PART 11. TEXAS JUVENILE PROBATION COMMISSION
CHAPTER 341. TEXAS JUVENILE PROBATION COMMISSION STANDARDS
SUBCHAPTER I. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS
The Texas Juvenile Probation Commission proposes an amendment to §341.60 concerning the Commission's electronic data interchange specifications. The amendments are being proposed in an effort to reflect the accurate placement and services types that are currently available for juveniles.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the amendments are in effect, there will be no fiscal implications for state or local government. There will be no fiscal implications for small businesses or individuals as a result of enforcement or implementation.
Ms. Capers has also determined that for each year of the first five years the amendments are in effect, the public benefit expected as a result of enforcement or implementation will be to allow the public with more complete and detailed data which can be analyzed to better review juvenile justice trends, the provision of services and the needs of juveniles served by the system.
Public comments on the proposed amendments may be submitted to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
The amendment is proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other statute, article, or code will be affected.
§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 (No change.)
Figure 2: 37 TAC §341.60 (.pdf)
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 12, 2009.
TRD-200900113
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes the repeal of Chapter 343, §§343.1 - 343.17, 343.30 - 343.37, 343.45 - 343.52, and 343.60 - 343.68, relating to standards for secure juvenile pre-adjudication detention and post-adjudication correctional facilities. The repeal is in an effort to provide structural and substantive changes from the current standards.
Lisa Capers, Deputy Executive Director and 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. There will be no fiscal implications for small businesses or individuals as a result of enforcement or implementation.
Ms. Capers 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 proposed repeal may be submitted to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
SUBCHAPTER A. DEFINITIONS
(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.)
This 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 this 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 12, 2009.
TRD-200900134
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
(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.)
This 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 this repeal.
§343.2.Administration and Management.
§343.3.Treatment and Safety.
§343.4.Data Collection.
§343.5.Physical Plant.
§343.6.Security and Control.
§343.7.Rules and Discipline.
§343.8.Food.
§343.9.Hygiene.
§343.10.Health Care Services.
§343.11.Communications.
§343.12.Residents' Rights.
§343.13.Volunteers and Interns.
§343.14.Waivers and Variances.
§343.15.Employment of Certified Juvenile Detention Officers.
§343.16.Persons Who Must be Certified.
§343.17.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 12, 2009.
TRD-200900135
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
(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.)
This 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 this repeal.
§343.30.Intake, Admission and Release.
§343.31.Classification Plan.
§343.32.Supervision.
§343.33.Records.
§343.34.Sleeping Units.
§343.35.Multiple Occupancy Sleeping Units.
§343.36.Physical Plant.
§343.37.Programs.
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 12, 2009.
TRD-200900136
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
(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.)
This 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 this repeal.
§343.45.Intake, Admission and Release.
§343.46.Classification Plan.
§343.47.Supervision.
§343.48.Records.
§343.49.Sleeping Units.
§343.50.Physical Plant.
§343.51.Rules and Discipline.
§343.52.Programs.
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 12, 2009.
TRD-200900137
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
(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.)
This 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 this repeal.
§343.60.Definitions.
§343.61.Requirements.
§343.62.Prohibitions.
§343.63.Documentation.
§343.64.Physical Restraint.
§343.65.Mechanical Restraint.
§343.66.Restraint Chair.
§343.67.Chemical Agents.
§343.68.Transporting Residents Outside Facility.
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 12, 2009.
TRD-200900138
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new Chapter 343, §§343.100, 343.102, 343.104, 343.106, 343.200, 343.202, 343.204, 343.206, 343.208, 343.210, 343.212, 343.214, 343.218, 343.220, 343.222, 343.224, 343.226, 343.228, 343.230, 343.232, 343.234, 343.236, 343.238, 343.240, 343.242, 343.244, 343.246, 343.248 - 343.250, 343.260, 343.262, 343.264, 343.266, 343.268, 343.270, 343.272, 343.274, 343.276, 343.278, 343.280, 343.282, 343.286, 343.288, 343.290, 343.300, 343.302, 343.304, 343.306, 343.308, 343.310, 343.312, 343.314, 343.316, 343.320, 343.322, 343.324, 343.326, 343.328, 343.330, 343.332, 343.334, 343.336, 343.338, 343.340, 343.342, 343.344, 343.346, 343.348, 343.350, 343.352, 343.354, 343.356, 343.358, 343.360, 343.362, 343.364, 343.366, 343.368, 343.370, 343.372, 343.374, 343.376, 343.378, 343.380, 343.382, 343.384, 343.386, 343.400, 343.402, 343.404, 343.406, 343.408, 343.410, 343.412, 343.414, 343.416, 343.418, 343.420, 343.422, 343.424, 343.426, 343.428, 343.430, 343.432, 343.434, 343.436, 343.438, 343.440, 343.442, 343.446, 343.448, 343.450, 343.452, 343.454, 343.456, 343.458, 343.460, 343.462, 343.464, 343.468, 343.470, 343.472, 343.474, 343.476, 343.478, 343.480, 343.482, 343.484, 343.486, 343.488 - 343.494, 343.496, 343.498, 343.600, 343.602, 343.604, 343.606, 343.608, 343.610, 343.612, 343.614, 343.616, 343.618, 343.620, 343.622, 343.624, 343.626, 343.628, 343.630, 343.632, 343.634, 343.636, 343.638, 343.640, 343.642, 343.644, 343.646, 343.648, 343.650, 343.652, 343.654, 343.656, 343.658, 343.660, 343.662, 343.664, 343.666, 343.668, 343.670 - 343.678, 343.680, 343.686, 343.688, 343.690, 343.700, 343.702, 343.704, 343.706, 343.708, 343.710, 343.712, 343.800, 343.802, 343.804, 343.806, 343.808, 343.810, 343.812, 343.816, and 343.818, relating to standards for secure juvenile pre-adjudication detention and post-adjudication correctional facilities. These new standards are being proposed in an effort to ensure that the minimum standards for secure pre and post-adjudication juvenile facilities reflect practices specific to federal constitutional requirements, relevant federal statutes, and national standards and related best practices models. Additionally, these standards are being proposed to ensure that the Texas Juvenile Probation Commission's related standards monitoring expectations are clearly identified within the context of Administrative Code Rules.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the amendments are in effect, there will be no fiscal implications for small business as a result of enforcement or implementation. Ms. Capers has determined that there will be limited fiscal implications for state government and local government as a result of enforcement or implementation, including:
Section 343.404. Under this proposed standard, a consultation may result in fiscal implications if assessments or evaluations are recommended by a qualified mental health professional (QMHP) or a mental health professional (MHP). The diversity of the recommendations a QMHP or a MHP may make does not readily lend itself to a reliable cost analysis. There could be a fiscal impact for those jurisdictions that do not have access to a QMHP or that do not employ a MHP. The costs associated with mental health consultations may be offset by the TJPC's $5 million Legislative Appropriations Request (LAR) to assist in funding mental health professionals in all pre and post-adjudication facilities across the state.
Section 343.406. This proposed standard would require professionally administered health assessments for detainees who are identified (by formalized screening, request, or observation) as having a medical need. Additionally, the standard would require a professionally administered health assessment for youth held in detention for 30 consecutive days that have not already had said assessment completed. The 30-day requirement would only impact a small percentage of the State's annual detention population because the current average length of stay is approximately 13 days. In 2007, approximately 6,300 (11.12%) of the 56,000 plus youth detained were held for 30 days or longer. Of these 6,300 youth, approximately 2,600 were detained in the State's three largest jurisdictions, which had health care professionals actually administering initial screenings or providing standardized follow up (i.e., assessment) of youth soon after admission (both practices would negate the need for 30-day assessments). The remaining 3,700 youth would be further reduced by exempting those with a prior health assessment (up to one year old) provided by an alternative source (e.g., school, parent, prior juvenile justice contact, etc.). The remaining detainees impacted by the proposed standards could be professionally assessed by a licensed nurse for approximately $85.00 per assessment.
Section 343.428 and §343.622. These proposed standards would require that before a juvenile supervision officer (i.e., juvenile detention officer) assumed their standardized supervision duties, an officer would have to complete training in at least 40 hours of designated core topics plus an additional 24 hours of training in restraint technique and basic first aid and CPR. This provision would require at least 64 hours of training before an officer assumed his or her duties. Currently, an officer can assume these duties with approximately 28 to 32 hours of instruction in a restraint technique (approximately 16 hours), first aid and CPR (8 hours combined), abuse and neglect reporting requirements (2-4 hours), and facility-specific resident suicide prevention policies (2-4 hours). Therefore, the required training hours (and potential associated costs) could increase by approximately 44%. The TJPC has increased the availability of web-based training seminars to help offset increased training requirements.
Section 343.812. There are multiple provisions within this proposed standard that may have a fiscal impact on those select secure facilities that utilize non-ambulatory restraints. It is important to note that use of non-ambulatory restraint devices is not required per TJPC standards. Therefore, the following fiscal impact summaries would be applicable only to those jurisdictions that decide to incorporate non-ambulatory restraints. Subsection (d) of this section would restrict resident rooms with fixed restraint apparatus from housing ineligible youth (those not subject to non-ambulatory restraint) or require that static restraint fixtures within the unit be removed or defeated. Subsection (e) of this section would prohibit jurisdictions from fabricating their own non-ambulatory restraint devices and require they purchase professionally manufactured and commercially available devices instead. The TJPC's research indicates that a professionally manufactured and commercially available restraint bed (with all necessary attachments) could cost anywhere from approximately $1,400.00 to $2,700.00 per unit. Subsection (f) of this section would require that non-ambulatory restraints lasting longer than one hour in duration are accompanied by the relevant recommendations submitted by a health care professional or a mental health professional. And finally, subsection (i) of this section requires that youth in non-ambulatory restraints be provided constant visual supervision by a juvenile supervision officer (i.e., detention officer). This may then require the allocation of additional JSOs.
Ms. Capers has also determined that for each year of the first five years the new rules are in effect, the public benefit expected as a result of enforcement or implementation will be the improved conditions of confinement for youth incarcerated in the State's secure pre and post-adjudication juvenile facilities and enhanced training credentials for the direct care staff serving and supervising these youth. There will be no impact on small business or individuals as a result of the amendments. Public comments on the proposed rules may be submitted in writing to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547. Comments may also be submitted electronically to Kristy.Almager@tjpc.state.tx.us or faxed to (512) 424-6718.
SUBCHAPTER A. DEFINITIONS AND APPLICABILITY
37 TAC §§343.100, 343.102, 343.104, 343.106
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by this new chapter.
§343.100.Definitions.
The following words and terms when used in this chapter shall have the following meanings, unless otherwise expressly defined within the chapter.
(1) Acting Facility Administrator--The certified juvenile supervision officer who is designated in writing by the facility administrator to be in charge during his or her absence.
(2) Behavioral Health Assessment--A mental health assessment conducted by a Masters-level counselor with Texas State licensure (i.e., LPC, LMFT and LCSW) that includes information from testing, review of background information and clinical interview(s). See the Commission's commentary of §343.600 of this chapter for a complete listing of the specific elements required to be addressed in this assessment.
(3) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department for a single county or a multi-county judicial district.
(4) Commission--The Texas Juvenile Probation Commission (TJPC).
(5) 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.
(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) Date and Time of Admission--The date and time a juvenile has been authorized for detention in a secure pre-adjudication detention facility by an individual who is authorized by the juvenile board in accordance with §53.02 of the Texas Family Code. If the decision to detain was made prior to the juvenile's arrival to the facility, the date and time of admission shall be the same as the date and time of entry.
(8) Date and Time of Entry--The date and time a juvenile has been presented by law enforcement or county juvenile probation officer to a pre-adjudication secure detention facility for processing and authorization of detention.
(9) Design Capacity--The number of people that can safely occupy a building or space as determined by the current architectural design and any building modifications, licensing, accreditation, regulatory authorities, and applicable building codes.
(10) Designee--The person authorized to perform a specific duty as assigned by the facility administrator.
(11) Detention--The temporary secure custody of a child as defined in and authorized by Title 3 of the Texas Family Code.
(12) Disciplinary Seclusion--The separation of a resident from other residents for disciplinary reasons, and the placement of the resident alone in an area from which egress is prevented.
(13) Facility Administrator--Individual designated by the chief administrative officer or the governing board of the facility as the on-site program director or superintendent of a secure facility.
(14) Furlough--A period of time during which a resident is allowed to leave the facility premises and go into the community unsupervised for various purposes consistent with public interest.
(15) Hazardous Material--Any substance which is explosive, flammable, combustible, poisonous, corrosive, irritating or otherwise harmful and is likely to cause injury or death.
(16) Health Administrator--A person, who by virtue of education, experience or certification (e.g., MSN, MPH, MHA, FACHE, CCHP, MD), is capable of assuming responsibility for arranging all levels of health care and ensuring quality and accessible health services for juveniles.
(17) Health Assessment--The process whereby the health status of an individual is evaluated, which may include questioning the patient regarding symptoms.
(18) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, mental health professionals, medical and nursing care assistants, emergency medical technicians (EMT), and others who, by virtue of their education, credentials and experience, are permitted by law to evaluate and care for patients.
(19) Health Service Authority--The agency, organization, entity or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility.
(20) Housing Area--An area within a secure juvenile facility that contains any single occupancy housing unit or units (SOHU) and/or multiple occupancy housing unit or units (MOHU).
(21) Housing Unit--A unit within the housing area that may be designed and constructed as either a single occupancy housing unit (SOHU) or a multiple occupancy housing unit (MOHU).
(22) Individual Resident Sleeping Quarter--A cell or room designed and constructed to securely house one resident.
(23) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication secure detention facility into a post-adjudication secure correctional facility under the same administrative authority.
(24) Isolation--The separation of a resident from other residents and the placement of the resident alone in an area from which egress is prevented for assessment, medical, or protective purposes.
(25) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program administered or operated under the authority of the juvenile board.
(26) Juvenile Supervision Officer--A person whose primary responsibility and essential function is the supervision of juveniles in a juvenile justice facility or a juvenile justice program operated by or under contract with the juvenile board.
(27) Material Safety Data Sheet (MSDS)--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects and safe handling/storage information.
(28) Mental Health Assessment--An assessment that can only be completed by a licensed mental health professional. An assessment consists of gathering key information regarding the psychosocial needs and problems identified during a mental health screening, including the type and extent of mental health disorders and substance abuse disorders, other issues associated with the disorders and recommendation for treatment intervention.
(29) Medical Entity--An agency or organization that is primarily composed of health care professionals.
(30) Medical Treatment--Medical care, including diagnostic testing (e.g., x-rays, laboratory testing, etc.), performed or ordered by a physician, physician assistant, licensed nurse practitioner, emergency medical technician (EMT), or paramedic.
(31) Mental Health Professional--Including associates, students, interns, fellows, post-doctorates, or other approved students in an official training program in psychology or a related field under the supervision of an authorized, licensed supervising mental health professional. A mental health professional is an individual who has met the educational requirements and is licensed or certified by one or more of the following governmental entities:
(A) the Texas State Board of Examiners of Psychologists;
(B) the Texas State Board of Examiners of Professional Counselors;
(C) the Texas State Board of Examiners of Marriage and Family Therapists;
(D) the Texas Department of State Health Services;
(E) the Texas State Board of Medical Examiners;
(F) the Texas State Board of Social Work Examiners provided that the licensure is Licensed Clinical Social Work; or
(G) the Texas State Board of Social Work Examiners provided that the licensure is Licensed Master Social Work accompanied with written recognition by the board for independent practice.
(32) Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review.
(33) Military-Style Program--A program or component in a post-adjudication secure correctional facility for juvenile offenders that features military-style discipline and structure as an integral part of its treatment and rehabilitation program.
(34) Multiple Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple occupancy sleeping which is self-contained and includes appropriate sleeping, sanitation, and hygiene equipment or fixtures.
(35) National Crime Information Center (NCIC)--NCIC is the Federal Bureau of Investigation (FBI) database utilized for the tracking of an individual's criminal history in the United States.
(36) Non-Program Hours--Time period when all scheduled resident activity for the entire resident population in the facility has ceased for the day.
(37) 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 or activities related to the educational curriculum (i.e., physical education).
(38) Positive Screening--A scored result of a completed mental health screening instrument (i.e., MAYSI-2) recommending services requiring a primary service by a mental health professional as described on the MAYSI-2 reference card.
(39) Post-Adjudication Secure Correctional Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing 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 chapter 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 governing board.
(40) Pre-Adjudication Secure Detention Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing 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 chapter apply to all pre-adjudication secure detention facilities. A pre-adjudication secure detention facility does not include a short-term detention facility as defined by §51.12(j) of the Texas Family Code.
(41) Premises--A building(s) together with its grounds or other appurtenances.
(42) 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.
(43) Professionals--The following persons are considered professionals for limited purposes:
(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) health care professionals 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;
(iv) the Texas Department of State Health Services; or
(v) the Texas State Board of Dental Examiners;
(D) mental health professionals as defined herein;
(E) qualified mental health professional as defined herein;
(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.
(44) Protective Isolation--The exclusion of the threatened resident from the group by placing the resident in an individual room that minimizes contact with the residents from a specific group.
(45) Program Hours--Time period of no less than ten 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.
(46) Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the guidelines of the Texas Department of State Health Services.
(47) Rated Capacity--The maximum number of beds available in a facility that were architecturally designed as a housing unit.
(48) Resident--A juvenile or other individual that has been lawfully admitted into a juvenile pre-adjudication secure detention facility or a post-adjudication secure correctional facility.
(49) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed.
(50) Serious Mental Illness--A professional diagnosis of the following disorders: psychoses, schizophrenia, bipolar with psychotic features, depression with psychotic features, severe post-traumatic stress disorder, and schizoaffective disorders.
(51) Single Occupancy Housing Unit (SOHU)--A housing unit designed and constructed with separate and secure individual resident sleeping quarters and includes appropriate sleeping, sanitation, and hygiene equipment or fixtures.
(52) Standard Screening Instrument--An instrument approved by the Commission that screens the juvenile's needs in the area of mental health.
(53) Texas Crime Information Center (TCIC)--TCIC is the Department of Public Safety database utilized for the tracking of an individual's criminal history in the State of Texas.
(54) Volunteer--Individuals agreeing to perform services without compensation, who have regular or periodic supervised contact or unsupervised contact with juveniles under the direction of the pre-adjudication and post-adjudication secure juvenile facility.
(55) Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined herein:
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of another person with an object.
(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or
(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons, including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
(E) A juvenile may not consent to the acts as defined herein under any circumstances. Consent may not be implied regardless of the age of the juvenile.
§343.102.Interpretation and Applicability.
(a) Headings. The headings in this chapter are for convenience only and are not intended as a guide to the interpretation of the standards herein.
(b) Including. The word "including", when following a general statement or term, is not to be construed as limiting the general statement or term to any specific item or manner set forth or to similar items or matters, but, rather, as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its broadest possible scope.
(c) Applicability. This chapter applies to all secure juvenile pre-adjudication detention facilities and post-adjudication correctional facilities in this State, except for a facility operated or certified by the Texas Youth Commission. This chapter does not apply to a facility that is licensed by a state governmental entity or that is exempt from licensure by state or federal law. Furthermore, all standards requiring written policies and procedures are expected to be implemented and practiced.
(d) Compliance Resource Manual and Implementation of Agency Policy. The Commission may establish by administrative rule or other reasonable agency policy, the required guidelines, procedures, and documentation necessary to ensure compliance and verification of the standards set forth in this chapter.
§343.104.Waiver.
Unless expressly prohibited by another standard, the governing board, the chief administrative officer, or facility administrator may make an application for waiver of any standard or standards adopted by the Commission in accordance with Chapter 349 of this title.
§343.106.Variance.
Unless expressly prohibited by another standard, 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 12, 2009.
TRD-200900139
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§343.200, 343.202, 343.204, 343.206, 343.208, 343.210, 343.212, 343.214, 343.218, 343.220, 343.222, 343.224, 343.226, 343.228, 343.230, 343.232, 343.234, 343.236, 343.238, 343.240, 343.242, 343.244, 343.246, 343.248 - 343.250, 343.260, 343.262, 343.264, 343.266, 343.268, 343.270, 343.272, 343.274, 343.276, 343.278, 343.280, 343.282, 343.286, 343.288, 343.290, 343.300, 343.302, 343.304, 343.306, 343.308, 343.310, 343.312, 343.314, 343.316, 343.320, 343.322, 343.324, 343.326, 343.328, 343.330, 343.332, 343.334, 343.336, 343.338, 343.340, 343.342, 343.346, 343.348, 343.350, 343.352, 343.354, 343.356, 343.358, 343.360, 343.362, 343.364, 343.366, 343.368, 343.370, 343.372, 343.374, 343.376, 343.378, 343.380, 343.382, 343.384, 343.386
These standards are proposed under §141.042 of the Texas Human Resources Code, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by this new chapter.
§343.200.Authority to Operate Secure Juvenile Facility.
Pursuant to Texas Family Code Title 3, a pre-adjudication secure detention facility and a post-adjudication secure correctional facility for juvenile offenders may only be operated by:
(1) a governmental unit in this State; or
(2) a private entity under a contract with a governmental unit in this State.
§343.202.Acceptance of Residents.
A facility may only accept and admit a child, as that term is defined in §51.02(2) of the Texas Family Code, who:
(1) has been charged with or adjudicated of an offense or offenses against the laws of this State;
(2) is authorized to be detained or confined pursuant to Title 3 of the Texas Family Code; or
(3) is a juvenile adjudicated of offenses committed against the laws of another state or the United States whose confinement is authorized pursuant to Chapter 342 of this title.
§343.204.Facility Governing Board.
Each facility shall have a governing board that functions in an oversight capacity to the facility. The governing board shall be a governmental unit or a board of trustees appointed by the governmental unit that establishes and operates or contracts for the establishment and operation of the facility. The governing board for the facility shall provide oversight of facility operations, policies and procedures.
§343.206.Certification and Registration of Facility.
Before admitting residents, the juvenile board in the county where the facility is located, shall:
(1) certify the facility in compliance with §51.12 or §51.125 of the Texas Family Code;
(2) designate the number of pre-adjudication and post-adjudication beds in the facility certification;
(3) register the facility with the Commission in compliance with §51.12 or §51.125 of the Texas Family Code; and
(4) post within a public area of the facility the current facility certification and the Commission's facility registration.
§343.208.Policy, Procedure and Practice.
The governing board of the facility shall require that written policies and procedures exist governing the operation of all secure juvenile pre-adjudication detention and post-adjudication correctional facilities in the county. The policies, procedures and practices of the facility shall include:
(1) a policy in the following areas strictly prohibiting:
(A) physical, sexual or emotional abuse, neglect or exploitation of a resident by any individual having contact with a resident of the facility;
(B) youth-on-youth sexual conduct between residents;
(C) violations of the juvenile supervision officer code of ethics and code of conduct as outlined in Chapter 345 of this title;
(D) violations of any professional code of ethics or conduct by any individual providing services to or having contact with residents of the facility; and
(2) a zero tolerance policy and practice regarding sexual abuse in accordance with the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions.
§343.210.Designation and Qualifications of Facility Administrator.
(a) The chief administrative officer or the governing board of the facility or their designee shall designate a single facility administrator for each secure facility.
(b) The facility administrator shall:
(1) have acquired a bachelor degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
(2) have either:
(A) one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the Commission; or
(B) one year of experience in full-time case work, counseling, or community or group work:
(i) in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons; and
(ii) the Commission determines the kind of experience necessary to meet this requirement; and
(3) maintain an active Commission certification as a juvenile supervision officer.
§343.212.Duties of Facility Administrator.
(a) The facility administrator shall be responsible for the daily operations of the facility and shall maintain an office at the facility.
(b) The facility administrator shall designate a certified juvenile supervision officer to be in charge during his or her absence from the facility.
