Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.34
The Texas Youth Commission (TYC) proposes an amendment to §81.34,
concerning Notice of Youth Confessions. The amendment to the section clarifies
reporting requirements. A report of a confession of child abuse does not need
to be made if it is determined from existing documentation that the youth's
statement has already been referred to DPRS or a law enforcement agency and
the report includes no new information; if the statement only relates to conduct
that resulted in the youth's commitment to TYC; or if it only relates to conduct
that resulted in a previous juvenile court adjudication or other disposition.
Don McCullough, Acting Assistant Deputy Executive Director for Financial
Support, has determined that for the first five-year period the section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be further clarification of when reports of
a youth confession of child abuse. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. No private real property rights are affected
by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to adopt policies
and make rules appropriate to the proper accomplishment of its functions.
The proposed rule affects the Human Resource Code, §61.034.
§81.34. Notice of Youth Confessions of Child Abuse.
(a) - (b)
(No change)
(c)
Reporting.
(1)
A TYC staff member or volunteer who has cause
to believe, based on information provided by a youth in a TYC operated facility
or contract care program, that the youth is responsible for abusing or neglecting
a child or children some time in the past when the youth was not in a TYC
operated facility or contract care program, must report that information,
not later than the 48th hour after the hour the staff member first receives
it, to DPRS, to a state or local law enforcement agency, or to the person's
appropriate TYC supervisor.
(2)
A report does not need to be made If it
is determined from existing documentation that the youth's statement:
(A)
has already been referred to DPRS or a law enforcement
agency by an agency supervisor and the new report includes no new information;
(B)
relates only to conduct that resulted in the youth's commitment
to TYC; or
(C)
relates only to conduct that resulted in a previous juvenile
court adjudication, deferred prosecution or disposition without referral to
court.
(d) - (e)
(No change)
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 April 27, 2001.
TRD-200102431
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6301
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.67
The Texas Youth Commission (TYC) proposes an amendment to §,87.67
concerning Corsicana Stabilization Unit (CSU). The amendment to the section
changes a definition for admission criteria to read "youth's behavior" versus
"dysfunction". Added to admission criteria is that a youth may be admitted
to the CSU if the youth is currently placed in a specialized emotionally disturbed
program and requires frequent segregation from other youth to control disruptive
or maladaptive behavior as evidenced by ten or more security admissions in
a three month period or five security admission in a 30 day period. Added
to the 96 hour review process is the provision if admission appropriateness
cannot be determined during the 96 hour mental status review hearing, the
youth may be temporarily admitted for diagnostic and assessment purposes as
long as the panel concludes the youth does exhibit evidence of psychiatric
dysfunction; the youth has exhibited recent behavior that presents a danger
to self or others, or chronic failure to progress in prior placement; the
youth is in need of a comprehensive psychiatric and psychological evaluation
in a specialized setting; and the CSU is the least restrictive setting in
which the evaluation may be accomplished. Also added to this process is that
youth temporarily admitted for diagnostic and assessment purposes will have
a comprehensive mental health assessment completed and will be released from
the unit within 45 days of arrival, unless the youth is admitted for treatment
up to 90 additional days through a new mental health status review hearing.
Changes to the extension criteria include the youth must continue to exhibit
symptoms of mental illness and would benefit from treatment in the CSU and
continued treatment in that setting is deemed to be in the youth's best interest.
All language regarding voluntary extensions has been deleted from all sections.
Minor grammatical changes were made throughout the rule.
Don McCullough, Acting Assistant Deputy Executive Director for Financial
Support, has determined that for the first five-year period the section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be a more efficient method of operating a highly
structured program designed for youth with severe emotional disturbances.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed. No
private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to provide psychiatric
treatment as necessary.
The proposed rule affects the Human Resource Code, §61.034.
§87.67.Corsicana Stabilization Unit.
