37 TAC §348.110
The Texas Juvenile Probation Commission adopts amended §348.110,
concerning written policy and procedure in the reporting and handling of cases
of child abuse and/or neglect in juvenile justice alternative education programs.
Section 348.110 is adopted without changes to the proposed text as published
in the February 4, 2000, issue of the
Texas Register
(25 TexReg 700) and will not be republished.
TJPC adopts this rule in an effort an effort to conform with changes made
during the 76th Texas Legislative Session to Chapter 261 of the Texas Family
Code regarding the reporting of child abuse and neglect incidents to the Texas
Juvenile Probation Commission in all juvenile justice programs and facilities.
The following public comments were received:
Section 348.110(j) Abuse or Neglect
PUBLIC COMMENT: Public comment was received on the proposed language dealing
with those persons alleged to be a perpetrator of child abuse or neglect in
the JJAEP. The recommendation was made to strike "to a position having no
contact with children" because of the potential for lack of staff on duty
to cover all matters of instruction and supervision. It is believed that this
language should be at the discretion of the local program.
AGENCY RESPONSE: The board considered this recommendation at its March
17, 2000, meeting and adopted the rule as written. There is no recommended
change to the proposed standard. The proposed language is identical to TJPC
standards §343.2 and §344.2 for pre and post adjudication facilities
and was developed to protect the departments and provide discretion and latitude
in the development of their internal investigation procedures. Depending on
the department's procedures, staff removals may be minimal and short term
depending on the situation. In response to false allegations of abuse or neglect,
such incidents should be reported to law enforcement according to the Texas
Family Code 261.107 to minimize false accusations.
PUBLIC COMMENT: Public comment was received and it was requested that the
terms "victim" and "perpetrator" in all corresponding standards and the TJPC
Incident Report Form should be replaced with the terms "complainant" and "subject".
The terms perpetrator and victim imply that the accused is guilty and that
injury and harm has in fact occurred.
AGENCY RESPONSE: The board considered this recommendation at its March
17, 2000, meeting and adopted the rule as written. There is no recommended
change to the proposed standard. The proposed terms "alleged victim" and "alleged
perpetrator" are terms consistent with the language used by the other Health
and Human Service Agencies including Department of Protective and Regulatory
Services.
PUBLIC COMMENT: Public comment was received relating to an "alleged" perpetrator
being put on administrative leave or reassigned. This language takes away
any discretion by the department as to actions it deems appropriate in a reported
incident or the validity of such a complaint. In addition, small counties
will be unable to find qualified replacements to continue the education process
if a teacher is removed in every instance of an allegation.
AGENCY RESPONSE: The board considered this recommendation at its March
17, 2000, meeting and adopted the rule as written. There is no recommended
change to the proposed standard. The proposed language is identical to TJPC
standards §343.2 and §344.2 for pre and post adjudication facilities.
This language was developed to protect the departments and provide discretion
and latitude in the development of their internal investigation procedures.
Depending on the department's procedures, staff removals may be minimal and
short term depending on the situation.
PUBLIC COMMENT: Public comment was received regarding the potential for
an "outbreak" of allegations made because there would be a lack of staff to
continue the program with an alleged perpetrator be reassigned or placed on
administrative leave.
AGENCY RESPONSE: The board considered this recommendation at its March
17, 2000, meeting and adopted the rule as written. There is no recommended
change to the proposed standard. The proposed language is identical to TJPC
standards §343.2 and §344.2 for pre and post adjudication facilities.
This language was developed to protect the departments and provide discretion
and latitude in the development of their internal investigation procedures.
Depending on the department's procedures, staff removals may be minimal and
short term depending on the situation. In response to false allegations of
abuse or neglect, such incidents should be reported to law enforcement according
to the Texas Family Code 261.107 to minimize false accusations.
These standards are adopted under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 21, 2000.
TRD-200002056
Lisa Capers
Deputy Executive Director & General Counsel
Texas Juvenile Probation Commission
Effective date: April 10, 2000
Proposal publication date: February 4, 2000
For further information, please call: (512) 424-6710