(c) The facility administrator shall develop, implement and maintain a policies and procedures manual for the facility and shall ensure the daily facility practice conforms to the policies and procedures detailed in the manual.
(d) The facility administrator shall review the facility's policies and procedures manual at least every 365 calendar days and maintain documentation of this review.
(e) The facility administrator shall make available the policies and procedures manual to all employees of the facility.
(f) The facility administrator shall ensure that all employees of the facility are:
(1) trained on the policies and procedures manual provisions relevant to the employee's job functions during new employee orientation or prior to beginning service at the facility and maintain documentation of that training; and
(2) provided or made available, in a written or electronic format, all changes or modifications to the policies and procedures manual in a timely manner.
(g) The facility administrator or designee shall ensure that current, accurate and confidential personnel records are maintained for each employee which shall include:
(1) proof of age;
(2) documentation of criminal background checks conducted as required by this title;
(3) the completed application for employment;
(4) training records; and
(5) documentation of promotion, demotion, termination and other personnel actions.
(h) The facility administrator or chief administrative officer shall provide the presiding officer of the juvenile board or governing board of the facility with periodic updates on the operation of the facility, including the following information to be provided at least every quarter:
(1) facility population/capacity reports;
(2) number of serious incidents by category that occurred in the facility;
(3) number of resident restraints by type (e.g., personal, mechanical and chemical);
(4) number of injuries to residents requiring medical treatment; and
(5) number of injuries to staff requiring medical treatment.
(i) The facility administrator or chief administrative officer shall ensure the accurate and timely submission of statistical data to the Commission in an electronic format or other format as requested by the Commission.
(j) The facility administrator or chief administrative officer shall ensure that all individuals employed by the facility who have unsupervised contact with residents are subjected to all required criminal history background checks as required by Chapter 344 of this title.
§343.214.Data Collection.
The facility administrator or chief administrative officer shall maintain and report to the Commission electronically, or in the format requested, accurate statistics in the following areas:
(1) total number of grievances;
(2) total number of personal restraint incidents;
(3) total number of mechanical restraint incidents;
(4) total number of chemical restraint incidents;
(5) total number of non-ambulatory restraint incidents;
(6) total number of disciplinary seclusions; and
(7) total number of detention staff injuries resulting from interaction with residents.
§343.218.Location and Operations.
(a) Co-located Facilities.
(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.
(3) The facility shall submit information and agree to monitoring from the Office of the Governor and/or the contract representative.
(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) Non-Secure Programming on Facility Premises. Any youths who participate in day programming on the facility premise who are not residents of the facility shall be kept physically separated from residents of the facility at all times.
§343.220.Population.
The population of the facility shall not exceed the rated capacity of the facility.
§343.222.Heating and Ventilation.
(a) The facility shall provide fully functioning heating, cooling and ventilation systems adequate for the square footage of the facility.
(b) Alternate means of ventilation in the facility shall be maintained in case regular power is interrupted.
§343.224.Alternate Power Source.
(a) The facility shall have an alternate source(s) of electrical power that provides for the simultaneous operations of life safety systems including:
(1) emergency lighting;
(2) illuminated emergency exit lights and signs;
(3) emergency audible communication systems and equipment;
(4) fire detection and alarm systems;
(5) ventilation and smoke management systems; and
(6) all secure door locking mechanisms which operate exclusively on electric current.
(b) The alternate power source system shall be tested at least every fifteen (15) calendar days to ensure the system is in working condition.
(c) The alternate power system (e.g., the alternate power source and the life safety systems required to be operated) shall be inspected at least every 365 calendar days. This inspection must be completed by a person with qualifications established through work experience, relevant training, specialized licensure or certification.
(d) All of the aforementioned tests shall be documented to minimally include test date and test results.
(e) Any system malfunctions or maintenance needs that are identified during a test, or at any other time, shall require that a written maintenance request be immediately submitted to the appropriate personnel.
§343.226.Lighting.
(a) Lighting. Adequate lighting shall be provided to all areas of the facility.
(b) Natural Lighting. All housing units shall provide natural light available from a source within the housing unit. This standard also applies to all specialized housing.
§343.228.Dining Area.
The dining area shall provide a minimum of 15 square feet of floor space per diner.
§343.230.Specialized Housing.
Any room utilized for the disciplinary seclusion, protective isolation, assessment isolation or medical isolation of residents from the general population during program hours shall be equipped with:
(1) an operable toilet above floor level;
(2) a washbasin with hot and cold running water; and
(3) a bed above floor level.
§343.232.Housing for Residents with Physical Disabilities.
All housing areas used by residents with a physical disability shall be designed for their use and provide for their safety and security in accordance with state and federal law.
§343.234.Program Areas.
The facility shall provide space for:
(1) visitation;
(2) religious activities;
(3) interviewing and counseling; and
(4) educational instruction.
§343.236.Secure Storage Areas.
(a) Cleaning Supplies. Storage of cleaning supplies and equipment shall be locked and not accessible to residents.
(b) Restraint Devices. There shall be a location for secure storage of restraining devices and related security equipment. This equipment shall be readily accessible to authorized persons.
(c) Personal Property. Space shall be provided for secure storage of the resident's personal property.
§343.238.Hazardous Materials.
(a) The facility shall maintain an inventory and a copy of the Material Safety Data Sheet (MSDS) for all hazardous materials located in the facility.
(b) The facility shall prohibit the use of all hazardous materials by residents.
(c) Exceptions. Materials manufactured specifically for cleaning purposes may be used by residents for cleaning areas of the facility under the constant supervision of the juvenile supervision officer. The resident must be provided instruction on the use of the hazardous material and the proper equipment as prescribed by the MSDS.
(d) Any use of hazardous materials shall be used according to the manufacturer's instructions.
§343.240.Safety Codes.
(a) 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 or codes only if said ordinances or codes are specifically written to include building occupancy for detention and correctional usage.
(b) A formalized Life Safety Code Inspection/fire safety inspection shall be completed prior to the facility becoming operational.
(c) All subsequent Life Safety Code Inspections/fire safety inspections shall be conducted no later than 365 calendar days from the date of previous inspection.
(d) Each Life Safety Code/fire safety inspection shall result in a written report that minimally contains the following information:
(1) the identification of the specific code(s) used to complete the inspection. The code(s) in question will either be the NFPAs Life Safety Code 101 or the applicable state, municipal or county specific fire code adopted by the jurisdiction;
(2) the name of the governmental entity that conducted the inspection;
(3) the identification of any applicable code violations or infractions and the corresponding corrective action requirements;
(4) the name and title of the person conducting the inspection; and
(5) the date(s) of the inspection.
(e) Any deficiencies noted in the annual inspection report shall be immediately addressed by the facility administrator or designee. The facility administrator shall develop and document a corrective action plan to rectify all deficiencies.
§343.242.Fire Safety Plan.
(a) The facility shall have in effect and available to all supervisory personnel, written copies of a fire safety plan for the protection of all persons in the event of a fire for their evacuation to areas of refuge and for their evacuation from the building if necessary.
(b) The fire safety plan shall be coordinated with and reviewed by the fire department whose jurisdiction includes the facility. The coordination and review efforts required in this standard shall be validated by written documentation prepared or attested to by a representative of the applicable fire department.
(c) The fire safety plan shall require that all employees be instructed to ensure the following:
(1) proper disposal of combustible refuse;
(2) prompt evacuation of the facility; and
(3) procedures for the use and control of flammable, toxic, and caustic materials.
§343.244.Fire Safety Officer.
The fire safety officer shall:
(1) ensure maintenance of a current fire drill log;
(2) ensure that fire drills are conducted as required by §343.246 of this chapter;
(3) ensure the posting of a plan for prompt evacuation of the facility as required by §343.246 of this chapter;
(4) implement procedures for proper disposal of combustible refuse; and
(5) implement procedures for the use and control of flammable, toxic, and caustic materials.
§343.246.Fire Drills.
(a) Required Fire Drills. The fire safety officer or designee shall conduct fire drills on all shifts at least every ninety calendar days.
(b) All staff on duty in the facility shall participate in the fire drills.
(c) Exits. Facility exits shall be clear of obstruction and properly marked for evacuation in the event of fire or other emergency.
(d) Evacuation Plans. Facility emergency evacuation plans shall be posted in resident restricted areas.
§343.248.Non-Fire Emergency Preparedness Plan.
The facility shall have an emergency preparedness plan that includes, but is not limited to severe weather, natural disasters, disturbances or riots, national security issues, and medical emergencies. The plan shall address:
(1) the identification of key personnel and their specific responsibilities during an emergency or disaster situation;
(2) agreements with other agencies or departments; and
(3) transportation to pre-determined evacuation sites.
§343.249.Internal Security.
(a) Policies and Procedures. Written policies and procedures for security and control of the facility shall include 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 escape or other situations requiring assistance from city, county or state law enforcement agencies.
(b) Documentation.
(1) The facility administrator or designee shall ensure the documentation of all special incidents, including, but not limited to the taking of hostages, escapes, and assaults.
(2) A copy of the report shall be placed in the permanent file of any resident(s) involved in the incident.
(c) Video and Audio Surveillance. Video and audio monitoring devices may be utilized for security purposes but shall not substitute for required levels of supervision by a juvenile supervision officer.
§343.250.External and Perimeter Security.
(a) The facility shall be constructed so that residents remain within the premises and the general public is denied access without authorization.
(b) Perimeter security shall be maintained at all times. Any outdoor area in which residents are permitted shall be enclosed by a permanently erected fence or wall to help prevent resident escapes and unauthorized public entry to the facility grounds.
§343.260.Resident Searches.
(a) Residents shall only be subjected to the following searches:
(1) a pat down or frisk search as necessary for facility security and safety;
(2) an oral cavity search to prevent concealment of contraband, to ensure the proper administration of medication;
(3) a strip search in which the resident is required to surrender their clothing based on the reasonable belief that the resident is in possession of contraband or if there is reasonable belief that the resident presents a threat to the facility's safety and security;
(A) a strip search shall be limited to a visual observation of the resident and shall not involve the physical touching of a resident;
(B) a strip search shall be performed in an area that ensures the privacy and dignity of the resident; and
(C) a strip search shall be conducted by a staff member of the same gender as the resident being searched;
(4) an anal or genital body cavity search only if there is probable cause to believe that they are concealing contraband;
(A) an anal or genital body cavity search shall be conducted only by a physician; and
(B) all anal and genital body cavity searches shall be conducted in an office or room designated for medical procedures; and
(C) all anal and genital body cavity searches shall be documented with the documentation being maintained in the resident's file.
(b) During searches, the residents shall not be touched any more than necessary to conduct a comprehensive search; and
(c) Every effort shall be made to prevent embarrassment or humiliation of the resident.
§343.262.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.
§343.264.Personal Hygiene.
Residents shall be required to shower daily.
§343.266.Bedding.
(a) Each resident shall be provided suitable clean bedding, including two sheets, a pillow and a pillowcase, a mattress, and a blanket. Mattresses with an integrated pillow may be substituted for a separate pillow and a pillowcase.
(b) Clean bed linens shall be issued at least every seven calendar days.
(c) Modifications to a resident's bedding items may be made in accordance with §343.340(a)(8) of this chapter.
(d) In no case, shall residents on suicide supervision be denied appropriate bedding substitutions.
§343.268.Towels.
A clean towel shall be issued to each resident daily.
§343.270.Clothing.
(a) Clean clothing shall be provided to each resident upon admission into the facility.
(b) Clean and disinfected undergarments and socks shall be issued daily and other clean clothing shall be issued at least twice per week.
(c) Climate appropriate clothing shall be provided to all residents in the facility for any outdoor programming or activities.
(d) A resident on suicide supervision status may have their clothing requirements modified per the facility's suicide prevention plan in §343.340 of this chapter. However, in no case shall residents on suicide supervision be left in an unnecessary state of undress.
§343.272.Housekeeping Plan.
A written housekeeping plan shall be followed which promotes and ensures cleanliness, facility sanitation, and control of vermin and pests.
§343.274.Resident Discipline Plan.
Each facility shall develop and implement a written resident discipline plan that provides for the fair and consistent application of resident rules and sanctions. A resident discipline plan shall minimally include:
(1) resident rule violations categorized into minor infractions and major infractions as well as the corresponding sanctions available to staff. Minor infractions shall be limited to those rules which do not represent serious offenses against persons or property and do not pose a serious threat to institutional order and safety. Major infractions shall be limited to those rules which constitute serious offenses against persons or property and pose a serious threat to institutional order and safety;
(2) provisions to ensure that rule infractions or resident behaviors which constitute probable cause for an offense of a class B misdemeanor or above shall be referred to the law enforcement agency with applicable jurisdiction for possible investigation and/or prosecution;
(3) a listing of prohibited sanctions for residents that minimally includes:
(A) corporal punishment;
(B) humiliating punishment;
(C) allowing or directing one resident to sanction another;
(D) group punishment for the acts of individuals;
(E) deprivation or modification of required meals and snacks;
(F) deprivation of clean and appropriate clothing;
(G) deprivation or intentional disruption of scheduled sleeping opportunities;
(H) deprivation or intentional delay of medical and mental health services; and
(I) physical exercises imposed for the purposes of compliance, intimidation, or discipline;
(4) provisions that a resident shall be provided written notice of the alleged rule violation against him or her no more than 24 hours after the violation;
(5) provisions for an informal process for residents to resolve conflict with rule infractions and the corresponding sanctions, if the facility chooses to employ such a process; this shall include established guidelines that provide instruction for residents and staff in using this informal process to review and resolve resident concerns. In no case, shall a resident be sanctioned or retaliated against for electing to forego the informal disciplinary review process when they are eligible for formal disciplinary reviews;
(6) provisions for disciplinary reviews for major rule infractions, including established requirements of when to initiate formal disciplinary reviews and any ensuing appeals. The facility's policies and procedures shall not deny or restrict a formalized disciplinary review or appeal when one is requested by a resident with eligible standing; and
(7) provisions for the administrative review and closure of formal disciplinary reviews that are not disposed of prior to a resident's discharge from the facility.
§343.276.Formal Disciplinary Reviews for Major Rule Infractions.
Residents that receive a major rule violation or sanction are eligible to request a formal disciplinary review. Upon such a request, a resident shall receive a formal disciplinary review within ten calendar days.
§343.278.Formal Disciplinary Reviews for Residents in Disciplinary Seclusion.
(a) Residents in disciplinary seclusion shall receive the following due process reviews during the period of their seclusion. The reviews in paragraphs (1) and (2) of this subsection shall be conducted in a face-to-face setting by supervisory-level staff which shall not include any staff member involved in the alleged rule violation or the imposed sanction(s). Each of these two review procedures shall be appropriately documented and the corresponding documentation shall be retained in the resident's file. The following procedures shall be conducted:
(1) Upon the twenty-fourth hour of seclusion the resident shall receive an informal disciplinary review which includes an overview of the facility's formal disciplinary review process. If the twenty-fourth hour of seclusion occurs during non-program hours, then the informal review shall be conducted no later than 2 hours after the start of ensuing day's program hour schedule.
(2) A resident assigned to an extended period of seclusion beyond 24 hours shall have a formal disciplinary review no later than his or her seventy-second hour of seclusion per §343.280 of this chapter. If the seventy-second hour of seclusion occurs during non-program hours, then the formal disciplinary review shall be conducted no later than two hours after the start of the ensuing day's program hour schedule.
(b) A resident may choose to waive the right to a disciplinary review provided proper notification is given prior to the signing of the waiver. The waiver shall include the applicable rule violation and sanction plan.
§343.280.Formal Disciplinary Review Process.
The formal disciplinary review process shall, at a minimum, adhere to the following requirements:
(1) Disciplinary reviews must be before a neutral and impartial officer or board that shall not include any staff member involved in either the alleged rule violation or the imposed sanction.
(2) Provisions shall be made for the disclosure of the evidence against the resident accused with a rule violation on his or her behalf.
(3) A resident shall have the opportunity to be heard in person and to present evidence on his or her behalf.
(4) A resident shall have the opportunity to request relevant witnesses on his or her behalf.
(5) A resident shall have the opportunity to secure the aid of another resident or a staff member if the resident is illiterate or unable to understand the nature of the proceedings.
(6) If the disciplinary review determines that the resident did not commit a rule violation or that the corresponding sanction was inappropriate, facility staff shall restore or reinstate any denied or modified resident privileges.
(7) At the conclusion of a disciplinary review, a written statement by the disciplinary officer or disciplinary board shall be prepared indicating the evidence relied upon and justification for the disposition. The statement shall be made available to the resident for review and a copy shall be retained in the resident's file.
§343.282.Resident Appeals.
A resident may appeal the findings of a disciplinary review. The facility's resident discipline plan shall minimally include:
(1) provisions for a documented appeals process before the disciplinary officer or a person or persons not a member of the disciplinary board. The appeals process shall afford each of the due process provisions enumerated in §343.280(2) - (7) of this chapter;
(2) provisions that require the resident to submit the request for an appeal no later than 7 calendar days after a disposition is rendered in the disciplinary review;
(3) provisions that require the resident's appeal to be heard within thirty calendar days of resident's request; and
(4) provisions for a written statement by the appeals officer or appellate board at the conclusion of the review indicating the evidence relied upon and justification for the disposition. The statement shall be made available to the resident for review and a copy shall be retained in the resident's file.
§343.286.Room Restriction.
(a) Room restriction may be used in increments of up to 90 minutes for behavior modification.
(b) During room restriction, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed fifteen minutes.
§343.288.Disciplinary Seclusion.
(a) Disciplinary seclusion may be used when a resident commits a major rule violation or poses an imminent physical threat to self or others.
(b) A written disciplinary report which describes the resident's precipitating behavior and identifies the staff's response shall be completed promptly, but no later than the end of the shift on which the seclusion occurs. The report shall be submitted immediately to the facility administrator or the acting facility administrator for review.
(c) Seclusion in excess of 24 hours shall be approved in writing by the facility administrator or the acting facility administrator. The written approval of the facility administrator or the acting facility administrator shall also be required for each subsequent 24-hour extension.
(d) The seclusion of a resident with a known diagnosis of a serious mental illness requires consultation with a mental health professional prior to the authorization of any seclusion beyond a 24-hour period. If the seclusion occurs on a holiday or weekend and no mental health professional is available, the facility administrator or designee shall make a referral to the mental health professional and notify the mental health professional of the seclusion. The facility administrator or the acting facility administrator shall consult with the mental health professional as soon as possible after the referral.
(e) During disciplinary seclusion, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed fifteen (15) minutes.
(f) In addition to the requirements enumerated in subsections (a) - (c) and (e) of this section, the facility shall provide the secluded resident the disciplinary review mechanisms contained in §343.278 of this chapter.
§343.290.Protective Isolation.
(a) Protective isolation may be ordered when a resident is physically threatened by a resident or a group of residents.
(b) This decision shall be approved in writing by the facility administrator or the acting facility administrator.
(c) While in protective isolation, a juvenile supervision officer shall observe and record the resident's behavior at random intervals not to exceed fifteen (15) minutes.
(d) If the protective isolation of a resident exceeds 72 hours, the facility administrator or acting facility administrator shall immediately conduct a documented review of the circumstances surrounding the level of threat faced by the resident and make a determination as to whether other less restrictive protective measures are appropriate and available. If continued protective isolation is approved, the facility administrator, or acting facility administrator, shall ensure that the formalized written review document includes an alternative service delivery plan to ensure the isolated resident is afforded all required program services during their period of protective isolation.
§343.300.Nutritional Requirements.
Meals shall meet the dietary requirements of the United States Department of Agriculture (USDA).
§343.302.Menu Plans.
(a) The facility shall develop and follow daily written menu plans. Menu plans shall be reviewed and approved at least every 365 calendar days by a licensed or provisionally licensed dietician to ensure that the menu plans meet or exceed the requirements of the United States Department of Agriculture (USDA).
(b) If a facility staff determines that there is a legitimate need to deviate from an already approved written menu plan (e.g., delayed food delivery, spoiled/expired food, etc.), the reason for the deviation and menu substitution shall be fully documented. When menu substitutions are made, the substitution shall be of equal portions and nutritional value.
§343.304.Menu Content.
(a) Menus shall contain a variety of foods.
(b) The same menu or the same single meal shall not be served more than 2 consecutive days.
§343.306.Modified Diets.
Modified diets shall be provided upon the recommendation of a health care professional or when a resident's religious beliefs require it.
§343.308.Mealtime Prohibitions.
Residents shall not eat meals in their rooms unless it is necessary for facility safety and security (i.e., assignment to disciplinary seclusion, medical isolation, or assessment isolation or during riot or rebellion).
§343.310.Staff Meals.
Facility staff members on duty where residents are eating are not required to eat, but if they do, they shall eat the same food served to the residents unless a special diet has been ordered by a health care professional or a staff's religious beliefs require it.
§343.312.Daily Meal Schedule.
(a) Three meals shall be provided daily to each resident in the facility.
(b) At least 2 of the meals shall be hot.
(c) No more than fourteen hours may elapse between the evening meal and breakfast unless a snack is provided.
(d) Residents shall be allowed no less than ten minutes to eat once they have received their food.
§343.314.On-site Food Preparation.
A facility that prepares food on site shall maintain a valid permit and any required licenses issued by the local health department or the Texas Department of State Health Services.
§343.316.Off-site Food Preparation.
A facility that receives food from an off-site source shall maintain a copy of the source's valid permit and any required licenses issued by the local health department or the Texas Department of State Health Services. The transfer of such food to the facility shall be conducted in a manner to prevent contamination or adulteration.
§343.320.Health Service Authority.
The facility shall have a designated health service authority responsible for the development and implementation of health care protocols within the facility. The health service authority shall be a physician, physician assistant, registered nurse, nurse practitioner, health administrator, or a medical entity. When a medical entity is designated as the health service authority, an individual shall be identified as the primary point of contact.
§343.322.Health Care Services.
(a) Health Service Plan. The facility shall have a written health service plan developed in consultation with the designated health service authority. The health service plan shall establish the facility's health care delivery system for all residents.
(b) Review of Health Service Plan. The health service plan shall be reviewed at least every 24 months in consultation with the health service authority.
§343.324.Health Services Coordinator.
(a) The facility shall have a designated health services coordinator on staff to coordinate health care delivery in the facility.
(b) If the health services coordinator is not a health care professional, the health services coordinator shall receive special training in health care and health care service delivery topics relevant to detention and correctional facilities and be familiar with local health care providers and facilities.
§343.326.Medical Referral.
If a staff member observes any resident to be in need of medical attention or if a resident requests medical attention, the resident shall be referred for medical services. The resident may not be denied access to health care if the resident will only disclose the condition or reason for the treatment request to a health care professional.
§343.328.Consent for Medical Treatment.
(a) Consent for medical treatment shall be secured in accordance with Chapter 32 of the Texas Family Code.
(b) Documentation of consent for medical treatment received, in accordance with Chapter 32 of the Texas Family Code, shall be maintained in the applicable resident files.
§343.330.Medical Treatment for Victims of Sexual Abuse.
Testing for sexually transmitted diseases, including HIV-AIDS, shall be made available to a resident who, at the conclusion of an internal investigation or Commission investigation of abuse, neglect or exploitation, is found to have been abused, neglected or exploited in a manner by which HIV-AIDS or any other sexually transmitted disease may have been transmitted. The cost of the testing services and any subsequent medical treatment services shall not be assessed to the resident or the resident's family.
§343.332.Behavioral Health Care Services for Sexual Abuse Victims.
A mental health professional shall assess any resident who, at the conclusion of an internal investigation or Commission investigation of abuse, neglect or exploitation that occurred in the facility, is found to have been the victim of a sexual assault. The mental health professional shall assess the need for crisis intervention counseling and any subsequent long-term, follow-up or counseling services. The cost of the assessment and any subsequent counseling services shall not be assessed to the resident or the resident's family.