(a)
Purpose. The purpose of this rule is to establish, for
psychiatrically disturbed
Texas Youth Commission (TYC)
[
(b)
Applicability.
(1)
The mental health status review due process procedures
are found in (GAP) §95.71 of this title (relating to Mental Health Status
Review Hearing Procedure).
(2)
See (GAP) §95.55 of this title, (relating to Level
II Hearing Procedure).
(3)
See (GAP) §95.51 of this title (relating to Level
I Hearing Procedure).
(4)
For emergency mental health placements, see (GAP) §87.71
of this title (relating to Emergency Mental Health Admission).
(c)
Admissions.
(1)
Admission Criteria. Youth who may be admitted to the
CSU
[
(A)
youth demonstrates serious dysfunction in behavior, judgment,
thinking, or mood; and
(B)
the dysfunction is the result of a current neurological
deficit and/or emotional disturbance and/or psychiatric disorder, e.g. psychosis,
major affective disorder, organic disorder, or anxiety disorder; and the dysfunction
is not the result of a primary conduct disorder or antisocial personality
disorder; and
(C)
the
youth's behavior
[
(D)
the youth is placed in a specialized
emotionally disturbed (ED) program and requires frequent segregation from
other youth to control disruptive or maladaptive behavior as evidenced by
ten or more security admissions in a three month period or five or more security
unit admissions in a 30 day period; and
(E)
[
(2)
Admission Process.
(A)
Referrals. Complete current psychiatric and psychological
evaluations by a licensed psychiatrist and a psychologist must be included
in order to be considered. Referral information should be sent directly to
the stabilization unit admissions panel.
(B)
Emergency Referrals. If an emergency exists, procedures
in (GAP) §87.71 of this title (relating to Emergency Mental Health Admission)
must be followed. Consistent with emergency criteria, staff may request of
the superintendent immediate placement of the youth in the
CSU
[
(3)
96 Hour Admission Review Process. A mental health status
review hearing shall be held for all youth within 96 hours of arrival at the
unit. If the 96 hour period ends on a Saturday, Sunday or Legal Holiday, the
hearing must be held on the next regular working day. The hearing is held
to determine whether criteria for unit admission have been met.
(A)
If the youth is deemed not to be appropriate for admission,
he/she is not retained in the program. Youth who are not admitted are returned
to the referring program/location.
(B)
If the youth is deemed appropriate for admission, he/she
is retained and treated in the program.
(C)
If the youth's treatment needs
and appropriateness for admission cannot be determined during the 96 hour
mental status review hearing, the youth may be temporarily admitted for diagnostic
and assessment purposes provided the hearing panel concludes:
(i)
the youth does exhibit evidence of psychiatric
dysfunction; and
(ii)
the youth has exhibited recent behavior that
presents a danger to self or others or chronic failure to progress in his/her
prior placement; and
(iii)
the youth is in need of comprehensive psychiatric
and psychological evaluation in a specialized setting; and
(iv)
the CSU is the least restrictive setting in
which to effectively accomplish this evaluation.
(D)
Youth temporarily admitted
for diagnostic and assessment purposes will have a comprehensive mental health
assessment completed and will be released from the unit within 45 days of
arrival, unless the youth is admitted for treatment up to 90 additional days
through a new mental health status review hearing.
(d)
Program Requirements.
(1)
The program focus will be on stabilization of the psychiatric
dysfunction.
(2)
Services are provided in a self-contained unit at the TYC
Corsicana Residential Treatment Center.
(3)
An individualized treatment program reflecting treatment
goals and objectives shall be developed for and with each youth.
(4)
The treatment team shall review the youth's progress weekly.
(5)
By the end of 90 days from the date of the admission due
process hearing, a youth shall be returned to the referring source or referred
to CPU for appropriate placement unless an extension becomes effective at
that time.
(e)
Extension of Time Beyond 90 Days to Treat the Psychiatric
Dysfunction.
(1)
Extension Criteria. Extension may occur if criteria are
met.