§343.334.Confidentiality.
(a) All medical and mental health screenings and assessments shall be conducted in a confidential setting consistent with facility operations and security.
(b) All interactions between a resident and a health care professional that involve treatment or an exchange of confidential medical information shall be conducted in private. The facility's policies and procedures may authorize a juvenile supervision officer to be present in the following situations:
(1) if the resident poses a substantial risk to the safety of the health care professional or others;
(2) if the facility has a written policy requiring the presence of a juvenile supervision officer during medical treatment;
(3) if the health care professional or resident requests the presence of a juvenile supervision officer during the treatment; or
(4) if the circumstances or situation indicate the presence of a juvenile supervision officer is necessary and prudent.
§343.336.Prescription Medication.
(a) Use of Medication. Except upon the order of a physician, physician assistant, dentist or nurse practitioner, no stimulant, tranquilizer, or psychotropic drug shall be administered to residents.
(b) Medication Policy. In accordance with §142.005 of the Texas Human Resources Code, the juvenile board or governing board of the facility shall adopt a policy concerning the administration of medication to residents. The policy shall specify which facility personnel are authorized to administer medication to residents.
§343.338.Medical Isolation.
Medical isolation may be authorized as a health precaution at the direction of a health care professional, facility administrator or the acting facility administrator.
(1) The reasons for the medical isolation of a resident shall be documented and a copy placed in the resident's file.
(2) A resident that has been placed on medical isolation by a facility administrator or the acting facility administrator shall be seen by a health care professional within twelve hours of the initial medical isolation.
(3) During medical isolation, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed fifteen (15) minutes.
§343.340.Suicide Prevention Plan.
(a) Plan. The facility shall have a written suicide prevention plan developed in consultation with a mental health professional that, at a minimum, addresses the following components:
(1) definitions of moderate and high risk for suicidal behavior;
(2) a screening methodology to assess and assign a resident's risk of suicide upon admission into the facility, and upon any indication a resident previously screened may now be at moderate or high risk for suicidal behavior. The screening methodology shall include specific provisions regarding the assessment of risk when a resident refuses or is unable to cooperate with the screening process;
(3) communication protocols among facility staff, mental health professionals, the resident's juvenile probation officer, the resident and the resident's parent, legal guardian, or custodian, including communication regarding observations or indications a resident previously screened may now be at moderate or high risk for suicidal behavior;
(4) level of supervision for residents assigned to moderate or high risk for suicidal behavior;
(5) policies and procedures for intervening in suicide attempts;
(6) reporting of resident suicides and attempted suicides, in accordance with any applicable state law, administrative standard, or local policy or ordinance;
(7) staff training on the contents and implementation of the suicide prevention plan;
(8) housing of residents assigned to moderate or high risk for suicidal behavior, including the removal from the resident's presence any dangerous objects which may include clothing and bedding items; and
(9) mortality reviews designed to review the facility's compliance and possible needed revisions to the suicide prevention plan following a resident's suicide.
(b) Implementation. The facility shall implement the suicide prevention plan, and all residents shall be screened and assessed for suicide risk upon admission and as necessary thereafter.
§343.342.Review and Dissemination of Suicide Prevention Plan.
(a) The suicide prevention plan shall be reviewed every 365 calendar days in consultation with a mental health professional.
(b) The suicide prevention plan shall be disseminated or made available to all facility staff having responsibilities named or enumerated in the facility's suicide prevention plan.
§343.346.Mental Health Referral of High Risk Suicidal Youth.
(a) The facility shall refer a resident classified as high risk for suicidal behavior to a mental health professional or mental health agency within 24 hours from the time the resident is classified as such.
(b) The facility shall maintain written documentation that the referral was made. The documentation shall include:
(1) the name and title of the person who notified the mental health professional;
(2) the name and title of the mental health professional or name of the mental health agency notified;
(3) the date and time of the notification;
(4) the method of notification; and
(5) a brief description of the response provided by the mental health professional or a responsive document from the mental health professional.
§343.348.Supervision of High Risk Suicidal Youth.
(a) Observation. During non-program hours, or any time a resident classified as high risk for suicidal behavior is secluded from the general population:
(1) the resident shall be under the continuous, uninterrupted visual supervision of a juvenile supervision officer; and
(2) the supervising juvenile supervision officer shall document his or her personal observations of a high-risk resident at intervals not to exceed 30 minutes.
(b) Required Documentation. The following documentation shall be maintained for high-risk residents:
(1) the date and time the resident was classified as high risk for suicidal behavior;
(2) name and title of the person who classified the resident as high risk for suicidal behavior;
(3) a description of the resident's behavior and/or factors that led up to the resident's classification as high risk for suicidal behavior;
(4) name and title of the juvenile supervision officer providing supervision of the resident;
(5) the location of the resident's supervision;
(6) the date and time the resident was reclassified as no longer being high risk for suicidal behavior; and
(7) the name and title of the mental health professional or physician who recommended the reclassification of the resident as no longer being high risk for suicidal behavior.
(c) Reclassification. Reclassification of a resident designated as high risk for suicidal behavior to a lower risk level shall only be determined by a qualified mental health professional, a mental health professional or a licensed physician.
(1) Prior to being removed from a classification of high risk for suicidal behavior, a qualified mental health professional, mental health professional or a licensed physician shall conduct a review of the resident's current suicide risk and issue a written recommendation which addresses the following:
(A) the need to re-classify the resident's suicide risk level;
(B) the need for intervention strategies and/or services during the resident's period of confinement within the facility; and
(C) the need for additional assessment(s), screening(s) or evaluation(s).
(2) The written recommendation of the qualified mental health professional, mental health professional or licensed physician shall be maintained in the resident's record.
(3) The facility administrator or the acting facility administrator shall review the written recommendation of the qualified mental health professional, mental health professional or licensed physician prior to reclassifying a resident as no longer at high risk for suicidal behavior.
(4) Only the facility administrator or the acting facility administrator shall authorize the reclassification of a resident classified as high risk for suicidal behavior under this subsection.
§343.350.Supervision of Moderate Risk Suicidal Youth.
(a) Observation. Any time a resident is classified as a moderate risk for suicidal behavior and is in individual sleeping quarters, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed ten minutes.
(b) Required Documentation. When providing supervision at random intervals, the juvenile supervision officer shall document:
(1) the date and time the resident was classified as moderate risk for suicidal behavior;
(2) the location of the resident's supervision;
(3) the name and title of the juvenile supervision officer providing supervision of the resident;
(4) each visual observation made and the time of the observation; and
(5) a general description of the resident's behavior.
(c) Reclassification. Only the facility administrator or the acting facility administrator shall authorize the reclassification of a resident classified as moderate risk for suicidal behavior under this section.
§343.352.Visitation.
(a) Residents have the right to receive visitors and to communicate subject only to the limitations authorized in §343.354 of this chapter.
(b) Residents shall be allowed visitation by a parent, legal guardian or custodian at least once every 7 calendar days for at least thirty minutes or the equivalent over multiple visits.
(c) The parent, legal guardian or custodian of the resident shall be provided a copy of the visitation schedule.
(d) A registry of all visitors shall be maintained to document the name and relationship to the resident.
§343.354.Limitations on Visitation.
(a) The policies, procedures and practices of the facility may limit a resident's visitation rights only to the extent required to maintain control and security of the facility.
(b) Restrictions on a resident's visitation rights shall not be imposed as a disciplinary sanction.
(c) The facility administrator or the acting facility administrator shall provide written documentation justifying any restriction placed on a resident's visitation rights.
(d) A resident shall not be denied communication or visitation with a parent, legal guardian or custodian for a prescribed period of time after admission into the facility.
§343.356.Access to Attorney.
Residents shall be permitted reasonable confidential contact with the resident's attorney and their designated representatives through telephone, uncensored letters, and personal visits.
§343.358.Telephone.
(a) A resident shall be provided the opportunity for at least one 5 minute phone call every 7 calendar days.
(b) Restrictions on a resident's telephone usage shall not be imposed as a disciplinary sanction.
(c) The parent, legal guardian or custodian of the resident shall be provided a copy of the facility's policy regarding telephone usage.
§343.360.Mail.
(a) Residents shall be provided access to writing materials and postage for no fewer than 2 letters every 7 calendar days.
(b) When a resident is released or transferred from the facility, his or her mail shall be forwarded to the resident's new address.
(c) Money received in the mail shall be held for the resident in their personal property inventory, with receipt provided, or returned to the sender.
§343.362.Limitations on Mail.
(a) Authorized Limitations. A resident's rights to privacy and correspondence may not be limited except when:
(1) a reasonable belief 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:
(A) ask the resident's permission to read the letter;
(B) if permission is denied, request a search warrant prior to opening and reading the letter; and
(C) if a search warrant request is denied, the correspondence shall be provided to the resident;
(2) correspondence with certain individuals is specifically forbidden by:
(A) the resident's juvenile court-ordered rules of probation or parole;
(B) the facility's rules of separation; or
(C) a specific list of individuals furnished by a resident's parents, legal guardians or custodians indicating who they feel should not communicate with the resident.
(b) Returning Mail. Such incoming correspondence as identified in subsection (a)(2) of this section shall be returned unopened to the sender.
(c) Withholding Mail. When mail is withheld from the resident, the reasons shall be documented and a copy placed in the resident's file.
§343.364.Legal Correspondence.
Residents shall be furnished adequate postage for legal correspondence during their confinement in the facility.
§343.366.Inspection of Mail.
Mail may be opened by staff only in the presence of the resident with inspection limited to searching for contraband.
§343.368.Illegal Discrimination.
Residents shall not be subjected to discrimination based on race, national origin, religion, sex, or disability.
§343.370.Prohibited Supervision.
Residents shall not be subjected to supervision and control by other residents.
§343.372.Work by Residents.
(a) Residents may be required to perform the following types of work responsibilities without monetary compensation:
(1) assignments which are part of a formalized vocational training curriculum;
(2) tasks performed as a community service pursuant to a juvenile court order; and
(3) routine housekeeping chores which are shared by all youth in the facility, including general facility maintenance.
(b) Residents shall not be permitted to perform any work prohibited by state or federal regulations pertaining to child labor.
(c) Repetitive, purposeless, or degrading make-work is prohibited.
(d) A resident's work assignments shall be excused or temporarily suspended if medically contra-indicated.
(e) Residents shall be provided with the necessary supervision, appropriate tools, cleaning implements, and clothing to safely and effectively complete their assignments.
(f) Residents shall not perform personal services for staff.
§343.374.Experimentation and Research Studies.
(a) Experimentation. Participation by residents in medical, psychological, pharmaceutical, or cosmetic experiments is prohibited.
(b) Research Studies. Participation by residents in medical, psychological, pharmaceutical, or cosmetic research is prohibited unless the research study is approved in writing by the juvenile board subject to the following guidelines:
(1) The juvenile board shall promulgate approved policies that govern all authorized research studies. Studies that include medically invasive procedures shall be prohibited.
(2) Approved research studies shall adhere to all applicable policies of the authorizing juvenile board.
(3) Research studies approved by the juvenile board shall be reported to the Commission in a format prescribed by the Commission prior to the commencement of the study.
(4) The results of the study shall be made available to the Commission upon request from the facility administrator, chief administrative officer, or juvenile board.
(5) Policies governing research studies shall adhere to all federal requirements governing human subjects and confidentiality.
§343.376.Resident Grievance Process.
Written policies and procedures, as well as actual practices shall demonstrate that there is a formalized grievance process to address residents' complaints about their treatment and facility services. At a minimum, the formalized grievance process shall include the following policy, procedural, and practice elements:
(1) Residents' ability to submit a grievance with full access to the process;
(2) A written response and resolution to all complaints:
(A) shall be resolved no later than ten calendar days from the date the grievance is received by pre-adjudication staff; or
(B) shall be resolved no later than thirty calendar days from the date the grievance is received by post-adjudication staff;
(3) Confidentiality of grievance without fear of reprisal;
(4) The designation of staff(s) as grievance officer(s);
(5) At least 1 level of appeal to an administrative-level staff person or to an administrative-level appeals board or panel;
(6) The resident's ability to participate in the resolution of a grievance, including the use of an intermediary and the ability to request witnesses;
(7) Periodic formal reviews of the grievance process and dispositions by administrative-level staff;
(8) A tracking system and grievance log that accounts for all grievances submitted; and
(9) Unresolved grievances submitted by any resident who is released shall be forwarded to the facility administrator or designee to determine if any action is needed.
§343.378.Grievance Appeals.
(a) The appeal shall be decided in a timely manner after receipt.
(b) The resident shall promptly be notified in writing of the resolution.
§343.380.Grievance Officer.
The duties of a grievance officer shall include:
(1) the maintenance of a current grievance log;
(2) the daily collection of grievances;
(3) responding to the resident after receiving the grievance;
(4) providing a written resolution to the resident; and
(5) forwarding all appeals to the administrative staff responsible for determining appeals.
§343.382.Grievance Form.
The grievance form shall contain the following elements:
(1) the name of the resident;
(2) the housing unit or cell;
(3) the date of the grievance;
(4) the grievance tracking identification;
(5) the nature or description of the grievance;
(6) the date and time of receipt;
(7) the name and title of the person receiving the grievance;
(8) the response or resolution to the grievance;
(9) the date and time of the response;
(10) the name and title of the person responding to the grievance; and
(11) a space for a written request to appeal the grievance response.
§343.384.Religious Services.
Residents shall not be required to participate in religious services and religious counseling.
§343.386.Volunteers and Interns.
Facilities utilizing a volunteer or internship program shall have written policies and procedures that contain the following components:
(1) a description of the authority, responsibility and accountability of volunteers and interns who work with the department;
(2) the selection and termination criteria, including disqualification based on specified criminal history;
(3) the orientation and training requirements, including training on recognizing and reporting abuse, neglect and exploitation;
(4) a requirement that volunteers and interns meet minimum professional requirements if applicable; and
(5) a written volunteer and intern registry, log or other documentation that details all dates and times a volunteer or intern is present on the premises of the facility as well as the purpose of their visit.
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 12, 2009.
TRD-200900140
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§343.400, 343.402, 343.404, 343.406, 343.408, 343.410, 343.412, 343.414, 343.416, 343.418, 343.420, 343.422, 343.424, 343.426, 343.428, 343.430, 343.432, 343.434, 343.436, 343.438, 343.440, 343.442, 343.444, 343.446, 343.448, 343.450, 343.452, 343.454, 343.456, 343.458, 343.460, 343.462, 343.464, 343.468, 343.470, 343.472, 343.474, 343.476, 343.478, 343.480, 343.482, 343.484, 343.486, 343.488 - 343.494, 343.496, 343.498
These standards are proposed under §141.042 of the Texas Human Resources Code, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by this new chapter.
§343.400.Intake and Admission.
(a) Intake. An intake officer authorized by the juvenile board shall be on duty at the facility or on-call 24 hours a day.
(b) Pre-Admission Assessment. Each facility shall have written policies and procedures addressing the admission of juveniles who are in need of emergency medical care due to injury, illness or intoxication or who are in need of emergency mental health services.
(1) Anyone presented for admission into detention and is in need of emergency medical care due to injury, illness or intoxication, or is in need of mental health intervention, shall not be admitted into detention.
(2) The referring person shall be directed to a health care facility to have the individual evaluated and treated.
(c) Subsequent admission into detention is contingent upon written medical clearance provided by a health care or mental health professional.
(d) Intoxicated or Chemically Impaired Individuals. Each facility shall have written policies and procedures addressing intoxicated or chemically-impaired juveniles being admitted into detention and their need for specialized supervision.
(e) Intoxicated or chemically-impaired individuals who have been medically cleared for admission should be placed under medical isolation in accordance with §343.338 of this chapter.
(f) A juvenile who has been taken into custody by law enforcement and presented for detention at a secure pre-adjudication detention facility shall:
(1) not be left unsupervised; and
(2) be admitted into detention immediately but no later than six (6) hours from the time of entry.
§343.402.Intake Assessment Period.
(a) Residents shall be assigned to the general program as soon as possible after admittance into the facility.
(b) Assessment isolation for periods of time longer than necessary to assess the risks and needs of a resident is prohibited. Assessment isolation shall not exceed 24 hours.
(c) If a resident is confined in his or her room at admission for assessment purposes, juvenile supervision officers shall document the assessment of the resident during this 24-hour period and retain this documentation in the resident's file.
(d) A juvenile supervision officer shall personally observe and record the behavior of a resident during the assessment period at random intervals not to exceed fifteen (15) minutes.
§343.404.Mental Health Screening and Referral.
(a) Mental Health Screening. The standard screening instrument shall be administered to each resident that is admitted into detention within 48 hours.
(b) Positive screening and mental health referral. A resident who scores a positive screening on the standard screening instrument shall be:
(1) administered a secondary screening to assist in clarifying the resident's need for mental health intervention; or
(A) If the secondary screening confirms the positive screening and that mental health intervention is warranted, then a referral shall be made to a mental health professional or licensed physician within 48 hours.
(B) If the secondary screening substantiates that the initial positive screening was false, then no further mental health intervention is required.
(2) referred to a qualified mental health professional for consultation to determine if further intervention is warranted.
(A) The facility shall maintain documentation of the consultation in the resident's file.
(B) If the qualified mental health professional recommends that further mental health intervention is needed, then the resident must be referred to a mental health professional or a licensed physician within 48 hours.
(c) Documentation of recommendations or referrals specific to the juvenile's positive screening on the standard screening instrument shall be forwarded to the supervising juvenile probation officer if the juvenile is released at any point during the proceedings initiated in subsection (b)(1) and (2) of this section. If the juvenile's release concludes any further juvenile justice intervention, then the documentation shall be forwarded to the juvenile's parent, legal guardian or custodian.
(d) Documentation of referrals, completed assessments and evaluations, including dates and times, shall be retained in the juvenile's file and forwarded to the supervising juvenile probation officer.
§343.406.Health Screening and Assessment.
(a) Health Screening. A health screening shall be conducted on each resident within 2 hours of admission by either a health care professional or an individual who has received specific training on administering the facility's health screening procedure. The health screening instrument shall include:
(1) mental health problems;
(2) suicide risk assessment in accordance with the facility's suicide prevention plan;
(3) current state of health including:
(A) allergies;
(B) tuberculosis;
(C) other chronic conditions;
(D) sexually transmitted diseases;
(E) other infectious diseases;
(F) history of gynecological problems or pregnancies; and
(G) recent injuries at or near the time of arrest;
(4) current use of medication including type, dosage and prescribing physician;
(5) visual observation of teeth and gums and notation of any obvious dental problems;
(6) vision problems;
(7) drug and alcohol use;
(8) physical or developmental disabilities;
(9) evidence of physical trauma;
(10) a determination of the need for medical detoxification from alcohol or other substances or mental health services; and
(11) the resident's weight.
(b) Referral for Assessment. If the health screening indicates that a resident is in need of further medical evaluation, the resident shall be referred to a health care professional for further assessment within 24 hours, excluding holidays and weekends, from the date and time of the completed screening.
(c) Mandatory Health Assessment. If a resident has not had a health assessment by a health care professional within the last 12 months immediately preceding admission into the facility, the resident shall be given a health assessment by a health care professional within 30 calendar days after admission into the facility.
(d) Communication of Results of Screening and Assessment. The results of the health screening and health assessment shall be communicated to appropriate staff.
(e) Contagious or Infectious Disease. Any finding of the health screening that indicates a significant potential health risk to the staff or residents from a contagious or infectious disease shall be immediately reported to the facility administrator or the acting facility administrator, and the affected resident shall be placed in medical isolation until proper medical clearance is obtained.
§343.408.Personal Hygiene.
Residents shall be required to surrender their clothing and to shower upon admission into the facility.
§343.410.Personal Property.
A resident's personal property shall be collected, inventoried, and securely stored while the resident is housed in the facility. Documentation that is signed by the resident and the juvenile supervision officer shall be maintained in the resident's file.
§343.412.Orientation.
(a) Each resident shall be provided a verbal orientation within 12 hours of admission into the facility.
(b) The verbal orientation shall include an explanation of the facility's:
(1) procedures to access health care and services available;
(2) program rules with corresponding and maximum disciplinary sanctions;
(3) grievance policies and procedures;
(4) procedures to access mental health care and services available; and
(5) information required by the Prison Rape Elimination Act of 2003 including:
(A) prevention and intervention;
(B) self-protection;
(C) reporting sexual abuse and assault; and
(D) treatment and counseling;
(6) information regarding the reporting of suspected abuse, neglect or exploitation of a child in a juvenile justice facility; and
(7) policy that states the resident is ensured the right of confidentiality with regard to the items included in subsection (b)(3), (5) and (6) of this section and will not face reprisal for participating in the procedures included in these items.
(c) If the resident is not sufficiently fluent in English, arrangements shall be made to provide the resident with an orientation in the resident's primary language within 48 hours of admission.
(d) When a literacy problem prevents a resident from understanding written rules, a staff member or translator shall assist the resident within 48 hours of admission.
(e) Each resident shall be provided a written copy of the orientation materials upon completion of the orientation process.
§343.414.Behavioral Screening.
Prior to placing a resident into a housing unit, the resident shall be screened for potential vulnerabilities or tendencies of acting out with sexually aggressive or assaultive behavior. Housing assignments shall be made accordingly.
§343.416.Classification Plan.
All facilities with more than 1 housing unit shall have a classification plan that takes, at least, the following into account:
(1) age;
(2) gender;
(3) offense;
(4) behavior; and
(5) any other special conditions.
§343.418.Admission Records.
The facility shall have the following information which shall be obtained at the time the resident is admitted into the facility:
(1) date and time of entry;
(2) date and time of admission;
(3) name;
(4) nicknames and aliases;
(5) social security number;
(6) current address;
(7) detention criteria as required by the §53.02(b) of the Texas Family Code;
(8) referring offense;
(9) name of attorney;
(10) name, title, and signature of delivering individual;
(11) gender;
(12) race;
(13) date of birth;
(14) place of birth;
(15) citizenship;
(16) current education level;
(17) last school attended;
(18) name, relationship, address, and phone number of parents, legal guardians, or custodians; and
(19) primary language of the resident and the resident's parent, legal guardian or custodian.
§343.420.Format and Maintenance of Records.
(a) Resident records shall be maintained in a uniform format for identifying and separating files.
(b) Each facility shall have written policies and procedures to ensure the confidentiality of resident files.
§343.422.Content of Resident Records.
Each resident's record shall include the following:
(1) the offense narrative, arrest warrant or directive to apprehend;
(2) the inventory of cash and property surrendered;
(3) the list of approved visitors;
(4) the name of the assigned probation officer;
(5) the behavioral record, including any special incidents, discipline, or grievances;
(6) the referrals to other agencies; and
(7) the final release or transfer report.
§343.424.Housing Records.
For each housing unit in the facility, the following documentation shall be maintained:
(1) a daily chronological log or electronic record documenting the resident's or housing unit's activity that identifies the juvenile supervision officers supervising the residents;
(2) a daily report of admissions and releases; and
(3) a population roster compiled as of 5:00 a.m. each day that shall include at a minimum:
(A) the date and time the roster was compiled;
(B) the name of all residents in the facility;
(C) the gender of all residents in the facility;
(D) the housing assignment location (e.g., the location where the resident sleeps) of all residents in the facility; and
(E) the numerical total of the resident population for each day.
§343.426.Release Procedures.
Prior to the release of a resident from the facility, the authorized officer shall:
(1) verify the identity of the person receiving custody;
(2) verify the release authorization documents;
(3) secure a signed release by the individual receiving the resident's personal property;
(4) provide information to a parent, legal guardian or custodian regarding:
(A) all medication prescribed while the resident was in the facility that the resident is currently taking, and the name and contact information of the prescribing physician;
(B) any pending medical, mental health, or dental appointments; and
(C) any present concerns regarding the resident; and
(5) secure a receipt signed by person receiving custody.
§343.428.Resident Supervision.
A juvenile supervision officer may provide resident supervision if they:
(1) are currently certified as a juvenile supervision officer; or
(2) have been employed by the facility less than 180 calendar days;
(A) have passed the competency evaluation exam as detailed in Chapter 344 of this title; and
(B) have completed a minimum of 40 hours of training, which shall include the mandatory topics as outlined in Chapter 344 of this title, as well as certification in CPR, first aid, and a physical restraint technique approved by the Commission.
§343.430.Minimum Facility Supervision.
At least two (2) juvenile supervision officers shall be on duty at any time the facility has a resident. At least 1 of the officers shall be certified.
§343.432.Gender Supervision Requirement.
(a) If residents of both genders are housed within the facility, juvenile supervision officers of both genders shall be on duty and available to the residents for every shift.
(b) A juvenile supervision officer of one gender shall be prohibited from supervising and visually observing a resident of the opposite gender during showers, physical searches (i.e., strip searches), disrobing of residents (suicidal or not) or when personal hygiene practice (i.e., onset of menstrual cycle, etc.) requires the presence of a juvenile supervision officer of the same gender.
(c) Juvenile supervision 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 supervision officer of the same gender.
§343.434.Facility-Wide Ratio.
The facility-wide juvenile supervision officer-to-resident ratio shall not be less than:
(1) one (1) juvenile supervision officer to every 8 residents during program hours; and
(2) one (1) juvenile supervision officer to every eighteen residents during non-program hours.
§343.436.Supervision Ratio--SOHU.
In a single occupancy housing unit (SOHU), the juvenile supervision officer-to-resident ratio shall not be less than:
(1) one (1) juvenile supervision officer to every twelve residents during program hours; and
(2) one (1) juvenile supervision officer to every 24 residents during non-program hours.
§343.438.Level of Supervision--SOHU.
(a) Program Hours. While residents are located in a single occupancy housing unit, they shall be in constant physical presence of a juvenile supervision officer unless they are placed in their individual sleeping quarters during shift change, in which case, a juvenile supervision officer shall observe and document each resident's behavior at random intervals not to exceed 15 minutes.
(b) Non-Program Hours. During non-program hours, in a single occupancy housing unit, a juvenile supervision officer shall visually observe each resident at random intervals not to exceed 15 minutes.
(c) Juvenile supervision officers shall document each visual observation made. The documentation shall include the time of the observation and generally describe the resident's behavior.
§343.440.Supervision Ratio--MOHU.
Multiple occupancy housing units (MOHU) shall maintain a juvenile supervision officer to resident ratio of no less than one juvenile supervision officer to every eight residents in the housing unit.
§343.442.Level of Supervision--MOHU.
(a) For multiple occupancy housing units designed and operated after June 5, 2001, during 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 supervision officer.
(b) If juvenile supervision 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 supervision officers shall document general observations of dorm activity at intervals not to exceed 30 minutes.
§343.444.Supervision On and Off Premises of Facility.
(a) On-Premises Supervision. Subject to §343.436 of this chapter, residents participating in any programming or activities on the facility premises, but outside of a single or multiple occupancy housing unit, shall be in the constant physical presence of a juvenile supervision officer at all times.
(b) Required Ratio. There shall be at least one (1) juvenile supervision officer to every twelve (12) residents participating in the program or activity.
(c) Off-Premises Supervision. A facility shall have written policies and procedures that establish specific resident supervision practices for residents allowed to temporarily leave the secure confines of the facility or the facility's secure grounds. The policies and procedures shall minimally include:
(1) designations of which staff may supervise youth off-premises;
(2) gender-specific requirements;
(3) staff-to-resident ratios when more than one resident is involved;
(4) personnel authorized to use approved restraint practices; and
(5) staff training requirements.
(d) The established policies and procedures shall be written to adequately provide an appropriate level of protection for the public and involved staff and residents.
(e) Exceptions. This standard does not apply to furlough and formal discharge.
(f) If a juvenile probation officer transports a resident off the facility premises, the juvenile probation officer must be currently certified in CPR, First Aid and, if authorized to use, a Commission-approved personal restraint technique.
§343.446.Exceptions to General Levels of Supervision.
A resident shall be in the constant physical presence of a juvenile supervision officer with exception of the following:
(1) Small Groups. No more than three (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 supervision officer shall provide constant visual supervision of any small group between four (4) and eight (8) residents when those residents are working with a licensed or certified mental health professional as defined by §343.100(28) of this chapter.
(3) Visitation. Private visitation between one (1) resident and an attorney, authorized visitor, or clergy does not require the constant physical presence of a juvenile supervision officer.
§343.448.Primary Control Room.
A juvenile supervision officer stationed in and assigned to the facility's primary control room(s) shall not count toward meeting any required supervision ratios, the facility-wide ratio or the minimum requirements under §343.430 of this chapter.
§343.450.Single Occupancy Housing Units--SOHU.
(a) Single occupancy housing units shall be constructed to contain no more than 24 beds in each housing unit.
(b) Individual resident sleeping quarters shall be utilized as single occupancy only; and, at no time, may more than one (1) resident be placed in an individual resident sleeping quarter.
(c) Individual resident sleeping quarters shall contain a bed above floor level.
§343.452.Spatial Requirements--SOHU.
(a) Individual resident sleeping quarters shall have a minimum ceiling height of 7.5 feet.
(b) Individual resident sleeping quarters shall have a minimum of 60 square feet of floor space.
§343.454.Shower Facilities--SOHU.
All single occupancy housing units shall contain at least one (1) operable shower with hot and cold running water for every ten (10) beds in the housing unit.
§343.456.Toilet Facilities--SOHU.
All single occupancy housing units shall contain at least one (1) operable toilet above floor level for every twelve (12) beds in male housing units and one (1) for every eight (8) beds in female housing units.
(1) For facilities constructed after March 1, 1996, the ratio shall be one (1) toilet for every six (6) beds in the housing unit.
(2) Urinals may be substituted for up to one-half of the toilets in housing units permanently designed as all-male units.
§343.458.Washbasin Requirements--SOHU.
All single occupancy housing units constructed and in operation on or after September 1, 2003, shall contain a washbasin with hot and cold running water.
§343.460.Drinking Fountain--SOHU.
All single occupancy housing units shall contain a drinking fountain.
§343.462.Pre-Assignment Screening Process--MOHU.
Residents shall not be admitted into multiple occupancy housing units directly from the intake process. Classification, screening, and behavioral observation shall occur for at least 72 hours before the decision is made to admit the resident into a multiple occupancy housing unit.
§343.464.Administrative Approval--MOHU.
The placement of any resident into a multiple occupancy housing unit shall be approved by the facility administrator or the acting facility administrator.
§343.468.Classification Plan--MOHU.
Facilities with multiple occupancy housing units shall have a written classification plan that determines how residents are grouped in housing units. Residents shall, at a minimum, be classified for grouping by age and gender.
§343.470.Eligibility Criteria--MOHU.
(a) A formalized (e.g., written) and objective (e.g., scored and weighted) classification assessment shall be completed prior to a resident being assigned to a MOHU. The classification assessment process shall minimally include a review and weighting of the following criteria:
(1) Physical health--A review of all available health documentation in the facility staffs' possession with an emphasis on assessing any diagnosed or suspected infectious or contagious diseases;
(2) Mental health--A review of all available mental health documentation in the facility staffs' possession with an emphasis on assessing mental health or mental illness diagnoses that could be exacerbated by, or that would not be conducive to, multiple occupancy housing settings;
(3) Sexual behavior--An assessment of the resident's potential to be sexually abused by other residents and his or her potential to be sexually abusive;
(4) Aggressive or assaultive behaviors--An assessment of resident's history of, or propensity for, aggressive (both verbal and physical) and assaultive behaviors. This assessment shall minimally include a review of the resident's formal referral history (both alleged and disposed charges) as well as institutional behavior records;
(5) Susceptibility to acts of peer abuse, harassment and exploitation--This shall minimally include an assessment of a resident's physical stature, emotional maturity, enemies of record, and social functioning information;
(6) Institutional behavior or discipline records--This assessment shall include a review of a resident's behavior records for the current term of detention as well as any available behavior records from previous institutional custody periods provided by the assessing jurisdiction; and
(7) Special needs or circumstances that may compromise the resident's, or other MOHU residents', physical safety and successful service delivery processes.
(b) The completed classification assessment document shall include an objective assessment score or recommendation for or against a MOHU assignment, the date the assessment process was completed, the signature of the person completing the assessment, and the signature of the supervisory level staff that reviewed and approved the assessment.
§343.472.Multiple Occupancy Housing Units--MOHU.
(a) The utilization of multiple occupancy housing units shall have prior written approval and authorization from the governing board of the facility.
(b) Sections 343.462, 343.464, 343.468, 343.470, 343.472, 343.474, 343.476, 343.478, 343.480 and 343.482 of this chapter apply only to multiple occupancy housing units designed and operating as such on or after June 5, 2001.
(c) Multiple occupancy housing units shall be designed to contain no more than eight (8) beds in each housing unit.
(d) The capacity of multiple occupancy housing units shall not exceed 25 percent of the design capacity of the facility.
(e) Multiple occupancy housing units shall have one (1) bed above floor level for every resident assigned to the unit.
(f) Multiple occupancy housing units shall contain residents of the same gender.
§343.474.Spatial Requirements--MOHU.
(a) Multiple occupancy housing units shall have a minimum ceiling height of 7.5 feet.
(b) Multiple occupancy housing units shall have a minimum of 35 square feet of unencumbered floor space per bed in the housing unit.
§343.476.Shower Facilities--MOHU.
All multiple occupancy housing units shall contain at least one (1) operable shower with hot and cold running water for every eight (8) beds in the housing unit.
§343.478.Toilet Facilities--MOHU.
All multiple occupancy housing units shall contain at least one (1) operable toilet above floor level for every four (4) beds in the housing unit.
§343.480.Washbasin Requirements--MOHU.
All multiple occupancy housing units shall contain at least one (1) washbasin with hot and cold running water.
§343.482.Drinking Fountain--MOHU.
All multiple occupancy housing units shall contain a drinking fountain.
§343.484.Exercise and Common Activity Areas.
(a) Exercise Area. 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.
§343.486.Program Hours.
Each facility shall have a daily written program schedule outlining the stated activities during program hours.
(1) Each resident shall be provided a minimum of ten (10) hours of structured and unstructured activities.
(2) Exceptions. Residents who are in disciplinary seclusion, room restriction, protective isolation, medical isolation, or assessment isolation may receive modification to their respective program day.
(3) The facility shall maintain documentation of any program schedule deviation or modification.
§343.488.Educational Program.
(a) The facility administrator shall ensure that there is an educational program that requires all residents to participate. The educational program provided shall be administered in accordance with rules adopted by the Texas Education Agency (TEA).
(b) The facility administrator shall ensure that the education provider has access to residents so that the educational program is afforded to all residents, in accordance with rules adopted by the Texas Education Agency (TEA).
§343.489.Educational Curriculum.
Students shall be provided coursework that is aligned with the Texas Essential Knowledge and Skills, in accordance with rules adopted by the Texas Education Agency (TEA).
§343.490.Instructional Days.
The facility administrator shall ensure that the educational program provides for at least 180 days of instruction unless a waiver has been granted by the Texas Education Agency for fewer days or the number of educational days coincides with the local school district calendar.
§343.491.Special Education.
(a) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities are provided a free and appropriate public education (FAPE) as determined by the Admission, Review and Dismissal (ARD) committee in order to meet the individual educational needs of the student as defined by federal and state laws.
(b) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities have available an instructional day commensurate with that of students without disabilities, in accordance with requirements contained in 19 TAC §89.1075(d).
(c) The facility administrator or designee shall send notification of a student placement in a residential facility to the LEA as required by §29.012 of the Texas Education Code and shall retain documentation of this notice.
§343.492.Educational Space.
The facility administrator shall ensure that educational space is adequate to meet the instructional requirements for each resident.
§343.493.Educational Staff Safety.
All permanent educational staff, excluding temporary substitutes, shall receive a facility orientation prior to performing instructional duties. Orientation shall include:
(1) security procedures;
(2) emergency procedures;
(3) behavior management system and prohibited sanctions; and
(4) reporting abuse, neglect and exploitation.
§343.494.Supervision During Educational Program.
Educational staff shall not be counted in staff-to-resident ratios.
§343.496.Reading Materials.
Age-appropriate reading materials shall be available to all residents.
§343.498.Recreation and Exercise.
(a) Supplies. Recreational equipment and supplies shall be provided to the residents.
(b) The recreational schedule shall offer the following programming:
(1) Large Muscle Exercise. At least one (1) hour of large muscle exercise shall be scheduled each day.
(2) Open Recreational Activity. At least one (1) hour of open recreational activity shall be scheduled each day.
(c) Exceptions. A resident's recreational schedule may be altered under the following conditions:
(1) participation by a resident is contra-indicated for medical reasons;
(2) a resident is in disciplinary seclusion, room restriction, protective isolation, medical isolation, or assessment isolation;
(3) the resident has a scheduled appointment;
(4) extenuating circumstances exist that impede the recreational schedule; or
(5) the resident presents an imminent danger to self or others. Utilization of this provision shall require the written approval of the facility administrator or the acting facility administrator.
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 12, 2009.
TRD-200900141
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§343.600, 343.602, 343.604, 343.606, 343.608, 343.610, 343.612, 343.614, 343.616, 343.618, 343.620, 343.622, 343.624, 343.626, 343.628, 343.630, 343.632, 343.634, 343.636, 343.638, 343.640, 343.642, 343.644, 343.646, 343.648, 343.650, 343.652, 343.654, 343.656, 343.658, 343.660, 343.662, 343.664, 343.666, 343.668, 343.670 - 343.678, 343.680, 343.686, 343.688, 343.690, 343.700, 343.702, 343.704, 343.706, 343.708, 343.710, 343.712
These standards are proposed under §141.042 of the Texas Human Resources Code, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by this new chapter.
§343.600.Required Pre-Admission Records.
Prior to a resident's admission, the facility shall receive the following 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, or behavioral health assessment (as defined in the CRM), completed within 365 calendar days prior to the resident's admission date;
(3) a signed disposition order or TYC commitment order;
(4) a current immunization record;
(5) a medical examination that was completed within 30 calendar days prior to the resident's admission date;
(6) documentation that a tuberculosis test was administered and results were received no more than 365 calendar days prior to admission;
(7) a dental evaluation that was completed within 30 calendar days prior to the resident's admission date;
(8) services needed for the disabled;
(9) primary language of the resident and the resident's parent, legal guardian or custodian; and
(10) school records.
§343.602.Intake and Admission.
(a) Pre-Admission Assessment. Each facility shall have written policies and procedures addressing the admission of juveniles who are in need of emergency medical care due to injury, illness or intoxication or who are in need of mental health services.
(1) Anyone presented for admission into the facility and is in need of emergency medical care due to injury, illness or intoxication or is in need of mental health intervention shall not be admitted into the facility.
(2) The referring person shall be directed to a health care facility to have the individual evaluated and treated.
(3) Subsequent admission into the facility is contingent upon written medical clearance provided by a health care or mental health professional.
(b) Intoxicated or Chemically-Impaired Individuals. Each facility shall have written policies and procedures addressing intoxicated or chemically-impaired juveniles being admitted into the facility and their need for specialized supervision.
(c) Intoxicated or chemically-impaired individuals who have been medically cleared for admission should be placed under medical isolation in accordance with §343.338 of this chapter.
§343.604.Health Screening and Assessment.
(a) Health Screening. A health screening shall be conducted on each resident within two (2) hours of admission by either a health care professional or an individual who has received specific training on administering the facility's health screening procedure. The health screening instrument shall include:
(1) mental health problems;
(2) suicide risk in accordance with the facility's suicide prevention plan's screening methodology;
(3) current state of health including:
(A) allergies;
(B) tuberculosis;
(C) other chronic conditions;
(D) sexually transmitted diseases;
(E) other infectious diseases; and
(F) history of gynecological problems or pregnancies;
(4) current use of medication including type, dosage and prescribing physician;
(5) visual observation of teeth and gums and notation of any obvious dental problems;
(6) vision problems;
(7) drug and alcohol use;
(8) physical and developmental disabilities;
(9) evidence of physical trauma; and
(10) a determination of the need for medical detoxification from alcohol or other substances or mental health intervention.
(b) Referral for Assessment. If the health screening indicates that a resident is in need of further medical evaluation, the resident shall be referred to a health care professional for further assessment within 24 hours, excluding holidays and weekends, from the date and time of the completed screening.
(c) Communication of Results of Screening and Assessment. The results of the health screening and health assessment shall be communicated to appropriate staff.
(d) Contagious or Infectious Disease. Any finding of the health screening that indicates a significant potential health risk to the staff or residents from a contagious or infectious disease shall be reported immediately to the facility administrator or the acting facility administrator, and the affected resident shall be placed in medical isolation until proper medical clearance is obtained.
(e) Intra-Jurisdictional Custodial Transfer. For intra-jurisdictional custodial transfer of residents, the only items required for the health screening at admission into a post-adjudication secure correctional facility are items enumerated in subsection (a)(2) and (9) of this section.
§343.606.Orientation.
(a) Each resident shall be provided a verbal orientation within twelve (12) hours of admission into the facility.
(b) The verbal orientation shall include an explanation of the facility's:
(1) procedures to access health care and services available;
(2) program rules with corresponding and maximum disciplinary sanctions;
(3) grievance policies and procedures;
(4) procedures to access mental health care and services available; and
(5) information required by the Prison Rape Elimination Act of 2003 including:
(A) prevention and intervention;
(B) self-protection;
(C) reporting sexual abuse and assault; and
(D) treatment and counseling;
(6) information regarding the reporting of suspected abuse, neglect or exploitation of a child in a juvenile justice facility; and
(7) information stating that the resident is ensured the right of confidentiality with regard to the items included in paragraphs (b)(3), (5), and (6) of this subsection and will not face reprisal for participating in the procedures included in these items.
(c) If the resident is not sufficiently fluent in English, arrangements shall be made to provide the resident with an orientation in the resident's primary language within 48 hours of admission.
(d) When a literacy problem prevents a resident from understanding written rules, a staff member or translator shall assist the resident within 48 hours.
(e) Each resident shall be provided a written copy of the orientation materials upon completion of the orientation process.
§343.608.Classification Plan.
All facilities with more than one (1) housing unit shall have a classification plan that takes into account at least the following:
(1) age;
(2) gender;
(3) offense;
(4) behavior; and
(5) any other special conditions.
§343.610.Classification Plan--Segregation.
The classification plan 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.
§343.612.Admission Records.
The facility shall obtain and record the following information at the time the resident is admitted into the facility:
(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) gender;
(10) race;
(11) date of birth;
(12) citizenship;
(13) place of birth;
(14) name, relationship, address, and phone number of parents, legal guardians, or custodians; and
(15) primary language of resident and resident's parent, legal guardian, or custodian.
§343.614.Format and Maintenance of Records.
(a) Resident records shall be maintained in a uniform format for identifying and separating files.
(b) Each facility shall have written policies and procedures to ensure the confidentiality of resident files.
§343.616.Content of Resident Records.
Each resident's record shall include the following:
(1) delinquent history;
(2) inventory of cash and property surrendered;
(3) list of approved visitors;
(4) name of the assigned probation officer;
(5) behavioral record, including any special incidents, discipline, or grievances;
(6) progress reports; and
(7) final release and transfer report.
§343.618.Housing Records.
For each housing unit in the facility, the following documentation shall be maintained:
(1) a daily chronological log or electronic record documenting the resident's or housing unit's activity that identifies the juvenile supervision officers supervising the residents;
(2) a daily report of admissions and releases; and
(3) a population roster compiled as of 5:00 a.m. each day that shall include, at a minimum:
(A) the date and time the roster was compiled;
(B) the name of all residents in the facility;
(C) the gender of all residents in the facility;
(D) the housing assignment location (i.e., the location where the resident sleeps) of all residents in the facility; and
(E) the numerical total of the resident population for each day.
§343.620.Release Procedures.
Prior to the release of each resident from the facility, the authorized officer shall:
(1) verify the identity of the person receiving custody;
(2) verify the release authorization documents;
(3) secure a signed release by the individual receiving the resident's personal property;
(4) provide information to a parent, legal guardian or custodian regarding:
(A) all medication prescribed while the resident was in the facility that the resident is currently taking, and the name and contact information of the prescribing physician;
(B) any pending medical, mental health, or dental appointments; and
(C) any present concerns regarding the resident;
(5) secure a receipt signed by person receiving custody.
§343.622.Resident Supervision.
A juvenile supervision officer may provide resident supervision if they:
(1) are currently certified as a juvenile supervision officer; or
(2) have been employed by the facility less than 180 calendar days, and:
(A) have passed the competency evaluation exam as detailed in Chapter 344 of this title; and
(B) have completed a minimum of 40 hours of training, which shall include the mandatory topics as outlined in Chapter 344 of this title as well as certification in CPR, first aid, and a physical restraint technique approved by the Commission.
§343.624.Minimum Facility Supervision.
At least two (2) juvenile supervision officers shall be on duty at any time the facility has a resident. At least one (1) of the officers shall be certified.
§343.626.Gender Supervision Requirement.
(a) If residents of both genders are housed within the facility, juvenile supervision officers of both genders shall be on duty and available to the residents for every shift.
(b) A juvenile supervision officer of one gender shall be prohibited from supervising and visually observing a resident of the opposite gender during showers, physical searches (i.e., strip searches), disrobing of residents (suicidal or not) or when personal hygiene practice (e.g., onset of menstrual cycle, etc.) requires the presence of a juvenile supervision officer of the same gender.
(c) Juvenile supervision 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 supervision officer of the same gender.
§343.628.Facility-Wide Ratio.
The facility-wide juvenile supervision officer-to-resident ratio shall not be less than:
(1) one (1) juvenile supervision officer to every 8 residents during program hours;
(2) one (1) juvenile supervision officer to every 20 residents during non-program hours; and
(3) one (1) juvenile supervision officer to every 18 residents during non-program hours if a post-adjudication facility is located in the same building as a pre-adjudication facility.
§343.630.Supervision Ratio.
The juvenile supervision officer to resident ratio shall not be less than:
(1) one (1) juvenile supervision officer to every 12 residents during program hours;
(2) one (1) juvenile supervision officer to every 24 residents during non-program hours.
§343.632.Level of Supervision--SOHU.
(a) Program Hours. While residents are located in a single occupancy housing unit, they shall be in constant physical presence of a juvenile supervision officer unless they are placed in their individual sleeping quarters during shift change, in which case, a juvenile supervision officer shall observe and document each resident's behavior at random intervals not to exceed 15 minutes.
(b) Non-Program Hours. During non-program hours, in a single occupancy housing unit, a juvenile supervision officer shall visually observe each resident at random intervals not to exceed 15 minutes.
(c) Juvenile supervision officers shall document each visual observation made. The documentation shall include the time of the observation and generally describe the resident's behavior.
§343.634.Level of Supervision--MOHU.
(a) While physically located in a multiple occupancy housing unit (MOHU), residents shall be under the constant visual observation of a juvenile supervision officer during program and non-program hours.
(b) Juvenile supervision officers shall document general observations of dorm activity at intervals not to exceed 30 minutes.
§343.636.Supervision On and Off Premises of Facility.
(a) On-Premises Supervision. Subject to §343.628 of this chapter, residents participating in any programming or activities on the facility premises, but outside of a single or multiple occupancy housing unit, shall be in the constant physical presence of a juvenile supervision officer at all times.
(b) Required Ratio. There shall be at least one juvenile supervision officer to every twelve residents participating in the program or activity.