(A)
Youth continues to meet admission criteria; and
(B)
the youth's treatment plan has been implemented appropriately;
or
[
(C)
if the youth has symptoms of
mental illness and will benefit from treatment in the CSU and continued treatment
in this setting is deemed to be in the youth's best interest.
(2)
Extension Due Process Requirements.
(A)
the due process required to determine whether extension
criteria have been met is:
(i)
a level I hearing for all youth on parole. Parole is not
revoked.
(ii)
a mental health status review hearing for all non-parole
youth.
(B)
The due process hearing shall be conducted:
(i)
two weeks immediately preceding the youth's 90th day from
the admission hearing or two weeks preceding the anniversary date of the latest
extension hearing unless the youth is being considered for transition out
of the unit before the end of the initial 90 day stay or latest extension
hearing;
(ii)
as soon as the youth returns to the unit if
he/she
[
(3)
The Effect of an Extension.
(A)
Extension shall be in effect only if extension criteria
are found in a due process hearing.
(B)
An extension granted means that the period of time, beyond
the initial 90 day stay, during which a youth may be treated for a psychiatric
dysfunction under rules of this policy, shall be extended for up to 12 months
from the date of the extension due process hearing. Successive extension hearings
may be held.
(4)
Release and Transition Options.
(A)
The treatment team shall determine by majority vote that
the youth is ready to leave the stabilization unit. The criteria for deciding
releases must be consistent with the criteria for deciding admission or extension.
(B)
Release options are consistent with the youth's residential
placement at referral. Youth on institutional status will be transitioned
through a Residential Treatment Program unless recommended otherwise by the
treatment team.
(C)
The extension of time to treat the psychiatric dysfunction
shall be terminated when placement is no longer needed for the primary purpose
of treatment of the dysfunction.
(D)
Following termination of the extension, future placement
decisions, including the youth's return to
his/her
[
(E)
No youth may be discharged from TYC jurisdiction directly
from a
CSU
[
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 April 26, 2001.
TRD-200102420
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6301
37 TAC §87.79
The Texas Youth Commission (TYC) proposes an amendment to §87.79,
concerning Discharge of Mentally Ill and Mentally Retarded Youth. The amendment
to the section changes one phrase in the discharge eligibility criteria. Removed
from the criteria is the statement regarding the mental illness not stabilizing.
It will now read that a licensed psychologist or psychiatrist must determine
that the mental illness is the reason for the youth's inability to engage
in productive interaction as required by the agency's resocialization program.
Don McCullough, Acting Assistant Deputy Executive Director for Financial
Support, has determined that for the first five-year period the section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be a better defined method of determining when
a youth would be eligible for discharge due to mental illness. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.077
and §61.0772 , which provides the Texas Youth Commission with the authority
to examine and appropriately discharge youth with mental illnesses or mental
retardation.
The proposed rule affects the Human Resource Code, §61.034.
§87.79.Discharge of Mentally Ill and Mentally Retarded Youth.
(a) - (d)
(No change.)
(e)
Discharge Eligibility Criteria.
(1)
Youth with a mental illness who are unable to progress
in rehabilitation programs and therefore shall be discharged are those who
meet the following criteria:
(A)
the youth has completed the initial minimum length of stay;
(B)
the youth has been diagnosed with a primary brain disorder
(e.g., psychotic disorder, bipolar disorder, major depression, organic disorder,
or
severe neurological deficit);
(C)
a licensed psychologist and/or psychiatrist has determined
[
(D)
a licensed psychologist and psychiatrist has determined
that as a result of mental illness, the youth:
(i)
is likely to cause serious harm to himself; or
(ii)
is likely to cause serious harm to others; or
(iii)
will, if not treated for the mental illness, continue
to suffer severe and abnormal mental, emotional, or physical distress, will
continue to experience deterioration of his ability to function independently,
and is unable to make a rational and informed decision as to whether or not
to submit to treatment.