(c) Off-Premises Supervision. A facility shall have written policies and procedures that establish specific resident supervision practices for residents allowed to temporarily leave the secure confines of the facility or the facility's secure grounds. The policies and procedures shall minimally include:
(1) applicable staff designations (i.e., which staff may supervise youth off site);
(2) gender-specific requirements;
(3) staff-to-resident ratios when more than one resident is involved;
(4) personnel authorized to use approved restraint practices; and
(5) staff training requirements.
(d) The established policies and procedures shall be written to adequately provide an appropriate level of protection for the public and involved staff and residents.
(e) Exceptions. This standard does not apply to furlough and formal discharge.
§343.638.Exceptions to General Levels of Supervision.
A resident shall be in the constant physical presence of a juvenile supervision officer with exception of the following:
(1) Small Groups. No more than three (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 supervision officer shall provide constant visual supervision of any small group between four (4) and eight (8) residents when those residents are working with a licensed or certified mental health professional as defined by §343.100(28) of this chapter.
(3) Visitation. Private visitation between one (1) resident and an attorney, authorized visitor, or clergy does not require the constant physical presence of a juvenile supervision officer.
§343.640.Primary Control Room.
A juvenile supervision officer stationed in and assigned to the facility's primary control room(s) shall not count toward meeting any required supervision ratios, the facility-wide ratio or the minimum requirements under §343.624 of this chapter.
§343.642.Single Occupancy Sleeping Units--SOHU.
(a) Single occupancy housing units shall be constructed to contain no more than 24 beds in each housing unit.
(b) Individual resident sleeping quarters shall be utilized as single occupancy only; and at no time, may more than one (1) resident be placed in an individual resident sleeping quarter.
(c) Individual resident sleeping quarters shall contain a bed above floor level.
§343.644.Spatial Requirements--SOHU.
(a) Individual resident sleeping quarters shall have a minimum ceiling height of 7.5 feet.
(b) Individual resident sleeping quarters shall have a minimum of 60 square feet of floor space.
§343.646.Shower Facilities--SOHU.
All single occupancy housing units shall contain at least one (1) operable shower with hot and cold running water for every ten (10) beds in the housing unit.
§343.648.Toilet Facilities--SOHU.
All single occupancy housing units shall contain at least one (1) operable toilet above floor level for every twelve (12) beds in male housing units and one (1) for every eight (8) beds in female housing units.
(1) For facilities constructed after March 1, 1996, the ratio shall be one (1) toilet for every six (6) beds in the housing unit.
(2) Urinals may be substituted for up to one-half of the toilets in housing units permanently designed as all-male units.
§343.650.Washbasin Requirements--SOHU.
All single occupancy housing units constructed and in operation on or after September 1, 2003, shall contain a washbasin with hot and cold running water.
§343.652.Drinking Fountain--SOHU.
All single occupancy housing units shall contain a drinking fountain.
§343.654.Multiple Occupancy Housing Units--MOHU.
(a) Multiple occupancy housing units shall be constructed to contain no more than 24 beds in each housing unit.
(b) Multiple occupancy housing units shall have one (1) bed above floor level for every resident assigned to the unit.
(c) Multiple occupancy housing units shall contain residents of the same gender.
(d) If bunk beds are utilized, they shall not exceed two (2) levels.
§343.656.Spatial Requirements--MOHU.
(a) Multiple occupancy housing units shall have a minimum ceiling height of seven and 7.5 feet.
(b) Multiple occupancy housing units shall have a minimum of 35 square feet of unencumbered floor space per bed in the housing unit.
§343.658.Shower Facilities--MOHU.
All multiple occupancy housing units shall contain at least one (1) operable shower with hot and cold running water for every ten (10) beds in the housing unit.
§343.660.Toilet Facilities--MOHU.
All multiple occupancy housing units shall contain at least one (1) operable toilet above floor level for every twelve beds in male housing units and one (1) for every eight (8) beds in female housing units.
(1) For facilities constructed after March 1, 1996, the ratio shall be one (1) toilet for every six (6) beds in the housing unit.
(2) Urinals may be substituted for up to one-half of the toilets in housing units permanently designed as all-male units.
§343.662.Washbasin Requirements--MOHU.
All multiple occupancy housing units constructed and in operation on or after September 1, 2003, shall contain a washbasin with hot and cold running water.
§343.664.Drinking Fountain--MOHU.
All multiple occupancy housing units shall contain a drinking fountain.
§343.666.Exercise and Day Room Areas.
(a) Exercise Areas. The facility shall provide an area for an indoor and outdoor exercise.
(b) Day Rooms.
(1) Day rooms shall provide a minimum of 35 square feet of space for every resident using the day room at one time, excluding lavatories, showers, and toilets.
(2) Day rooms shall provide sufficient seating and writing surfaces for every resident using the day room at one time.
§343.668.Program Hours.
Each facility shall have a daily written program schedule outlining the stated activities during program hours.
(1) Each resident shall be provided a minimum of ten (10) hours of structured and unstructured activities.
(2) Exceptions. Residents who are in disciplinary seclusion, room restriction, protective isolation, medical isolation, or assessment isolation may receive modification to their respective program day.
(3) The facility shall maintain documentation of any program schedule deviation or modification.
§343.670.Educational Program.
(a) The facility administrator shall ensure that there is an educational program that requires all residents to participate. The educational program provided shall be administered in accordance with rules adopted by the Texas Education Agency (TEA).
(b) The facility administrator shall ensure that the education provider has access to residents so that the educational program is afforded to all residents, in accordance with rules adopted by the Texas Education Agency (TEA).
§343.671.Educational Curriculum.
Students shall be provided coursework that is aligned with the Texas Essential Knowledge and Skills, in accordance with rules adopted by the Texas Education Agency (TEA).
§343.672.Instructional Days.
The facility administrator shall ensure that the educational program provides for at least 180 days of instruction unless a waiver has been granted by the Texas Education Agency for fewer days or the number of educational days coincides with the local school district calendar.
§343.673.Special Education.
(a) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities are provided a free and appropriate public education (FAPE) as determined by the Admission, Review and Dismissal (ARD) committee in order to meet the individual educational needs of the student as defined by federal and state laws.
(b) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities have available an instructional day commensurate with that of students without disabilities, in accordance with requirements contained in 19 TAC §89.1075(d).
(c) The facility administrator or designee shall send notification of a student placement in a residential facility to the LEA as required by §29.012 of the Texas Education Code and shall retain documentation of this notice.
§343.674.Educational Space.
The facility administrator shall ensure that educational space is adequate to meet the instructional requirements for each resident.
§343.675.Educational Staff Safety.
All permanent educational staff, excluding temporary substitutes, shall receive a facility orientation prior to performing instructional duties. Orientation shall include:
(1) security procedures;
(2) emergency procedures;
(3) behavior management system and prohibited sanctions; and
(4) reporting abuse, neglect and exploitation.
§343.676.Supervision During Educational Program.
Educational staff shall not be counted in staff-to-resident ratios.
§343.677.Vocational Training Program.
The facility administrator shall ensure that a vocational training program offered to residents, that is not administered by the school and through which no academic credit is gained, is administered by appropriately qualified persons to provide instruction or mentoring in the vocational skills.
§343.678.Reading Materials.
Age-appropriate reading materials shall be available to all residents.
§343.680.Recreation and Exercise.
(a) Supplies. Recreational equipment and supplies shall be provided for use by residents.
(b) The recreational schedule shall offer the following programming:
(1) Large Muscle Exercise. At least one (1) hour of large muscle exercise shall be scheduled each day.
(2) Open Recreational Activity. At least one (1) hour of open recreational activity shall be scheduled each day.
(c) Exceptions. A resident's recreational schedule may be altered under the following conditions:
(1) participation by a resident is contra-indicated for medical reasons;
(2) a resident is in disciplinary seclusion, room restriction, protective isolation, medical isolation, or assessment isolation;
(3) the resident has a scheduled appointment;
(4) extenuating circumstances exist that impede the recreational schedule; or
(5) the resident presents an imminent danger to self or others. Utilization of this provision shall require the written approval of the facility administrator or the acting facility administrator.
§343.686.Rehabilitative Services.
The social services program shall provide for the availability of:
(1) professional counseling services (individual and group);
(2) substance abuse prevention education; and
(3) HIV/AIDS prevention education.
§343.688.Residential Case Plan.
(a) The initial case plan shall be completed no later than 30 calendar days from the resident's date of placement.
(b) The case plan shall contain written documentation acknowledging that the plan was developed in consultation with the resident, the resident's parent, legal guardian or custodian, and the supervising juvenile probation officer.
(c) The case plan shall contain specific goals for at least the following nine domains:
(1) medical and dental;
(2) safety and security;
(3) recreational;
(4) educational;
(5) mental and behavioral health;
(6) relationship;
(7) socialization;
(8) permanency; and
(9) parent and child participation.
(d) The case plan shall be signed by the resident, the resident's parent, legal guardian or custodian, the facility's designee and the supervising juvenile probation officer.
(e) The date of the facility designee's signature on the case plan shall be the case plan completion date.
(f) The case plan shall be retained in the resident's case file with written documentation verifying that copies were provided to the resident, the resident's parent, legal guardian or custodian and the supervising juvenile probation officer.
§343.690.Residential Case Plan Review.
(a) Case plans shall be reviewed ninety (90) calendar days from the date of completion of the initial case plan or case plan review and every ninety (90) calendar days thereafter.
(b) The case plan review shall contain written documentation acknowledging that the review was conducted in consultation with the resident, the resident's parent, legal guardian or custodian, and the supervising juvenile probation officer.
(c) The case plan review shall discuss the extent of the juvenile's progress towards achieving the goals identified in the previous case plan or case plan review.
(d) The case plan review shall document any newly indentified needs, goals, and interventions for the juvenile and the juvenile's family.
(e) The case plan review shall be signed by the resident, the resident's parent, legal guardian, or custodian, the facility's designee and the supervising juvenile probation officer.
(f) The date of the facility designee's signature on the case plan review shall be the case plan review completion date.
(g) The case plan review shall be retained in the resident's case file with written documentation verifying that copies were provided to the resident, the resident's parent, legal guardian or custodian, and the supervising juvenile probation officer.
§343.700.Physical Training Program.
Sections 343.700 - 343.714 of this chapter apply to those facilities that have a physical training program.
§343.702.Governing Board Approval.
Facilities that utilize a physical training program shall have written authorization from the governing board prior to operation.
§343.704.Pre-Admission Requirements.
Prior to admitting a resident into the facility, the following documentation shall be reviewed by the facility administrator or designee:
(1) a medical release signed and dated by a physician approving the resident's participation in the facility's physical training program;
(2) the physician's acknowledgement of the components of the physical training program; and
(3) a psychological evaluation, or behavioral health assessment (as defined in the CRM), which should indicate in writing the appropriateness for the child's placement at the facility based on the needs and/or limitations of the child (i.e., mental illness, history of abuse, etc.).
§343.706.Physical Training Program Plan.
The facility shall have a written physical training program plan developed in consultation with the facility's health service authority and approved by the governing board. The plan shall include:
(1) a physical fitness screening tool that addresses whether the resident has the physical capability to fully participate in the physical training program. The tool shall be selected or developed by the facility administrator or designee;
(2) a curriculum that addresses the specific types of exercises authorized to be used within the program. The curriculum shall:
(A) define the time limitations of the individual exercises used in the physical training program; and
(B) define the set number of repetitions of each exercise per session;
(3) specific minimal criteria to determine when outdoor weather conditions are too extreme or dangerous for physical training. The criteria shall address scheduling changes when necessary to ensure the safety of residents (e.g., seasonal scheduling changes to accommodate for weather patterns);
(4) adjustments for increased dietary allowances in the residents' menu plan to accommodate the need for modified caloric intake and hydration; and
(5) protocols for removal from the program if the resident becomes unfit to participate in the physical training program due to medical or mental health reasons.
§343.708.Injury and Illness.
If the resident is, at any time, deemed unfit to participate in the physical training program due to medical reasons, to return the resident to the program, the facility must obtain a written release signed by a physician indicating that the resident is fit to resume program activities.
§343.710.Disciplinary Sanctions.
The facility shall have written policies and procedures, including guidelines, parameters, and limitations, on the types of physical activity that may be utilized for discipline or refocusing purposes (e.g., physical activities used to discipline for non-compliant behavior or as a substitute for write-ups or disciplinary seclusion).
§343.712.Physical Fitness Screening Tool.
(a) The resident shall not participate in the physical training program until the initial physical fitness screening tool has been completed and evaluated.
(b) Every 30 calendar days, the facility shall administer the physical fitness screening tool to re-evaluate the resident's ability to participate in the physical training program.
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 12, 2009.
TRD-200900142
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§343.800, 343.802, 343.804, 343.806, 343.808, 343.810, 343.812, 343.816, 343.818
These standards are proposed under §141.042 of the Texas Human Resources Code, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by this new chapter.
§343.800.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless otherwise expressly defined in the chapter:
(1) Approved Personal Restraint Technique--A professionally trained, curriculum-based, and competency-based 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. Personal restraint techniques shall first be approved for use by the Commission.
(2) Approved Mechanical Restraint Devices--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. Mechanical restraint devices shall first be approved by the Commission. The following are Commission-approved mechanical restraint devices:
(A) Ankle Cuffs--A metal, cloth, or leather band designed to be fastened around the ankle to restrain free movement of the legs;
(B) Anklets--A 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 wrists or legs to restrain free movement of hands, arms or legs;
(E) Restraint Bed--A professionally manufactured and commercially available bed, or integrated bed attachment(s), specifically designed to facilitate safe human restraint applications;
(F) Restraint Chair--A professionally manufactured and commercially available restraint apparatus specifically designed for safe human restraint. The device's design facilitates the almost complete immobilization of a subject in an upright sitting position by restricting the subject's extremities, upper leg area, and torso through the application of soft-restraints. The apparatus may be fixed or wheeled for re-location;
(G) Waist Belt--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
(H) Wristlets--A cloth or leather band designed to be fastened around the wrist, which may be secured to a waist belt or used in a non-ambulatory mechanical restraint.
(3) Chemical Restraint--The application of a chemical agent on a resident or residents.
(4) Four-Point Restraint--The use of approved mechanical restraint devices applied to each of a resident's wrists and ankles to secure a resident in a supine position to a restraint bed.
(5) Mechanical Restraint--The application of an approved mechanical restraint device which restricts or aids in the restriction of the movement of the whole or a portion of an individual's body to control physical activity.
(6) Non-Ambulatory Mechanical Restraint--A method of prohibiting a resident's ability to stand upright and walk with the use of a combination of approved mechanical restraint devices, cuffing techniques and the subject's body positioning. The four-point restraint and a restraint chair are examples of acceptable non-ambulatory mechanical restraints.
(7) Personal Restraint--The application of physical force alone, restricting the free movement of the whole or a portion of an individual's body to control physical activity.
(8) 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 personal restraint.
(9) 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.
(10) Restraint--The application of an approved personal restraint technique, an approved mechanical restraint device, or a chemical restraint to an individual so as to restrict the individual's freedom of movement or to modify the individual's behavior.
(11) Riot--A situation in which three (3) or more persons in the facility intentionally participate in conduct that constitutes a clear and present danger to persons or property and substantially obstructs the performance of facility operations or a program therein. Rebellion is a form of riot.
(12) Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices or in conjunction with a restraint bed or restraint chair. These devices are designed to reduce the incidence of skin, nerve, and muscle, damage to the restrained subject's extremities.
§343.802.Requirements.
(a) Restraints shall only be used by juvenile supervision and probation officers.
(b) Prior to participating in any restraint, juvenile probation officers and juvenile supervision officers shall be trained in the use of the facility's specific verbal de-escalation policies, procedures, and practices.
(c) Prior to participating in a physical restraint, juvenile probation officers and juvenile supervision officers shall have received training and demonstrated competency in the Commission-approved restraint used by the facility.
(d) Restraints shall only be used in instances of an imminent threat of self injury, injury to others or serious property damage, or to prevent escapes.
(e) Restraints shall only be used as a last resort.
(f) Only the amount of force and type of restraint necessary to control the situation shall be used.
(g) Restraints shall be implemented in such a way as to protect the health and safety of the resident and others.
(h) Restraints shall be terminated as soon as the resident's behavior indicates that the imminent threat of self injury, injury to others, serious property damage, or the threat of escape has subsided.
§343.804.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 an appropriate disciplinary seclusion;
(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 place a resident in a prone or supine position with sustained or excessive pressure on the back, chest, or torso;
(5) restraints that place a resident in a prone or supine position with pressure on the neck or head;
(6) restraints that obstruct the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose;
(7) restraints that interfere with 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.
§343.806.Documentation.
Except as required by §343.818 of this chapter, all restraints shall be fully documented and maintained. Written documentation regarding the use of restraints shall, at a minimum, require:
(1) the name of the resident;
(2) the staff member(s) name and title(s) who administered the restraint;
(3) the date of the restraint;
(4) the duration of each type of restraint, including notation of the time each type of restraint began and ended;
(5) the location of the restraint;
(6) the description of the preceding activities;
(7) the behavior which prompted the initial and the continued restraint of the resident;
(8) the type of restraint(s) applied;
(A) the specific type of personal restraint hold applied;
(B) the any type of mechanical restraint device(s) applied; and
(C) any type of chemical restraint(s) utilized;
(9) de-escalation efforts as well as all restraint alternatives attempted; and
(10) whether or not any injury occurred during the restraint and the description of the injury.
§343.808.Personal Restraint.
In addition to the requirements found in §§343.802, 343.804, and 343.806 of this chapter, the use of personal restraints shall be governed by following criteria:
(1) Personal restraints shall be administered in a manner specific, or consistent, to the approved personal restraint technique adopted by the facility.
(2) Juvenile supervision and probation officers shall be re-trained in the approved personal restraint technique at least every 365 calendar days.
§343.810.Mechanical Restraint.
(a) Requirements.
(1) Only the approved mechanical restraint devices shall be used by a facility.
(2) Mechanical restraint devices shall only be used in a manner consistent with their intended use.
(3) All mechanical restraint devices shall be inspected at least every 365 calendar days, with all faulty or malfunctioning devices restricted from use until they are repaired or replaced.
(4) Mechanical restraints may be used when moving a resident from point to point within the facility. The mechanical restraint shall be terminated upon completion of the resident's relocation.
(b) Prohibitions.
(1) Approved mechanical restraint devices shall not be altered from the manufacturer's design.
(2) A resident shall not be placed in a prone position while restrained in any mechanical restraint for a period of time longer than necessary to apply the restraint device.
(3) A mechanical restraint shall not secure a resident in a prone or supine or lateral position with his or her arms and hands behind the resident's back and secured to the resident's legs.
(4) Approved mechanical restraint devices shall not be secured so tightly as to interfere with circulation or so loosely as to cause chafing of the skin.
(5) Approved mechanical restraint devices shall not be secured to a stationary object, except when complete immobilization is required by use of a four-point restraint or a restraint chair.
(6) A resident in an approved mechanical restraint device shall not participate in any physical activity.
(7) Plastic cuffs shall only be used in emergency situations.
§343.812.Non-Ambulatory Mechanical Restraints.
(a) Non-ambulatory mechanical restraints shall only be used in response to a resident's overt behavior specific to self injury and only when other less restrictive interventions, or other forms of physical restraint, have been deemed to be inappropriate or ineffective.
(b) The initial use of non-ambulatory mechanical restraints shall receive incident-specific authorization from the facility administrator or the acting facility administrator. Standing orders authorizing non-ambulatory mechanical restraints are prohibited.
(c) Non-ambulatory mechanical restraints shall be conducted in an area or room which is not visible to other residents but in a location that is readily accessible to health care professionals or specially trained staff with supervisory responsibilities specific to the oversight of the non-ambulatory mechanical restraints.
(d) Rooms or cells with fixed or static non-ambulatory mechanical restraint fixtures, mechanisms, etc. (e.g. anchoring points or devices) shall not be used to house residents not being restrained in a non-ambulatory mechanical restraint unless they are being provided constant supervision.
(e) Non-ambulatory mechanical restraints shall be restricted to only standards-compliant restraint beds, restraint chairs and soft restraint devices.
(f) A written recommendation from a health care professional or a mental health professional is required in order for a non-ambulatory mechanical restraint to continue longer than one (1) hour.
(g) Non-ambulatory mechanical restraints lasting two (2) hours in duration shall be considered a behavioral health crisis and shall result in an immediate referral to a mental health professional or a mental health facility for assessment and possible treatment.
(h) Under no circumstances shall a non-ambulatory mechanical restraint exceed three (3) hours in duration within a 24 hour period.
(i) Residents in a non-ambulatory mechanical restraint shall be provided:
(1) constant visual supervision by a juvenile supervision officer;
(2) an opportunity for expanded physical motion or movement of not less than five minutes at every 30 minute interval;
(3) an opportunity to drink water every hour;
(4) regularly prescribed medications, unless otherwise ordered by a physician; and
(5) bathroom privileges offered at least every hour.
(j) Requirements enumerated in subsection (i)(1) - (5) of this section shall be fully documented and retained in the facility record or resident file.
(k) The following documentation shall be retained in the facility record or resident file:
(1) an assessment of the resident's circulation, positioning and breathing conducted at least every ten minutes by a specially trained juvenile supervision officer or a health care professional; and
(2) documented checks, performed by a health care professional, or specially trained staff, of the physical condition of the resident and the placement of the mechanical restraint devices within the first 30 minutes of the restraint and every hour thereafter.
(l) The officer responsible for providing the constant visual supervision of a resident in a non-ambulatory mechanical restraint shall have physical possession of the key or other mechanism for releasing the resident from the restraint.
(m) Any juvenile probation officer or juvenile supervision officer authorized to place a resident in a non-ambulatory mechanical restraint, shall be trained in topics that include, but are not limited to:
(1) monitoring the vital signs and critical circulation points of a resident placed in the non-ambulatory mechanical restraint; and
(2) emergency procedures for the removal of a resident from the non-ambulatory mechanical restraint.
§343.816.Chemical Restraints.
In addition to the requirements found in §§343.802, 343.804, and 343.806 of this chapter, the use of chemical restraints shall be governed by the following criteria:
(1) chemical restraints shall only be used in response to episodes of resident riot and only then when other forms of approved physical restraints are deemed to be inappropriate or ineffective;
(2) the use of chemical restraints shall receive incident-specific authorization from the facility administrator or the acting facility administrator. Standing orders authorizing chemical restraints are prohibited;
(3) chemical restraints are restricted to professionally manufactured and commercially available defense sprays and vaporizing agents containing either Oleoresin Capsicum (i.e., OC pepper sprays) or Orthochlorobenzalmalonoitrile (i.e., tear gas);
(4) chemical restraint deployment devices shall be stored in a locked area, and the issuance of these devices to juvenile supervision officers shall not commence until the facility administrator's authorization has been provided;
(5) chemical restraints shall not be used on a resident when he or she is physically restraint (in a personal or mechanical restraint), or otherwise under control;
(6) immediately following the use of a chemical restraint, the exposed resident shall be visually or physically examined by a medical professional and provided treatment if necessary; and
(7) chemical agent compatible neutralizers or decontaminants shall be readily available for use on residents who have been exposed to chemical restraints.
§343.818.Preventative Mechanical Restraints.
For resident, staff, and public safety purposes, a resident may be placed in ankle cuffs, anklets, handcuffs, wristlets or a waist belt absent the imminent threat requirements enumerated in §343.802(c) of this chapter. These types of preventative mechanical restraints are authorized under the following circumstances:
(1) Intra-facility relocation. Mechanical restraints may be used when moving a resident from point to point within a secure facility. The mechanical restraint devices shall be removed upon completion of the resident's relocation.
(2) Vehicular transport. A resident shall not be secured to:
(A) any part of the vehicle; or
(B) another resident.
(3) Off-site activities. Mechanical restraints may be used when a resident is required to leave the secure confines of the facility.
(4) The routine, preventative mechanical restraint applications used in this section are exempt from the documentation requirements contained in §343.806 of this chapter, except when the resident's cooperation is compelled through the use of a personal or chemical restraint; when the resident receives an injury in relation to the restraint event or restraint devices; or when the resident's behavior escalates to the imminent threat criteria listed in §343.802(d) of this chapter.
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 12, 2009.
TRD-200900143
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new Chapter 344, §§344.100, 344.110, 344.120, 344.200, 344.210, 344.220, 344.230, 344.300, 344.310, 344.320, 344.330, 344.340, 344.400, 344.410, 344.500, 344.510, 344.520, 344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680, 344.700, 344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, and 344.890, relating to employment, certification and training for juvenile officers. These new standards are being proposed in an effort to consolidate and streamline requirements related to employment, certification and training from several other chapters of the Commission's standards. This chapter also introduces several new requirements designed to enhance training and certification requirements for juvenile officers and to simplify the certification process. These standards were originally published in the August 22, 2008, issue of the Texas Register (33 TexReg 6753) and are being withdrawn and republished with substantive changes for another thirty day public comment period.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the new rules are in effect, there will be no fiscal implications for state government or small businesses as a result of enforcement or implementation.
As for local government, the implementation of a requirement for participating in the electronic fingerprinting system through the Texas Department of Public Safety requires a fee of $9.95 per person fingerprinted. Local juvenile departments may choose to pay this fee on behalf of their applicants and employees or may choose to require individuals to pay the fee themselves. The amount of fiscal impact for a specific department will be dependent upon the number of staff who must be fingerprinted and upon how the department decides to arrange for payment of the fee. Additionally, it is expected that the reduction in staff time required to obtain and maintain fingerprint records will offset this new fee.
Changes in the number of required training hours and changes related to the classifications of staff who must received required training may increase training costs. However, several initiatives are being implemented by the Commission to offset this increased cost. These initiatives include: availability of web-based training in live and videotaped formats; increased regional training opportunities; and enhanced website resources, including training curricula and materials for use at the local level.
The new standards also require successful completion of a competency exam for certification. The Texas Juvenile Probation Commission will attempt to implement this requirement at little or no cost to local departments, however it is possible that there will be travel or other costs associated with completion of the exam. Departments may choose to defray these expenses to the individual test taker.
Ms. Capers has also determined that for each year of the first five years the amendment is in effect, the public benefit expected as a result of enforcement or implementation will be to ensure that qualified staff are able to provide services in a safe and effective manner to youth under the supervision of the juvenile court. There will be no impact on small business or individuals as a result of the new rules.
Public comments on the proposed rules may be submitted in writing to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547. Comments may also be submitted electronically to Kristy.Almager@tjpc.state.tx.us or faxed to (512) 424-6718.
SUBCHAPTER A. DEFINITIONS AND APPLICABILITY
37 TAC §§344.100, 344.110, 344.120
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by these new rules.
§344.100.Definitions.
The following words and terms, when used in this chapter shall have the following meanings, unless context clearly indicates otherwise.
(1) Applicant--An individual applying for certification as a juvenile probation officer or juvenile supervision officer.
(2) Board--The governing board of the Texas Juvenile Probation Commission.
(3) Certified Officer--A juvenile probation officer or juvenile supervision 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 for a single county or a multi-county judicial district.
(5) Commission--The Texas Juvenile Probation Commission.
(6) Competency Examination--An examination or other assessment instrument required by any statute or Commission rule that governs an individual's certification as a juvenile probation officer or juvenile supervision officer.
(7) Continuing Education--Courses, programs, or organized learning experiences required to maintain certification and to enhance personal or professional goals.
(8) Direct Unsupervised Access--The ability to physically interact with juveniles in a juvenile justice program or facility without the accompanying physical presence of or constant visual monitoring by a certified officer or other authorized employee of the program or facility.
(9) Facility Administrator--An individual designated by the chief administrative officer or governing board of a juvenile justice facility as the on-site program director or superintendent of a secure facility.
(10) Juvenile Justice Facility ("facility")--A facility, including its premises and all affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes:
(A) A public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover) required to be certified in accordance with Texas Family Code §51.12;
(B) A public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125, except for a facility operated solely for children committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction.
(11) Juvenile Justice Program ("program")--A program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under a contract with the governing board, or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
(12) Juvenile Probation Department ("department")--All physical offices and premises utilized by a county or district level governmental unit established under the authority of a juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of the Texas Family Code and Chapter 141 of the Texas Human Resources Code.
(13) Juvenile Probation Officer--An individual whose primary responsibility and essential job function is to provide juvenile probation services and supervision duties authorized under statutory and agency administrative law that can only be performed by an active certified juvenile probation officer in good standing with the Commission.
(14) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a juvenile justice program or juvenile justice facility.
(15) Mandatory Topics--Specified training topics mandated in the Commission's administrative standards designed to provide officers the essential skills and knowledge necessary for certification and to fulfill the duties and responsibilities of a certified officer.
(16) NCIC--The National Crime Information Center (NCIC) is the Federal Bureau of Investigation's (FBI) database that utilizes fingerprints or other biometric identifiers to track an individual's criminal history in the United States.
(17) One Year of Graduate Study--As described in Texas Human Resources Code §141.061(a)(3)(A), successful completion of at least 18 post-graduate credit hours in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the Commission at a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board.
(18) TCIC--Texas Crime Information Center (TCIC) is the Texas Department of Public Safety's database that utilizes fingerprints or other biometric identifiers to track an individual's criminal history in the state of Texas.
(19) Training--An organized, planned and evaluated activity designed to achieve specific learning objectives.
§344.110.Interpretation and Applicability.
(a) Headings. The headings in this chapter are for convenience only and are not intended as a guide to the interpretation of the standards herein.
(b) Conflicting Standards. If a general provision contained in this chapter conflicts with a specific provision contained in another chapter of an administrative standard promulgated by the Commission, the specific language controls.
(c) Applicability. The language contained herein applies to all certifications granted on or after the effective date of this chapter.
(d) Criminal History. Any felony conviction, felony deferred prosecution, felony deferred adjudication, misdemeanor conviction, misdemeanor deferred prosecution, or misdemeanor deferred adjudication occurring before September 1, 2003 will not disqualify a certified officer who held an active certification on September 1, 2003.
§344.120.The Compliance Resource Manual and Implementation of Agency Policy.
The Commission may establish by administrative rule or other reasonable agency policy, the required guidelines, procedures and documentation necessary to ensure compliance and verification of the standards set forth in this chapter.
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 12, 2009.
TRD-200900122
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§344.200, 344.210, 344.220, 344.230
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §349.7 and §341.20 of this title; and Human Resources Code §141.065.
§344.200.General Qualifications for Employment.
(a) Juvenile Probation Officer. To be eligible for employment as a juvenile probation officer, supervisor or chief administrative officer, an applicant shall:
(1) be at least 21 years of age;
(2) be of good moral character and have no disqualifying criminal history as described in this chapter;
(3) have acquired a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
(4) possess the work experience or graduate study required in §344.210 of this chapter; and
(5) never have had any type of certification revoked by lawful authority of the Commission and not be currently under an order of suspension as described in §344.840(d) of this chapter.
(b) Juvenile Supervision Officer. To be eligible for employment as a juvenile supervision officer, an applicant shall:
(1) be at least 21 years of age;
(2) be of good moral character and have no disqualifying criminal history as described in this chapter;
(3) have acquired a high school diploma or equivalent; and
(4) never have had any type of certification revoked by lawful authority of the Commission and not currently be under an order of suspension as described in §344.840(d) of this chapter.
(c) Facility Administrator. To be eligible for employment as a facility administrator, an applicant shall:
(1) meet the minimum requirements to become a juvenile probation officer as described in §344.200(a) of this chapter; and
(2) maintain an active certification as a juvenile supervision officer.
§344.210.Work Experience.
(a) In lieu of the graduate study requirement in §344.500(a)(2) of this chapter, an applicant for the position of juvenile probation officer shall have one year of experience in full-time case work, counseling, community or group work:
(1) in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons; and
(2) that the Commission has determined provides the kind of experience necessary to meet this requirement.
(b) Internships may be counted toward meeting one year's experience based on actual hours completed when the duties performed were related to the field of juvenile justice.
§344.220.Exemptions from Qualifying Work Experience.
(a) The juvenile board, chief administrative officer or designee shall submit to the Commission a request for exemption of the requirement of one year experience or one year graduate study prior to the employment of an applicant who does not meet the one year experience or education requirements for the position of juvenile probation officer.
(b) The exemption request shall be made using the form provided by the Commission and shall document that diligent efforts were made to employ an applicant who meets the work experience requirement.
(c) The chief administrative officer shall provide written notification to the chair of the juvenile board of a request for exemption under this section prior to employment of the applicant.
(d) The Commission shall review and may approve or deny the request.
§344.230.Persons Who May Not Act as Chief Administrative Officers, Juvenile Probation Officers, or Juvenile Supervision Officers.
A peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as a chief administrative officer, juvenile probation officer, or juvenile supervision officer or be made responsible for supervising a juvenile in a juvenile justice facility or program.
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 12, 2009.
TRD-200900123
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§344.300, 344.310, 344.320, 344.330, 344.340
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §§349.8; 343.302; 343.304; and 343.306 of this title.
§344.300.Criminal History Searches for Positions Requiring Certification.
(a) Fingerprint Search.
(1) Fingerprints shall be submitted through the Texas Department of Public Safety (DPS) Fingerprint Applicant Services of Texas (FAST) system.
(2) The juvenile board, chief administrative officer, facility administrator or designee shall initiate a fingerprint-based criminal history search through the FAST system prior to the first day of employment to confirm that the applicant has no disqualifying criminal history.
(b) Criminal History Clearinghouse. The Commission and the juvenile board or designee shall participate in the electronic clearinghouse and subscription service operated by the DPS. This service, known as the Fingerprint-based Applicant Clearinghouse of Texas (FACT), provides criminal history record information to the Commission, juvenile probation departments and juvenile boards who subscribe to the system. The system notifies the Commission and the chief administrative officer or designee of any disqualifying criminal conduct that may occur subsequent to the date of employment or certification.
(c) Military History. Applicants with prior military experience shall provide a copy of the DD-214 Discharge Form for each tour of duty. In the event a DD-214 reflects character of service as anything other than honorable discharge, the juvenile probation department shall obtain release of information authorization from the applicant and shall request additional information from the appropriate governmental entity to determine whether the reason for discharge was the result of disqualifying criminal conduct.
§344.310.Criminal History Searches for Positions Not Requiring Certification.
(a) Criminal history searches shall be conducted for all personnel providing services in juvenile justice facilities or programs who may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, criminal history searches shall be completed for the following:
(1) Non-Certified Staff. The chief administrative officer or designee shall conduct criminal history searches in accordance with the requirements set forth in §344.300 of this chapter for staff employed full or part-time by a juvenile justice program or juvenile justice facility in positions that do not require certification.
(2) Volunteers and Interns. The chief administrative officer or designee shall conduct criminal history searches in accordance with the requirements set forth in §344.300 of this chapter for volunteers and interns who provide services in juvenile justice programs and facilities.
(3) Service Providers. Service providers include public or private vendors who provide goods and/or services for the operation, management or administration of juvenile probation services and juvenile justice programs and facilities.
(A) Licensed Service Providers. Programs or facilities licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. The chief administrative officer or designee shall obtain documentation confirming that the provider's license is in good standing with the licensing entity. The facility or program shall not contract for services with a provider whose license is not in good standing.
(B) Non-Licensed Service Providers. The chief administrative officer or designee shall obtain documentation from the provider's employing entity confirming that fingerprint-based criminal history searches of criminal information databases maintained by the Federal Bureau of Investigation and by the state of Texas have been completed within two years prior to the date of the most recent contract for services.
(b) Department policy shall prohibit direct unsupervised access to juveniles in a juvenile justice program or facility by any person with a disqualifying criminal history as described in §344.400 of this chapter.
(c) The juvenile board may grant an exemption to subsection (b) of this section for personnel described in this subsection whose criminal history report reflects class B misdemeanor activity. Exemptions shall be reviewed and granted on a case-by-case basis.
(d) The requirements of this section do not apply to the juvenile's attorney, family members or other individuals listed as a juvenile's approved visitors.
(e) The criminal history searches described in this section shall apply to individuals who begin employment or service provision on or after September 1, 2009.
§344.320.Criminal History Searches for Position and Departmental Transfers.
(a) Criminal history searches shall be completed by the employing juvenile justice program or facility in accordance with §344.300 of this chapter when:
(1) an individual who was not previously certified accepts a position requiring certification; or
(2) a certified officer employed in a juvenile probation program or facility accepts simultaneous or subsequent employment in a program or facility operated by or under contract with a different department.
(b) For individuals whose fingerprints are already in the Fingerprint Applicant Services of Texas (FAST) system, the searches may be conducted using the existing prints.
§344.330.Criminal History Searches for Secure Contract Facility Employees.
(a) The juvenile probation department in the county in which a secure pre or post-adjudication facility registered by the Commission and operated by a private vendor under contract with a juvenile board is located shall conduct criminal history searches for facility applicants for certified and uncertified positions as required under §344.300 of this chapter.
(b) The contract facility shall provide the juvenile board or designee with identifying information necessary to conduct the required criminal history searches.
(c) The chief administrative officer or designee shall review the criminal history report and provide a copy of the report to a facility with whom they have a written agreement that:
(1) specifically authorizes access to the information;
(2) limits the use of information to the purposes for which it is given;
(3) ensures the security and confidentiality of the information; and
(4) provides for sanctions if a requirement in paragraphs (1), (2) or (3) of this subsection is violated.
(d) The facility administrator or designee shall contact the referring criminal justice agency to obtain information regarding any arrest for which a disposition has not been reported.
(e) The chief administrative officer or designee shall review the criminal history report to confirm that the applicant has no disqualifying criminal history prior to the applicant's first day of employment.
§344.340.Criminal History Records Retention.
A copy of the initial criminal history report required in this section and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for the duration of an individual's employment. These records shall be maintained as long as they are administratively valuable or in accordance with the county's established records retention schedule after the monitoring purpose has been fulfilled.
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 12, 2009.
TRD-200900124
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §§349.7; 349.10; 341.23; and 343.320 of this title.
§344.400.Disqualifying Criminal History.
(a) An individual with the following criminal history shall not be eligible for continued employment or certification:
(1) a felony conviction against the laws of this state, another state, or the United States within the past ten (10) years;
(2) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years;
(3) a current felony deferred adjudication, probation or parole;
(4) a jailable misdemeanor conviction against the laws of this state, another state or the United States within the past five (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 five (5) years;
(6) a current jailable misdemeanor deferred adjudication, probation or parole; or
(7) the requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
(b) The offense disposition date shall be used to determine applicable time frames.
(c) In addition to the criteria and time frames set forth in subsection (a) of this section, the applicant shall not be eligible for employment or certification until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole.
(d) For eligible applicants with a prior criminal history, the department may consider a range of factors to determine the applicant's fitness to perform the duties and discharge the responsibilities of the position.
§344.410.Variance of Disqualifying Criminal History.
A variance under §349.2 of this title may not be requested for any Class A misdemeanor or felony 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.
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 12, 2009.
TRD-200900125
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§344.500, 344.510, 344.520
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by these new rules.
§344.500.Education Requirements.
(a) Juvenile Probation Officer. An applicant for employment as a juvenile probation officer must meet the following educational requirements:
(1) have acquired a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and
(2) have one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the Commission or qualifying work experience as specified in §344.210 of this chapter.
(b) Juvenile Supervision Officer. An applicant for employment as a juvenile supervision officer must meet one of the following educational requirements:
(1) possess a high school diploma;
(2) a general equivalency diploma from a high school or issuing authority within the United States of America;
(3) a United States military record that indicates the education level received is equivalent to a United States high school diploma or general equivalency diploma;
(4) a foreign high school or home schooling diploma that meets the validation requirements established by the Commission; or
(5) be granted unconditional acceptance into an accredited college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board.
§344.510.Persons Not Subject to Minimum Qualifying Educational Requirements.
(a) Individuals employed as juvenile probation officers prior to September 1, 1981 and who have maintained continuous certification since that date shall not be subject to the minimum educational requirements set forth in Texas Human Resources Code §141.061(a) and in this chapter.
(b) An interruption or lapse of certification under this section shall result in a requirement for the officer to meet all current applicable employment, certification and training requirements.
§344.520.Verification of Education Requirements.
The applicant for employment as a juvenile probation officer or juvenile supervision officer shall provide the department or facility with official documentation that verifies that the applicant meets the educational requirements for 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 12, 2009.
TRD-200900126
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §§349.7; 349.15; and 343.16 of this title.
§344.600.Minimum Requirements for Certification.
An applicant for certification as a juvenile probation officer or juvenile supervision officer shall receive a minimum of 80 hours of training including training in mandatory topics described in §344.620 of this chapter prior to certification. Duties that may be performed by individuals hired as juvenile supervision officers or juvenile probation officers prior to their certification are described in applicable chapters under Title 37 of the Texas Administrative Code.
§344.610.Relevance of Training and Standardized Curriculum.
(a) Training must be relevant to the knowledge and skills required in the performance of the officer's job duties to be considered for certification or continuing education credit.
(b) Training in the mandatory topics shall be conducted by training providers who have received specialized training in the curriculum from the Commission or from the employing department.
(c) The standardized curriculum provided by the Commission shall be used in the provision of training on the mandatory topics.
(d) The Commission reserves the right to refuse to approve or grant credit for training hours that do not comply with this standard.
§344.620.Required Training for Certification.
(a) Mandatory Topics. Successful completion of a competency exam based on the following topics is required prior to performing the duties of a certified officer and for certification.
(1) Juvenile Probation Officer.
(A) Role of the probation officer;
(B) Case planning and management;
(C) Recognizing and supervising youth with mental health issues;
(D) Officer safety and mechanical restraints;
(E) Texas Family Code and related laws;
(F) Legal liabilities;
(G) Courtroom proceedings and presentation;
(H) Code of ethics, disciplinary and revocation hearing procedures;
(I) Identifying and reporting abuse, neglect, and exploitation;
(J) Prison Rape Elimination Act; and
(K) Suicide prevention and intervention.
(2) Juvenile Supervision Officer.
(A) Juvenile rights;
(B) Texas Family Code and related laws;
(C) Identifying and reporting abuse, neglect, and exploitation;
(D) Prison Rape Elimination Act;
(E) Suicide prevention and intervention;
(F) Legal liabilities;
(G) Recognizing and supervising youth with mental health issues;
(H) Adolescent physical development and exercise related health risks;
(I) HIV/AIDS and other communicable diseases; and
(J) Code of ethics, disciplinary and revocation procedures.
(b) Additional Requirements for Juvenile Supervision Officer Certification.
(1) Prior to providing resident supervision, all juvenile supervision officers shall receive training and maintain current certification in:
(A) Cardiopulmonary Resuscitation (CPR);
(B) First Aid; and
(C) A Personal Restraint Technique approved by the Commission.
(2) Juvenile supervision officers working in juvenile justice facilities shall receive training in the following additional topics for certification:
(A) Behavior observation and recording;
(B) Behavior management;
(C) Risk management, safety and security;
(D) Medical and health services;
(E) Departmental security, emergency and evacuation procedures;
(F) Facility's suicide prevention plan;
(G) Department procedures for reporting abuse, neglect and exploitation;
(H) Recognizing and responding to medical and mental health needs of residents;
(I) Supervising residents in seclusion;
(J) Facility's fire drill procedures;
(K) Grievance procedures;
(L) Confidentiality of information;
(M) Cultural diversity;
(N) Use of restraints; and
(O) Transportation.
§344.630.On-the-Job Training Requirements.
(a) A juvenile justice program or juvenile justice facility may implement a structured on-the-job training program for use in meeting certification and continuing education requirements.
(b) The training program shall utilize the format developed by the Commission or an equivalent format developed by the department to document the provision of on-the-job training.
(c) The chief administrative officer, facility administrator or designee shall select staff, based on experience, qualifications and/or education, to provide on-the-job training.
(d) A maximum of 40 hours of on-the-job training provided in accordance with this section may be used to meet the certification or continuing education requirement in a given reporting period.
§344.640.Continuing Education Requirements for Maintaining Certification.
(a) A juvenile probation officer or juvenile supervision officer shall complete a minimum of 80 hours training every 24 months in topics related to the officer's job duties and responsibilities in order to maintain an active certification:
(1) For juvenile supervision officers, this training shall include training in the facilities suicide prevention plan and training required to maintain certification in CPR, First Aid and personal restraint technique approved by the Commission.
(2) For chief administrative officers and facility administrators, this training shall include a minimum of 20 hours of management training.
(b) A maximum of 20 hours of training credit that exceeds the minimum requirement in a specific reporting period may be applied to the next reporting period.
(c) Documentation of the required continuing education shall be submitted to the Commission through the Commission's automated certification information system within 24 months of the initial certification date and every 24 months thereafter based on the officer's birth month.
§344.650.Non-Compliance with Training and Continuing Education Requirements.
(a) Failure to comply with §344.640 of this chapter shall result in the following:
(1) the officer's certification shall be placed on inactive status;
(2) the officer shall be restricted from performing the duties of a certified officer; and
(3) the officer shall be ineligible for salary adjustment funding from the Commission.
(b) The officer's certification will be returned to active status upon receipt of documentation that the required continuing education has been completed.
§344.660.Approval and Review of Training Topics.
(a) Approval of Training Topics. All certification and continuing education training shall be approved by the Commission. Training that is not applicable to the duties of a certified officer shall not be applied to the individual's certification or continuing education requirements.
(b) Review of Topics. A juvenile probation department may request a review of the Commission's decision to not approve a topic for certification credit. In support of the request, the juvenile probation department shall describe how the topic relates to the job duties and responsibilities of the officer. The Commission may request additional documentation to evaluate the appropriateness of the topic.
§344.670.Training Methods and Limitations.
(a) Limits on Topics.
(1) Repetitive Training. Credit shall not be allowed for training that is duplicative in nature unless the training is required to maintain certification, such as for CPR or First Aid, or is required to maintain an understanding of the officer's job duties and responsibilities. Topics listed in §344.620 of this chapter are exempt from this limitation.
(2) Review of Policy and Procedure. Credit for policy and procedure review shall be allowed when documentation reflects that the review was part of a structured training event.
(3) Human Resources Training. Training on employment related benefits and plans shall not be accepted for certification purposes unless the officer is a supervisor and the training relates to supervisory duties or the training is being provided as part of a formal leadership development program.
(b) Limitations on Training Methods. The limits in this subchapter apply to continuing education credits earned in a given 24 month period.
(1) Correspondence Courses. A maximum of 40 hours of continuing education credit may be earned for the successful completion of correspondence courses provided by recognized criminal justice organizations or accredited colleges or universities. Correspondence courses may not be used to meet the requirement for training in the mandatory training topics.
(2) Video-Conferencing and Web-Based Training. Credit for a combined total of 40 hours of video conferencing and web-based training methods may be applied toward certification and continuing education requirements.
(3) Video Training. A maximum of 20 hours of video training that is part of a structured training program may be applied to certification or continuing education requirements.
(4) Training Hours for Curriculum Development. A maximum of 10 hours of credit in a given continuing education period may be allowed for the development of training curriculum.
(5) Training Providers. Training providers may claim actual training time up to a maximum of 10 hours for the provision of training. The credit under this section is allowed only for the provision of training in topics listed in §344.620 of this chapter.
(6) Meetings/Staff Meetings. Meetings shall not be considered a training activity unless supporting documentation indicates that all or part of the meeting was designated solely for the purpose of training.
(7) College Courses. Up to 40 hours of continuing education credit may be applied for successful completion of a three-hour college course in a topic relevant to the officer's job duties and that is provided by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board and approved by the Commission. Classes for which less than three hours of college credit is earned may be considered for continuing education credit. If approved, continuing education hours will be based on the number of classroom hours.