(2)
Youth with mental retardation who are unable to progress
in rehabilitation programs and therefore, shall be discharged, are those who
meet the following criteria:
(A)
the youth has completed the initial minimum length of stay;
(B)
the youth has been diagnosed with an IQ below 62.5 with
accompanying deficits in adaptive behavior;
(C)
a licensed psychologist and/or psychiatrist has determined
that the mental retardation is the reason for the youth's inability to engage
in productive interaction as required by the agency's resocialization program;
and
(D)
a licensed psychologist and/or psychiatrist has determined
that because of retardation, the youth:
(i)
represents a substantial risk of physical impairment or
injury to himself or others; or
(ii)
is unable to provide for and is not providing for his/her
most basic personal physical needs.
(f)
(No change.)
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 April 26, 2001.
TRD-200102421
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6301
37 TAC §93.33
The Texas Youth Commission (TYC) proposes an amendment to §93.33,
concerning Alleged Mistreatment. The amendment to the section will outline
specific guidelines for release of a category 1 alleged mistreatment report.
If the decision authority relies on evidence from this report to take disciplinary
action, the employee disciplined may request a copy of the report. The report
must be edited to protect the confidentiality of staff witnesses if the employee
being disciplined is receiving a disciplinary action less than termination.
The decision authority has discretion of whether or not to release the names
of staff witnesses when the decision authority determines it is necessary
for the fair resolution of contested facts.
Don McCullough, Acting Assistant Deputy Executive Director for Financial
Support, has determined that for the first five-year period the section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be a specific protocol for how reports containing
confidential information are distributed. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the section as proposed. No private real property rights are
affected by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
and be responsible for the welfare, custody and rehabilitation of youth.
The proposed rule implements the Human Resource Code, §61.034.
§93.33.Alleged Mistreatment.
(a) - (f)
(No change)
(g)
A category 1 alleged mistreatment report is confidential
and not subject to release under Chapter 552 of the Government Code. However,
in the furtherance of the administration of justice, any evidence relied upon
by a
decision authority
[
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 April 26, 2001.
TRD-200102424
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.21
The Texas Youth Commission (TYC) proposes an amendment to §95.21,
concerning Aggression Management Program. The amendment to the section contains
minor grammatical changes throughout the rule for clarification purposes.
Added to the eligibility criteria is the requirement that a youth is eligible
for the AMP if the youth has committed an assault with bodily injury on three
separate occasions over a 90-day period, and each assault was committed after
a hearing and disposition had been made. Other changes were made requiring
the facility psychiatrist to review admission decisions for youth with a psychiatric
history. Also added to the rule is that a current mental health assessment
indicates there is no therapeutic contraindication to placement in the AMP.
For consistency and clarification purposes it was added that a youth is eligible
for admission to AMP once a finding of true has been made for eligible conduct
via a level I or II hearing. A clarification was made that the admission review
committee has discretion whether or not to approve admission into AMP for
a youth that has substantially completed a placement in a behavior management
program with no incidents of aggression. Changes were made in the mental health
review section. A provision was included to allow youth with neurological
psychiatric and/or emotional problems be temporarily admitted to the Corsicana
Stabilization Unit (CSU) for diagnostic purposes to determine appropriate
placement in AMP or CSU. A psychologist or psychiatrist may recommend that
a youth be released from AMP for mental health reasons with approval from
the director of clinical services of the facility. A provision for a youth
to appeal a placement decision to AMP was also added.
Don McCullough, Acting Assistant Deputy Executive Director for Financial
Support, has determined that for the first five-year period the section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be more defined criteria for the youth placed
in the AMP to be truly aggressive youth with no pervasive mental health problems.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed. No
private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to permit the
youth under jurisdiction, liberty under supervision, order the youth's confinement
under conditions it believes best designed for the youth's welfare and interest
of the public.
The proposed rule affects the Human Resource Code, §61.034.