§344.680.Documentation.
Documentation of all training received shall be maintained in the department or facility's files for monitoring purposes. Documentation may include sign-in sheets, agendas, certificates of completion, correspondence from the instructor, registration receipts, and/or exam results. The chief administrative officer or designee shall, upon request, submit training records to a juvenile probation department in which an officer has obtained subsequent employment.
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 12, 2009.
TRD-200900127
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
This standard is proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by this new rule.
§344.700.Competency Examination Requirement.
(a) A juvenile probation officer or juvenile supervision officer shall pass the competency exam prescribed by the Commission in order to be eligible for certification.
(b) A juvenile probation officer or juvenile supervision officer shall complete the mandatory training required in §344.620(a)(1) or (2) of this chapter prior to attempting the competency exam.
(c) The Commission shall establish a plan for the administration of the examination, including any required fees.
(d) The Commission shall determine the satisfactory level of performance.
(e) Scores shall be sent electronically or by other means established by the Commission to the examinee and the chief administrative officer or designee upon completion of the exam.
(f) The Commission shall maintain a record of competency examination results.
(g) The requirements of this subchapter apply to applicants for positions requiring certification who begin employment as juvenile probation officers on or after September 1, 2011 or who begin employment as juvenile detention officers on or after September 1, 2012.
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 12, 2009.
TRD-200900128
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, 344.890
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rule is affected by this subchapter: §349.8 of this title.
§344.800.Positions Requiring Certification.
Certain positions require certification by the Commission in order to perform the job functions of the position. Positions requiring certification are specified in applicable chapters under Title 37 of the Texas Administrative Code.
§344.810.Eligibility for Certification.
To be eligible for certification, an individual must:
(1) be twenty-one years of age or older;
(2) have achieved the level of education required for the certification, or been granted an exemption from this requirement;
(3) be of good moral character and have no disqualifying criminal history as described in this chapter;
(4) not be currently under an order of suspension issued under the lawful authority of the Commission;
(5) never have had any type of certification revoked by lawful authority of the Commission;
(6) have satisfactorily completed all pre-service training required by the Commission;
(7) have passed the competency examination as required by the Commission; and
(8) be employed by a governmental unit or a public or private vendor under contract with a governmental unit.
§344.820.Length of Certification.
The Commission may issue a non-expiring certification to individuals who meet the eligibility requirements under this chapter.
§344.830.Certification Renewal Period.
The employing juvenile justice program or facility shall submit, within 24 months of the initial certification date and every 24 months thereafter based on the officer's birth month, documentation that:
(1) the officer has completed the continuing education requirements in §344.640 of this chapter, and
(2) the criminal history search requirements in §344.300 of this chapter have been met.
§344.840.Certification Status.
(a) Active. An officer shall be required to maintain an active certification in order to perform the duties of a juvenile probation officer or juvenile supervision officer. The individual and the employing department shall ensure that all requirements under this chapter are met in order to maintain the certification in active status. An active certification status requires that the officer shall have:
(1) no disqualifying criminal history;
(2) no current suspension or revocation of certification under the lawful authority of the Commission; and
(3) met the continuing education requirements set forth in §344.640 of this chapter.
(b) Inactive. An officer's certification shall be placed on inactive status in the event that the certification application is found to have a defect or flaw, the officer fails to meet reporting requirements or is no longer employed by a juvenile probation department. An individual whose certification is inactive is not eligible to perform the duties of a certified officer or to receive salary adjustment funds from the Commission. The juvenile probation department shall submit documentation through the Commission's automated certification system that an officer has completed all reporting requirements in accordance with §344.830 of this chapter in order to reactivate the officer's certification.
(c) Provisional. The Commission may issue a provisional certification for a period not to exceed 180 calendar days to an individual whose educational credentials require evaluation or verification. During the provisional certification period, the officer may perform the duties of a certified officer. In the event that the education validation is denied or is not validated within the 180 calendar day period, the individual is no longer eligible to perform the duties of a juvenile probation or supervision officer.
(d) Suspended. An officer who is currently under an order of suspension is not eligible for certification by the Commission and shall not perform the duties of a certified officer. A suspension order shall be in effect until the date determined in the disciplinary hearing held by the Commission. In the event of suspension for failure to pay child support under §232.003 of the Texas Family Code, the suspension shall remain in effect until the Commission receives an order staying or vacating the suspension.
(e) Revoked. An officer who has had a certification revoked by lawful authority of the Commission is no longer eligible for employment or certification as a juvenile probation officer or juvenile supervision officer.
§344.850.Employment by a Governmental Unit.
A juvenile probation officer or juvenile supervision officer with a certification issued by the Commission under this chapter shall be employed by a governmental unit or a private provider under a contract with a governmental unit to maintain active status. The Commission shall place the officer's certification on inactive status upon receiving notification of the individual's resignation or termination from employment from the governmental unit.
§344.860.Certification Process.
(a) Submission of Applications. All certification applications shall be submitted through the Commission's automated certification information system.
(1) Chief Administrative Officers. The juvenile board or designee shall review the certification documentation and approve in writing the submission of the certification application for a chief administrative officer prior to submission of the application to the Commission.
(2) Facility Administrators. The juvenile board or the chief administrative officer shall review the certification documentation and approve in writing the submission of the certification application for a facility administrator prior to submission of the application to the Commission.
(3) Juvenile Probation Officer. The chief administrative officer or designee shall submit the certification application for a juvenile probation officer.
(4) Juvenile Supervision Officer. The chief administrative officer, facility administrator, or designee shall submit the certification application for a juvenile supervision officer.
(b) Timeline for Submission. The certification application shall be submitted to the Commission no more than 180 calendar days from the date of initial employment.
(1) An individual whose application for certification has not been submitted within this time frame:
(A) shall not perform the duties of a certified officer; and
(B) shall not count toward the program's staff to child ratios.
(2) An extension of up to 90 days may be allowed for part time staff who have not completed the required training.
(c) Valid Criminal History Searches. Criminal history searches shall have been completed within 180 days prior to submission of the certification application. Dates of return shall be included in the certification application.
(d) Approval of Applications. The Commission shall review information contained in an application to determine certification eligibility. The Commission shall reserve the right to request additional information or documentation. The juvenile probation department will be notified of certification decisions through the Commission's automated certification information system. Any officer whose application is denied shall not perform the duties of a certified officer.
(e) Juvenile Officer Training Tracking System (JOTTS). The juvenile probation department shall utilize the Commission's training and tracking system or an equivalent automated system to document training and continuing education received by certified officers. Training information shall be included in the certification application and submitted through the Commission's automated certification system.
§344.870.Requests for Extension.
(a) The Commission may grant an extension in the event of an unexpected extended absence from employment to allow a certified officer additional time to obtain training necessary to maintain active certification status.
(b) Approved extensions will be granted in increments up to 90 calendar days from the date the certification renewal information was due. Additional time may be requested in special circumstances such as leave under the Family Medical Leave Act (FMLA) or worker's compensation leave.
(c) An officer whose absence is due to leave for military duty will be granted an amount of time equal to the amount of military leave up to a maximum of 24 months.
(d) An officer who does not satisfy all requirements necessary to maintain active status within the extension period shall not perform the duties of a certified officer or receive salary adjustment funds from the Commission.
§344.880.Transfer or Reactivation of Certification.
(a) The employing juvenile justice program or facility shall request through the commission's automated certification system that an officer's certification be transferred or reactivated when an officer is hired who is currently certified and employed in another juvenile probation department or is returning from inactive status.
(b) Active Certification.
(1) The juvenile board, chief administrative officer or designee shall request a transfer of certification when an officer with an active certification obtains employment in a position for which certification is required.
(2) The request for transfer shall include verification that all criminal history searches have been completed in accordance with §344.300 of this chapter.
(c) Inactive Certification.
(1) The juvenile board, chief administrative officer or designee shall request a transfer of certification when an officer whose certification is inactive obtains employment in a position for which certification is required.
(2) The request for transfer shall include verification that all criminal history searches have been conducted in accordance with §344.300 of this chapter.
(3) Completion of 80 hours of continuing education within the 24 months prior to employment shall be confirmed and documentation included in the officer's personnel file prior to submission of the transfer request.
(d) Training Records. The juvenile board, chief administrative officer, facility administrator, or designee shall forward a certified officer's training records to the employing facility or program, upon request, when an officer's certification is transferred.
§344.890.Termination of Employment.
The juvenile board, chief administrative officer, or designee shall notify the Commission of the resignation or termination of individuals employed in positions requiring certification within 10 working days of the date of their separation from employment. Upon receipt of notice, the Commission shall place the certified officer's certification on inactive status.
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 12, 2009.
TRD-200900129
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§350.100, 350.110, 350.120, 350.200, 350.210, 350.220, 350.300, 350.400, 350.500, 350.600, 350.610, 350.620, 350.700, 350.800, 350.900 - 350.904
The Texas Juvenile Probation Commission proposes new Chapter 350, §§350.100, 350.110, 350.120, 350.200, 350.210, 350.220, 350.300, 350.400, 350.500, 350.600, 350.610, 350.620, 350.700, 350.800, and 350.900 - 350.904, relating to investigating abuse, neglect, exploitation, death and serious incidents by the Texas Juvenile Probation Commission. These new standards are being proposed in an effort to ensure that the agency's investigators have the ability to conduct comprehensive investigations in a more timely and efficient manner. These standards were originally published in the August 22, 2008, issue of the Texas Register and are being withdrawn and republished with substantive changes for another thirty day public comment period.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the new rules are in effect, there will be no fiscal implications for state government, local government or small businesses as a result of enforcement or implementation.
Ms. Capers has also determined that for each year of the first five years the new rules are in effect, the public benefit expected as a result of enforcement or implementation will be the ability to conduct more efficient and comprehensive investigations which will provide a greater level of safety for the juveniles and communities we serve. There will be no impact on small business or individuals as a result of the amendments.
Public comments on the proposed rules may be submitted in writing to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547. Comments may also be submitted electronically to Kristy.Almager@tjpc.state.tx.us or faxed to (512) 424-6718.
These rules are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other statutes, articles, or codes will be affected.
§350.100.Definitions.
(a) The terms used in this Chapter apply to the investigations of allegations of abuse, neglect, exploitation, death and serious incidents conducted by the Commission and to the Commission's procedures relating to serious incidents.
(b) Terms used in this Chapter shall have the following meanings unless otherwise expressly defined within the Chapter.
(1) Abuse, Neglect and Exploitation--The definitions of "abuse", "neglect" and "exploitation" shall have the meanings defined in Texas Family Code §261.001 and §261.401. This term also includes the definitions of serious physical abuse and sexual abuse herein.
(2) Administrator--The chief administrative officer of a juvenile probation department, a public or private juvenile justice program or an administrator of a public or private juvenile justice facility.
(3) Administrative Designee--The role assigned to the administrator, when at the conclusion of an investigation, a preponderance of evidence determines that the proximate cause of the allegation was based on policies and procedures under the direct control of the administrator.
(4) Alleged Perpetrator--A person alleged as being responsible for the abuse, neglect or exploitation of a juvenile through the person's actions or failure to act.
(5) Alleged Victim--A juvenile under the jurisdiction of the juvenile court or participating in a program operated under the authority of the governing board or juvenile board who is alleged to be a victim of abuse, neglect or exploitation.
(6) Attempted Suicide--Any voluntary and intentional action that could reasonably result in taking one's own life.
(7) Call Line--The toll-free line made available by the Commission to juveniles, professionals and private citizens for the purpose of reporting allegations of abuse, neglect, exploitation, death and serious incidents within the juvenile justice system.
(8) Commission--The Texas Juvenile Probation Commission.
(9) Death--The permanent cessation of vital bodily functions.
(10) Designated Perpetrator--The individual responsible for the abuse, neglect or exploitation of a juvenile who has not exhausted the right to administrative review or whose right to administrative review has not expired.
(11) Designated Victim--The juvenile who was abused, neglected or exploited.
(12) Escape--"Escape" means:
(A) The voluntary, unauthorized departure, or attempt to depart, by an individual who is in custody; or
(B) Failure to return to custody following an authorized temporary leave for a specific purpose or limited period.
(13) Incident Report Form--The required form used to report to the Commission allegations of abuse, neglect, exploitation, death and serious incidents.
(14) Internal Investigation Report--The written report submitted to the Commission that summarizes the steps taken and the evidence collected during an internal investigation of an allegation of abuse, neglect, exploitation or death.
(15) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program.
(16) Juvenile Justice Facility ("facility")--A facility, including its premises and all affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes, but is not limited to:
(A) A public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover) required to be certified in accordance with Texas Family Code §51.12;
(B) A public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125, except for a facility operated solely for children committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction.
(17) Juvenile Justice Program ("program")--A program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under a contract with the governing board, or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
(18) Juvenile Probation Department ("department")--All physical offices and premises utilized by a county or district level governmental unit established under the authority of a juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of Texas Family Code and Chapter 141 of Texas Human Resources Code.
(19) Peace Officer--A person elected, employed, or appointed as a peace officer under Code of Criminal Procedure, Article 2.12.
(20) Report--Formal notification to the Commission of an allegation of abuse, neglect, exploitation or death or of a serious incident.
(21) Reportable Injury--Any injury sustained accidentally, intentionally, recklessly or otherwise that:
(A) Requires medical treatment; or
(B) Results from a personal, mechanical or chemical restraint and is a substantial injury.
(22) Serious Incident--Any incident that is an attempted escape, attempted suicide, escape, reportable injury, youth-on-youth physical assault or youth sexual conduct.
(23) Serious Physical Abuse--Bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment.
(24) Sexual Abuse--Conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless of age, may not affirmatively or impliedly consent to the acts as defined herein under any circumstances.
(25) Sexual Abuse by Contact--Any physical contact with a juvenile that includes: intentional touching of the genitalia, anus, groin, breast, inner thigh or buttocks with the intent to abuse, intimidate, hurt, humiliate or harass, arouse or gratify sexual desire; deviate sexual intercourse; sexual contact; sexual intercourse; or sexual performance as those terms are defined below.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of another person with a hand, finger or other object.
(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or
(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons including simulated or actual sexual intercourse, deviate sexual intercourse, bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
(26) Sexual Abuse by Non-Contact--Any sexual behavior, conduct, harassment or actions other than those defined by sexual abuse by contact, which are exhibited, performed or simulated:
(A) in the presence of a juvenile or with reckless disregard for the presence of a juvenile;
(B) with the intent to arouse or gratify the sexual desire of any person;
(C) with the intent to intimidate, hurt, humiliate or harass any person;
(D) including repeated verbal statement or comments of a sexual nature; and
(E) including demeaning references to gender, derogatory comments about body or clothing or profane or obscene language or gestures.
(F) These behaviors, conduct and actions include indecent exposure, voyeurism, distribution or exhibition of pornographic or sexually explicit material or sexual performance as defined in §350.100(b)(26)(D) of this section.
(27) Substantial Injury--An injury that is significant in size, amount or severity.
(28) Sustained Perpetrator--A designated perpetrator who has already been offered the right to an administrative review and the designated perpetrator's rights to the administrative review have expired or the disposition was upheld.
(29) TCLEOSE--Texas Commission on Law Enforcement Officer Standards and Education.
(30) Youth-on-Youth Physical Assault--A physical altercation between two or more juveniles that results in any of the involved parties sustaining an injury that requires medical treatment.
(31) Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, sexual performance as those terms are defined in paragraph (26) of this subsection or sexual behavior, conduct or actions which are exhibited, performed or simulated as those terms are defined in paragraph (27) of this subsection. A juvenile may not consent to the acts as defined herein under any circumstances. Consent may not be implied regardless of the age of the juvenile.
§350.110.Interpretation.
(a) Headings. The headings in this chapter are for convenience only and are not intended as a guide to the interpretation of the standards herein.
(b) Including. The word, "including" when following a general statement or term, is not to be construed as limiting the general statement or term to any specific item or manner set forth or to similar items or matters, but rather as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its broadest possible scope.
§350.120.Applicability.
Unless otherwise noted, these standards apply to the investigations conducted by the Commission of all allegations of abuse, neglect and exploitation, death and serious incidents involving a juvenile and an employee, intern, volunteer, contractor or service provider.
(1) Texas Family Code §261.405(b) gives the Commission the authority to conduct abuse, neglect and exploitation investigations in any juvenile justice department, program or facility. The investigations conducted by the Commission are governed by Texas Family Code Chapter 261.
(2) Investigations of abuse, neglect, exploitation and death are conducted by investigators specifically trained to conduct investigations in juvenile justice departments, programs and facilities. The primary objective of each investigation is to ensure the health, safety and well being of the alleged victim and other juveniles under the jurisdiction of the juvenile court. Investigations also serve to assess additional risk potential and compliance with applicable administrative standards.
§350.200.Abuse, Neglect, Exploitation and Death.
Upon receipt of an allegation of abuse, neglect, exploitation or death, Commission investigators shall assess the allegation to determine the assignment of the initial priority level, which thereby determines the timeframe for initiating the investigation.
§350.210.Assessment.
An assessment shall be completed on all reports of alleged abuse, neglect, exploitation or death received by the Commission.
(1) Allegations within the Commission's investigative jurisdiction shall, regardless of the source, or severity or perceived lack thereof, be assigned for investigation.
(2) Allegations not within the Commission's investigative jurisdiction shall be referred to the appropriate division within the Commission or other government agency having jurisdiction.
§350.220.Prioritization, Activation and Initiation.
(a) Prioritization. All reports of alleged abuse, neglect, exploitation or death shall be assigned a priority level.
(b) Activation. Investigations are activated when the Commission makes the initial notification to law enforcement.
(c) Initiation. Investigations are initiated when the assigned investigator contacts or attempts to contact, via phone, fax, e-mail or in person a representative of the department, program, facility, governing board, juvenile board; law enforcement agency; the reporter; or any person with knowledge of the alleged incident.
§350.300.Investigations.
Investigations shall be conducted to ensure the health, safety and well being of juveniles, employees, interns, volunteers, contractors and service providers. Investigations are also conducted to determine if the alleged incident occurred and to determine if the elements of the alleged incident correspond to the statutory definitions in Texas Family Code Chapter 261.
§350.400.Notification and Referral.
(a) Notification of Disposition. At the conclusion of a case assigned for investigation, notification of the disposition shall be forwarded to the appropriate parties.
(b) Notice to Prosecutor. Notifications to the district or county attorney's office prosecuting criminal matters in the jurisdiction in which the Commission conducted the investigation, shall be forwarded in accordance with applicable Commission policies and procedures.
(c) Non-Compliance Citation Report. A Non-Compliance Citation Report (NCCR) shall be issued when, during the course of an investigation, a violation of Title 37, Part 11, Texas Administrative Code occurred.
(d) Notice of Technical Assistance. A "Notice of Technical Assistance" (NTA) shall be issued regarding any information received during the course of a Commission investigation in which substantial evidence demonstrates that circumstances exists that pose or may pose a potential risk to juveniles and/or staff, but in which it does not appear as though a violation of the Texas Administrative Code occurred.
(e) Referrals. Information received by the Commission that is determined not to be an allegation of abuse, neglect, exploitation or death or that does not fall within the Commission's investigative jurisdiction shall be routed to the appropriate division within the Commission to the agency, department, program or facility in which the incident is alleged to have occurred or to the government agency with investigative jurisdiction.
§350.500.Requests for Disciplinary Action.
Requests for disciplinary action shall be submitted in accordance with applicable agency administrative standards, policies and procedures.
§350.600.Retention, Release and Redaction of Commission Records.
(a) Record Development. In accordance with Texas Family Code §261.402, the Commission shall develop and maintain a record of each reported alleged incident of abuse, neglect, exploitation or death.
(b) Database. The Commission shall maintain an electronic database containing information regarding all reports of alleged incidents of abuse, neglect, exploitation, death and serious incidents.
(c) Preservation of Recordings and Transcripts. Recorded interviews and transcripts of recorded interviews maintained by the Commission shall be preserved in accordance with the Commission's record retention schedule and other applicable laws.
(d) Record Retention. The investigation records maintained by the Commission are confidential and shall be retained in accordance with the retention schedule adopted by the Commission or other applicable laws.
§350.610.Release of Confidential Information.
Confidential information shall be released in accordance with the Commission's policies and procedures and other applicable statutory provisions governing the disclosure of confidential information.
§350.620.Redaction of Records.
In certain cases, an alleged perpetrator's identifying information may be redacted from the Commission's records.
(1) Automatic Redaction. The Commission shall, in cases in which the disposition is baseless, automatically and permanently redact the alleged perpetrator's identifying information from the Commission's case record.
(2) Request for Redaction. The alleged perpetrator may request that his or her identifying information be redacted from the Commission's records if:
(A) The Commission's final disposition of the case in which the alleged perpetrator was involved is "Ruled Out";
(B) The alleged perpetrator submits the request for redaction in writing to the Commission's Legal Division;
(C) The alleged perpetrator submits the request for redaction within 30 calendar days of the last day of the corresponding limitation period described in this paragraph;
(D) The alleged perpetrator has been continuously employed within the Texas juvenile justice system for the time period as specified in this paragraph; and
(E) The alleged perpetrator has not been named as the subject of investigation in a subsequent case of abuse, neglect or exploitation.
(3) Limitation Periods. A request for redaction may only be made if all requirements of paragraph (1) of this section are met and if:
(A) Two years has expired from the date of the Commission's final disposition of "Ruled Out", and if, notwithstanding a violation of the Texas Administrative Code, the investigation of the alleged abuse, neglect or exploitation did not produce evidence of a violation of laws of this state or of the United States;
(B) Three years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation does not meet the elements of paragraph (1) or (3) of this section; or
(C) Five years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation involved serious physical abuse as defined by §358.100(b)(24) of this title or sexual conduct as defined by §358.100(b)(25), (26) or (27) of this title.
§350.700.Call Line.
To facilitate the reporting of allegations of abuse, neglect, exploitation, death and serious incidents, the Commission shall make available a toll-free call line to juveniles, parents, juvenile justice professionals and other concerned citizens.
§350.800.Serious Incidents.
An assessment shall be completed on all reported serious incidents received by the Commission to determine jurisdiction, classification and if follow-up action is needed. Based on the information received by the Commission, any report of a serious incident may be reclassified and assigned for investigation.
§350.900.Training and Quality Assurance.
Commission investigators shall receive current and relevant training in the discipline of investigating allegation of abuse, neglect, exploitation and death. Quality assurance measures shall be implemented to help ensure that Commission investigations are conducted in accordance with the rules contained herein and in accordance with the Commission's Abuse and Neglect Division's policies and procedures.
§350.901.Pre-Service Training.
Investigators shall receive pre-service training hours in the laws, statutes, administrative rules and agency policies and procedures governing and relevant to conducting administrative investigations of abuse, neglect, exploitation and death of juveniles within the juvenile justice system. Pre-service training, including structured and applied on-the-job training, shall be relevant to the knowledge and skills required for the performance of the investigator's job duties. All training shall be received from credible sources, knowledgeable in the specific training course.
§350.902.Competency Testing.
Investigators shall demonstrate through written examination, a minimum proficiency in select topics received during pre-service training.
§350.903.Continuing Education.
Continuing education shall consist of topics relevant to conducting investigations of abuse, neglect, exploitation and death of juveniles within the juvenile justice system and topics relevant to the practices of juvenile justice professionals.
(1) Investigators shall successfully complete a minimum number of hours of continuing education training every training unit.
(2) In addition to the requirements of paragraph (1) of this section, investigators licensed as peace officer shall adhere to the training requirements in accordance with the administrative rules as established by TCLEOSE in Title 37, Part 7 of the Texas Administrative Code.
§350.904.Quality Assurance.
During each fiscal year internal quality assurance reviews of active and completed investigations shall be conducted.
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 12, 2009.