§95.21.Aggression Management Program.
(a)
Purpose. The purpose of this rule is to provide criteria
for removing from the general population youth assigned to a Texas Youth Commission
(TYC) institution for dangerously aggressive behavior and placing a youth
in the Aggression Management Program (AMP). The goal of the program is to
safely manage and treat the aggressive behavior in a self-contained unit.
The AMP program will be used for youth who have not been responsive to other
less restrictive interventions and pose a continuous threat of danger to other
youth and/or staff. The AMP is a highly structured program designed to address
aggressive behavior modification and provide a system of graduated reintegration
into the general population. Placement in the
AMP
[
(b)
Authorized Facilities.
(1)
The McLennan County State Juvenile Corrections Facility
(MCSJC) in Mart, Texas is the only facility authorized to administer the AMP.
(2)
TYC contract programs shall not develop an AMP. TYC contract
programs shall not place TYC youth residing in the contract program in the
TYC AMP program.
(c)
Eligibility Criteria.
Any youth,(other than females
or sentenced offenders eligible for transfer to the Institutions Division
of the Texas Department of Criminal Justice (TDCJ)), are eligible for the
AMP if at the youth's current institutional placement:
[
(1)
a level I or II hearing
[
(2)
the youth committed, attempted to commit, or helped someone
else [
(A)
assault resulting in substantial bodily injury
(involving
more than a passing discomfort or fleeting pain); or
[
(B)
an assault causing bodily injury
on three separate occasions over a 90-day period and each assault was committed
after a level I or II hearing disposition had been made.
(C)
[
(D)
[
(3)
If the disposition at the
level I or II hearing
[
[
The following are specifically
disqualified from placement in the AMP.]
[
females;]
[
sentenced offenders who are
eligible for transfer to the Institutions Division of the Texas Department
of Criminal Justice.]
(d)
Admission Decision Process
[
(1)
The local AMP Admission Review Committee at the
MCSJC
facility
[
(2)
The AMP Admission Review Committee shall approve admission
to the AMP based on the following considerations.
(A)
Current mental health assessment that indicates there
is no therapeutic contraindication to placement in the AMP,
[
(B)
documentation
[
(C)
a finding of true of eligible
conduct in a level I or II hearing.
(3)
The AMP Admission Review Committee shall not approve admission
to the AMP for a youth who was placed in BMP pending admission to AMP if the
maximum length of stay assigned for that BMP placement has been completed.
(4)
The AMP Admission Review Committee
has discretion
whether or not to
[
(5)
Priority is given to youth with the most dangerous, recent
and chronic aggressive behavior, greater frequency of the use of weapons,
and older age.
(e)
Release from AMP.
(1)
Program Completion Requirements.
(A)
Youth are released from AMP upon successful completion
of requirements:
(i)
stages I through V of the AMP [
(ii)
phase II of the resocialization program.
(I)
stage I. Youth must complete a minimum of 15 consecutive
days without an aggressive act or credible threat of one; and
(II)
stages II - V. Youth must:
(-a-)
complete a minimum of 30 consecutive days on each stage
without an aggressive act or credible threat of one; and
(-b-)
have 30 days on each stage of program compliance; and
(-c-)
phase II of the resocialization program.
(B)
Program compliance is defined as completion of the resocialization
phases (phase components) required for each of the stages as specified in
this policy.
(i)
Progress is based on successful completion of the ICP objectives
established in each of the five stages of AMP.
(ii)
Progress is assessed by the AMP treatment team consisting
of the youth's Primary Services Worker (PSW), [
(iii)
The treatment team will staff youth weekly to review
progress in the behavioral and treatment objectives.
(iv)
The treatment team will determine the appropriate stage
for each youth using compliance with ICP objectives as the criteria. A youth
may be retained on or promoted to the next stage based on completing ICP objectives.