TRD-200900131
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710
37 TAC §§358.100, 358.120, 358.140, 358.200, 358.220, 358.300, 358.320, 358.400, 358.420, 358.440, 358.460, 358.480, 358.500, 358.600, 358.620, 358.640, 358.660, 358.680, 358.700, 358.720, 358.740, 358.760, 358.780, 358.800, 358.820, 358.840, 358.900, 358.920
The Texas Juvenile Probation Commission proposes new Chapter 358, §§358.100, 358.120, 358.140, 358.200, 358.220, 358.300, 358.320, 358.400, 358.420, 358.440, 358.460, 358.480, 358.500, 358.600, 358.620, 358.640, 358.660, 358.680, 358.700, 358.720, 358.740, 358.760, 358.780, 358.800, 358.820, 358.840, 358.900, and 358.920, relating to indentifying, reporting and investigating abuse, neglect, exploitation, death and serious incidents in departments, programs and facilities. These new rules are being proposed to provide the departments, programs and facilities more comprehensive and well-formulated guidelines for identifying and reporting allegations of abuse, neglect and exploitation.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the new rules are in effect, there will be no fiscal implications for small businesses as a result of enforcement or implementation. The fiscal implications for state government, in particular, the Texas Juvenile Probation Commission will be minimal. The Texas Juvenile Probation Commission will provide the signage the facilities will be required to post regarding a juvenile's right and ability to report allegations of abuse, neglect and exploitation under §358.480. The fiscal impact to the local (county) government, if any, will be minimal. Local governments may opt to install a special phone line to accommodate the call-line as described under §358.440; however, taking such action is not a requirement of the standard and would be a voluntary expenditure.
Ms. Capers has also determined that for each year of the first five years these new rules are in effect, the public benefit expected as a result of enforcement or implementation will be to provide additional protections for the juveniles served throughout the juvenile justice system. There will be no impact on small business or individuals as a result of these rules.
Public comments on the proposed rules may be submitted in writing to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547. Comments may also be submitted electronically to Kristy.Almager@tjpc.state.tx.us or faxed to (512) 424-6718.
These rules are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other statutes, codes or articles are affected by this proposal.
§358.100.Definitions.
Terms used in this chapter shall have the following meanings unless otherwise expressly defined within the chapter.
(1) Abuse, Neglect, or Exploitation--The definitions of "abuse," "neglect" and "exploitation" shall have the meaning ascribed under Texas Family Code §261.001 and §261.401. This term also includes the definitions of serious physical abuse and sexual abuse in paragraphs (23) and (24) of this section.
(2) Administrator--The chief administrative officer of a juvenile probation department, a public or private juvenile justice program or an administrator of a public or private juvenile justice facility.
(3) Alleged Victim--A juvenile under the jurisdiction of the juvenile court or participating in a program operated under the authority of the governing board or juvenile board who is alleged to be a victim of abuse, neglect or exploitation.
(4) Attempted Suicide--Any voluntary and intentional action that could reasonably result in taking one's own life.
(5) Call Line--The toll-free line made available by the Commission to juveniles, professionals and private citizens for the purpose of reporting allegations of abuse, neglect, exploitation and serious incidents within the juvenile justice system.
(6) Commission--The Texas Juvenile Probation Commission.
(7) Death--The permanent cessation of all vital bodily functions.
(8) Escape--
(A) The voluntary, unauthorized departure, or attempt to depart, by an individual who is in custody; or
(B) Failure to return to custody following an authorized temporary leave for a specific purpose or limited period.
(9) Founded--The finding assigned to an internal investigation when the evidence indicates that the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, occurred.
(10) Incident Report Form--The required form used to report to the Commission allegations of abuse, neglect, exploitation, death and serious incidents.
(11) Inconclusive--The finding assigned to an internal investigation when the evidence does not clearly indicate whether or not the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, occurred.
(12) Internal Investigation--A formalized and systematic inquiry conducted by the administrator or designee of a juvenile probation department, juvenile justice program or juvenile justice facility in response to an allegation of abuse, neglect, exploitation or death.
(13) Internal Investigation Report--The written report submitted to the Commission that summarizes the steps taken and the evidence collected during an internal investigation of an alleged incident of abuse, neglect, exploitation or death.
(14) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program.
(15) Juvenile Justice Facility ("facility")--A facility, including its premises and all affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes, but is not limited to:
(A) A public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover) required to be certified in accordance with Texas Family Code §51.12;
(B) A public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125, except for a facility operated solely for children committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction.
(16) Juvenile Justice Program ("program")--A program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under a contract with the governing board, or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
(17) Juvenile Probation Department ("department")--All physical offices and premises utilized by a county or district level governmental unit established under the authority of a juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of the Texas Family Code and Chapter 141 of the Texas Human Resources Code.
(18) Medical Treatment--Medical care, processes and procedures that are performed by a physician, physician assistant, licensed nurse practitioner, emergency medical technician (EMT), paramedic or dentist. Diagnostic procedures are excluded unless further intervention beyond basic first aid is required.
(19) Reasonable Belief--A belief that would be held by an ordinary and prudent person in the same circumstances as the reporter.
(20) Report--Formal notification to the Commission of an allegation of abuse, neglect, exploitation or death or of serious incident.
(21) Reportable Injury--Any injury sustained by accidentally, intentionally, recklessly or otherwise that:
(A) Requires medical treatment; or
(B) Results from a personal, mechanical or chemical restraint and is a substantial injury.
(22) Serious Incident--Any incident that is an attempted escape, attempted suicide, escape, reportable injury, youth-on-youth physical assault or youth sexual conduct.
(23) Serious Physical Abuse--Bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment.
(24) Sexual Abuse--Conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless of age, may not affirmatively or impliedly consent to the acts as defined in paragraphs (25) and (26) of this section under any circumstances.
(25) Sexual Abuse by Contact--Any physical contact with a juvenile that includes: intentional touching of the genitalia, anus, groin, breast, inner thigh or buttocks with the intent to abuse, intimidate, hurt, humiliate or harass, arouse or gratify sexual desire; deviate sexual intercourse; sexual contact; sexual intercourse; or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of another person with a hand, finger or other object.
(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or
(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
(26) Sexual Abuse by Non-Contact--Any sexual behavior, conduct, harassment or actions other than those defined by sexual abuse by contact, which are exhibited, performed or simulated:
(A) in the presence of a juvenile or with reckless disregard for the presence of a juvenile;
(B) with the intent to arouse or gratify the sexual desire of any person;
(C) with the intent to intimidate, hurt, humiliate or harass any person;
(D) including repeated verbal statement or comments of a sexual nature; and
(E) including demeaning references to gender, derogatory comments about body or clothing or profane or obscene language or gestures.
(F) These behaviors, conduct and actions include indecent exposure, voyeurism, distribution or exhibition of pornographic or sexually explicit material or sexual performance as defined in paragraph (25)(D) of this section.
(27) Subject of Investigation--A person alleged as being responsible for the abuse, neglect or exploitation of a juvenile through the person's own actions or failure to act.
(28) Substantial Injury--An injury that is significant in size, amount or severity.
(29) Unfounded--The finding assigned to an internal investigation when the evidence indicates the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, did not occur.
(30) Youth-on-Youth Physical Assault--A physical altercation between two or more juveniles that results in any of the involved parties sustaining an injury that requires medical treatment.
(31) Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, sexual performance as those terms are defined in paragraph (25) of this section or sexual behavior, conduct or actions which are exhibited, performed or simulated as those terms are defined in paragraph (26) of this section. A juvenile may not consent to the acts as defined in paragraphs (25) and (26) of this section under any circumstances. Consent may not be implied regardless of the age of the juvenile.
§358.120.Interpretation.
(a) Headings. The headings in this chapter are for convenience only and are not intended as a guide to the interpretation of the standards in this chapter.
(b) Including. The word, "including" when following a general statement or term, is not to be construed as limiting the general statement or term to any specific item or manner set forth or to similar items or matters, but rather as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its broadest possible scope.
§358.140.Applicability.
Unless otherwise noted, these standards apply to all alleged incidents of abuse, neglect and exploitation, death and serious incidents involving a juvenile and an employee, intern, volunteer, contractor or service provider (hereafter referred to as "any person" or "all persons") in a juvenile probation department ("department"), juvenile justice program ("program") or juvenile justice facility ("facility"), regardless of the location of the alleged incident of abuse, neglect, exploitation, death or serious incident.
§358.200.Policy and Procedure.
Departments, programs and facilities shall have written policies and procedures for reporting serious incidents to the Commission and for reporting allegations of abuse, neglect and exploitation, including death to local law enforcement, the Commission and other appropriate governmental units.
§358.220.Data Collection.
(a) Departments, programs and facilities shall fully and promptly provide requested data pertinent to alleged incidents of abuse, neglect, exploitation, death and serious incidents to the Commission.
(b) The data shall be submitted in the electronic format requested or supplied by the Commission.
(c) The data shall include:
(1) Alleged victim(s) name;
(2) Alleged victim(s) PID;
(3) Name of subject(s) of investigation;
(4) Date of birth and Texas driver's license or state issued identification number of subject(s) of investigation;
(5) Date of incident;
(6) Time of incident;
(7) Date the incident was reported to the Commission;
(8) Type of incident (i.e., abuse, neglect or exploitation (ANE), death or serious incident (SI));
(9) Type of injury, if applicable;
(10) Restraint related, if so, what type (i.e., physical, mechanical or chemical);
(11) Disposition of internal investigation (i.e., Founded, Unfounded, Inconclusive); and
(12) County generated case identification number.
(d) The data shall be supplied at least annually or as required by Commission.
(e) The effective date of this section is September 1, 2009.
§358.300.Serious Incidents.
(a) Duty to Report. Any person who witnesses, learns of, receives an oral or written statement from a juvenile or other person with knowledge of or who has a reasonable belief as to the occurrence of a serious incident involving a juvenile shall report to the Commission.
(b) Time to Report. A report of a serious incident under subsection (a) of this section shall be made within 24 hours from the time a person gains knowledge of or suspects the serious incident occurred.
(c) Methods of Reporting Serious Incidents.
(1) The report shall be made by phone, or by faxing or e-mailing a completed Incident Report Form to the Commission.
(2) If the report is made by phone, a completed Incident Report Form shall be subsequently submitted to the Commission within 24 hours of the phone report.
§358.320.Medical Documentation for Serious Incidents.
A treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Commission within 24 hours of receipt.
§358.400.Abuse, Neglect and Exploitation.
(a) Duty to Report. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge of or who has a reasonable belief as to the occurrence of an alleged incident of abuse, neglect or exploitation involving a juvenile shall report to the Commission and local law enforcement.
(b) Non-Delegation of Duty to Report. In accordance with Texas Family Code §261.101, the duty to report cannot be delegated to another person.
(c) Time to Report. A report of the alleged incident of abuse, neglect or exploitation under subsection (a) of this section, other than death and allegations involving serious physical abuse or sexual abuse, shall be made within 24 hours from the time a person gains knowledge of or suspects the alleged incident of abuse, neglect or exploitation.
(d) Methods for Reporting Abuse, Neglect and Exploitation.
(1) The report shall be made by phone, or by faxing or e-mailing a completed Incident Report Form to the Commission.
(2) If the report is made by phone, a completed Incident Report Form shall be subsequently submitted to the Commission within 24 hours of the phone report.
§358.420.Allegations Occurring Outside the Juvenile System.
Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of an alleged incident of abuse, neglect or exploitation involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor or service provider of a department, program or facility, shall be reported to law enforcement or to the appropriate governmental unit as required in Texas Family Code Chapter 261.
§358.440.Reporting of Allegations by Juveniles.
(a) Right to Report. Juveniles in a facility shall have the right to report to the Commission alleged incidents of abuse, neglect and exploitation, including death and allegations of serious physical abuse and sexual abuse.
(1) Juveniles shall be advised in writing during orientation into the facility of their right to report alleged incidents under this subsection; and
(2) Juveniles shall be advised in writing during orientation into the facility of the Commission's toll-free number available for reporting alleged incidents under this subsection.
(b) Policy and Procedure. Departments, programs and facilities shall have written policies and procedures that address a juvenile's reasonable, free and confidential access to the Commission for reporting alleged incidents under subsection (a) of this section.
(c) Access to the Commission. Upon the request of a juvenile, staff shall facilitate the juvenile's unimpeded access to the Commission to report alleged incidents under subsection (a) of this section.
§358.460.Parental Notification.
(a) Notification. Notification, or diligent efforts to notify, shall be made to the parents, guardians and custodians of a juvenile who has died or who is the alleged victim of an alleged incident of abuse, neglect or exploitation, including allegations of serious physical abuse or sexual abuse.
(b) Time of Notification. The notification, or the diligent efforts to make the notification under subsection (a) of this section, shall be made as soon as possible, but no later than 24 hours from the time a person gains knowledge of or suspects the alleged abuse, neglect, exploitation or death occurred.
(c) Method of Notification. The notification under subsection (a) of this section shall be made by phone, in writing or in person by the administrator or designee.
(d) Documentation of Notification. The notification, or the diligent efforts to make the notification under subsection (a) of this section, shall be documented on the Commission's Incident Report Form or in the internal investigation report.
§358.480.Signage.
(a) Departments, programs and facilities shall prominently display signage provided by the Commission regarding a zero-tolerance policy concerning abuse of juveniles.
(b) Signage under subsection (a) of this section shall be posted in all of the following places:
(1) Lobby or visitation areas of the department, program or facility to which the public has access;
(2) Youth housing and common areas;
(3) Common medical treatment areas;
(4) Common educational areas; and
(5) Other common areas.
(c) Signage under subsection (a) of this section shall be posted in both English and Spanish.
§358.500.Serious Physical Abuse and Sexual Abuse.
(a) Duty to Report. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of an alleged incident of serious physical abuse or sexual abuse involving a juvenile shall report to the Commission and local law enforcement.
(b) Time to Report.
(1) A report of alleged serious physical abuse or sexual abuse under subsection (a) of this section shall be made to local law enforcement immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse; and
(2) A report of alleged serious physical abuse or sexual abuse under subsection (a) of this section shall be made to the Commission immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse.
(c) Methods for Reporting Serious Physical Abuse and Sexual Abuse.
(1) The initial report shall be made by phone to law enforcement;
(2) The initial report shall be made by phone to the Commission using the toll-free number as designated by the Commission; and
(3) Within 24 hours of the report by phone of an alleged incident of serious physical abuse or sexual abuse, the completed Incident Report Form shall be submitted to the Commission by fax or e-mail.
§358.600.Death.
(a) Duty to Report. The administrator or designee shall report to the Commission and local law enforcement the death of a juvenile that occurs:
(1) On the premises of a department, program, facility; or
(2) Emanates from an illness, incident or injury that occurred on the premises of a department, program or facility; or
(3) Occurs while in the presence of a department, program or facility employee, intern, volunteer, contractor or service provider, regardless of the location.
(b) Time to Report.
(1) A report of a death shall be made to local law enforcement immediately, but no later than one (1) hour of the discovery or notification of the death; and
(2) A report of a death shall be made to the Commission immediately, but no later than four (4) hours from the discovery or notification of the death.
(c) Methods for Reporting Death.
(1) The initial report shall be made by phone to law enforcement;
(2) The initial report shall be made by phone or e-mail to the Commission using the toll-free number as designated by the Commission; and
(3) Within 24 hours of the report by phone of the death of a juvenile the completed Incident Report Form shall be submitted to the Commission by fax or e-mail.
§358.620.Custodial Death Investigation in a Facility.
Upon the death of a juvenile residing in a facility, the administrator shall:
(1) In accordance with Texas Code of Criminal Procedure Article 49.18(b) conduct an investigation of the death; and
(2) The investigation shall be conducted in accordance with §358.700 of this chapter.
§358.640.Custodial Death Investigation Report.
Upon the conclusion of the internal investigation of the custodial death of a juvenile in a facility, the administrator shall:
(1) In accordance with Texas Code of Criminal Procedure Article 49.18(b), file a written report of the cause of death with the state Attorney General no later than 30 days after the juvenile's death;
(2) Submit a copy of the death investigation report in paragraph (1) of this section to the Commission within 10 calendar days of completion; and
(3) Complete an internal investigation report in accordance with §358.800 of this chapter.
§358.660.Custodial Death Investigation in a Department or Program.
Upon the death of a juvenile in custody that occurs in a department or program as described under §358.600(a) of this chapter, the administrator or designee shall:
(1) Initiate an internal investigation in accordance with §358.700 of this chapter; and
(2) Upon the conclusion of the internal investigation, complete an internal investigation report in accordance with §358.800 of this chapter.
§358.680.Non-Custodial Death Investigation in a Department or Program.
Upon the death of a juvenile not in custody that occurs in a department or Program as described under §358.600(a) of this chapter, the administrator or designee shall:
(1) Initiate an internal investigation in accordance with §358.700 of this chapter; and
(2) Upon the conclusion of the internal investigation, complete an internal investigation report in accordance with §358.800 of this chapter.
§358.700.Internal Investigation.
(a) Investigation Requirement. An internal investigation shall be conducted by a person qualified by experience or training to conduct a comprehensive investigation in cases in which an incident of abuse, neglect, exploitation or death is alleged to have occurred. The effective date of this subsection shall be September 1, 2009.
(b) Policy and Procedure. Departments, programs and facilities shall have written policies and procedures for conducting internal investigations of allegations of abuse, neglect, exploitation and death.
(c) Conducting the Investigation. The internal investigation shall be conducted in accordance with the policies and procedures of the department, program or facility.
(d) Initiation of Investigation. The internal investigation shall be initiated immediately upon the administrator or designee gaining knowledge of the alleged abuse, neglect, exploitation or death. However, the initiation of the internal investigation shall be postponed if:
(1) Directed by law enforcement;
(2) Requested by the Commission; or
(3) Initiating the internal investigation compromises the integrity of a potential crime scene.
(e) Timeframe for Internal Investigation. The internal investigation shall be completed within 30 business days of the initial report to the Commission. The Commission may extend this timeframe upon request. If an extension is granted, the Commission may request submission of all information compiled to date or a statement of the status of the investigation.
§358.720.Reassignment or Administrative Leave During the Internal Investigation.
(a) Upon gaining knowledge of an alleged incident of abuse, neglect or exploitation, and until the finding of the internal investigation is determined, the administrator or designee shall immediately place on administrative leave or reassign to a position having no contact with the alleged victim, relatives of the alleged victim, or other juveniles, any person alleged to have abused, neglected or exploited a juvenile.
(b) If during the internal investigation the person(s) alleged to have abused, neglected or exploited a juvenile resigns or is terminated from employment, the Commission shall be notified no later than the second business day after the resignation or termination.
(c) If an individual under subsection (b) of this section obtains employment in another jurisdiction prior to the finding of the internal investigation being determined, the person(s) under investigation shall not be placed in a position having any contact with any juveniles until the disposition of the internal investigation is finalized in the county of previous employment.
§358.740.Written and Electronically Recorded Statements.
During the internal investigation, diligent efforts shall be made to obtain written or electronically recorded oral statements from all persons with direct knowledge of the alleged incident.
§358.760.Juvenile Board Responsibilities.
If the administrator is the person alleged to have abused, neglected or exploited a juvenile and the administrator is the highest ranking department, program or facility official, the juvenile board shall:
(1) Conduct the internal investigation in accordance with §358.700 of this chapter; or
(2) Appoint an individual to conduct the internal investigation in accordance with §358.700 of this chapter who is not one of the following:
(A) The person alleged to have abused, neglected or exploited a juvenile;
(B) A subordinate of the person alleged to have abused, neglected or exploited a juvenile; or
(C) A law enforcement officer currently acting in the capacity as a criminal investigator for the alleged incident of abuse, neglect, exploitation or death of a juvenile.
§358.780.Corrective Measures.
At the conclusion of the internal investigation, the governing board, the juvenile board, administrator or designee shall take appropriate corrective measures, if warranted, that may include, but are not limited to:
(1) A review of the policies and procedures pertinent to the alleged incident;
(2) Revision or modification of any policies or procedures as needed;
(3) Administrative disciplinary action or appropriate personnel actions against all persons found to have abused, neglected or exploited a juvenile; and
(4) The provision of additional training for all appropriate persons to ensure the safety of the juveniles, employees, interns, volunteers, contractors and service providers.
§358.800.Internal Investigation Report.
An internal investigation report shall be completed at the conclusion of all internal investigations resulting from an alleged incident of abuse, neglect, exploitation or death of a juvenile.
§358.820.Internal Investigation Report Components.
The internal investigation report shall include:
(1) The date the internal investigation was initiated;
(2) The date the internal investigation was completed;
(3) The date the alleged victim's parent, guardian or custodian was notified of the allegation, or documentation that diligent efforts to provide the notification were made;
(4) A summary of the original allegation;
(5) Relevant policies and procedures related to the incident;
(6) A summary or listing of the steps taken during the internal investigation;
(7) A written summary of the content of all oral interviews conducted;
(8) A listing of all evidence collected during the internal investigation, including all audio and/or video recordings, polygraph examinations, etc.;
(9) Relevant findings of the investigation that support the disposition;
(10) The assigned disposition of the internal investigation:
(A) Founded;
(B) Unfounded; or
(C) Inconclusive.
(11) The administrative disciplinary action or corrective measures taken to date, if applicable (e.g., termination, suspension, retrained, returned to duty or none, etc.);
(12) The date the internal investigation report was completed;
(13) The names of all persons who participated in conducting the internal investigation; and
(14) The name and signature of the person who submitted the internal investigation report.
§358.840.Submission of Internal Investigation Report.
(a) A copy of the internal investigation report shall be submitted to the Commission within five calendar days following its completion.
(b) The following documentation collected during the internal investigation shall be submitted to the Commission with the internal investigation report:
(1) Written statements;
(2) Relevant medical documentation, if the release is authorized by law;
(3) Training records, if applicable; and
(4) Any other documentation used to reach the disposition of the internal investigation.
§358.900.Cooperation with Commission Investigation.
(a) The juvenile board, administrator or designee shall fully and promptly cooperate with a Commission investigation of an alleged incident of abuse, neglect, exploitation or death of a juvenile by providing all evidence requested by the Commission in the format requested.
(b) All persons shall fully cooperate with any investigation of an alleged incident of abuse, neglect, exploitation or death of a juvenile.
(c) The juvenile board, administrator or designee shall make a diligent effort to identify and make available for questioning all persons with knowledge of the alleged incident of abuse, neglect, exploitation or death which is the subject of a Commission investigation.
§358.920.Redaction of Records.
(a) Request for Redaction. The subject of investigation may request that his or her identifying information be redacted from the Commission's records if:
(1) The Commission's final disposition of the case in which the subject of investigation was involved is "Ruled Out";
(2) The subject of investigation submits the request for redaction in writing to the Commission's Legal Division;
(3) The subject of investigation submits the request for redaction within 30 calendar days of the last day of the corresponding limitation period described in subsection (b) of this section;
(4) The subject of investigation has been continuously employed within the Texas juvenile justice system for the time period as specified in subsection (b) of this section; and
(5) The subject of investigation has not been named as the subject of investigation in a subsequent case of abuse, neglect or exploitation.
(b) Limitation Periods. A request for redaction may only be made if all requirements of subsection (a) of this section are met and if:
(1) Two years has expired from the date of the Commission's final disposition of "Ruled Out", and if, notwithstanding a violation of the Texas Administrative Code, the investigation of the alleged abuse, neglect or exploitation did not produce evidence of a violation of laws of this state or of the United States;
(2) Three years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation does not meet the elements of paragraph (1) or (3) of this subsection; or
(3) Five years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation involved serious physical abuse as defined by §358.100(23) of this chapter or sexual conduct as defined by §358.100(24) - (26) of this chapter.
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 12, 2009.
TRD-200900133
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 1, 2009
For further information, please call: (512) 424-6710