However, youth may be assigned to a lower stage based only on specific acts
of aggressive behavior. The treatment team shall document the reasons used
to support their decisions and may make recommendations for modification of
the treatment objectives or strategies.
(v)
The treatment team will conduct assessments to determine
the youth's resocialization phase at least every 30 days.
(C)
The AMP treatment team will determine when a youth has
successfully completed all the criteria for release from the AMP, and the
youth shall be released from AMP.
(D)
The superintendent or designee will determine whether the
youth will be permanently assigned to the MCSJC general campus program or
be referred for placement elsewhere. If the youth is to be transferred, the
superintendent or designee will refer the case to the Centralized Placement
Unit (CPU) for placement assignment.
(2)
Mental Health Review
[
(A)
Youth with neurological, and/or
emotional disturbance, and/or psychiatric disorder may be temporarily admitted
to the Corsicana Stabilization Unit (CSU) pursuant to (GAP) §87.67(c)(3)
of this title (relating to Corsicana Stabilization Unit) for diagnostic purposes
to determine appropriate placement in AMP or CSU.
(B)
Youth may be released from AMP at any time for
mental health reasons based on a recommendation by the AMP psychologist or
psychiatrist and approved by the director of clinical services at
MCSJC
faciltiy
[
(f) - (i)
(No change)
(j)
Appeal. The youth shall be
notified in writing of his/her right to appeal to the executive director.
See (GAP) §93.53 of this title (relating to Appeal to Executive Director).
The pendency of an appeal shall not preclude implementation of the decision.
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 April 26, 2001.
TRD-200102422
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6301
37 TAC §111.45
The Texas Youth Commission (TYC) proposes an amendment to §111.45,
concerning 1st Choice Recycled-Content Products. The amendment to the section
makes a change of when a justification letter is needed. A 1st Choice justification
letter is not required when the combined total purchase on a single order
is equal to or less than $150.00.
Don McCullough, Acting Assistant Deputy Executive Director for Financial
Support, has determined that for the first five-year period the section is
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be compliance with General Services Commission
standards. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Sherma Cragg, Chief of Policy
and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the broad rule-making authority;
Texas Government Code, §2155.448 and Texas Administrative Code §113.136
and §113.137, which requires state agencies to adopt the GSC rule.
The proposed rule implements the Human Resource Code, §61.034.
§111.45.1st Choice Recycled-Content Products.
(a)
(No change)
(b)
Explanation of Terms Used.
(1)
Recycling Market Development Board (RMDB)--The RMDB is
charged with pursing an economic development strategy that focuses on the
state's waste management priorities including development of recycling industries
and markets. The RMDB consists of the agency heads of the General Services
Commission (GSC), the Texas Natural Resources Conservation Commission (TNRCC),
the Texas Department of Transportation (TDOT), the Texas General Land Office
(TGLO), and the Texas Department of Economic Development (TDED).
(2)
1st Choice Recycled-Content Products--designated by the
RMDB as the default and preferred recycled purchase items for state agencies.
The RMDB will add to the list of 1st Choice recycled-content products on an
annual basis.
(3)
Virgin Counterpart--products defined in 1st Choice recycled-content
products which are not recycled, remanufactured, or environmentally sensitive
commodities or services.
(4)
Justification Letter--deviations from 1st Choice products
require a letter to GSC justifying the purchase of the virgin equivalent product(s)
prior to acquiring the item(s). Factors for deviations are cost, quality,
not available, and other reasons.
A 1st Choice justification letter
is not required when the combined total purchase on a single purchase order
is equal to or less than $150.00.
(c) - (h)
(No change)
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 April 26, 2001.
TRD-200102423
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6301
Chapter 341.
TEXAS JUVENILE PROBATION COMMISSION STANDARDS
The Texas Juvenile Probation Commission proposes new chapter 341 rules
relating to Texas Juvenile Probation Commission standards. The proposed standards
provide structural and substantive changes from the current standards.
Erika Sipiora, Staff Attorney, has determined that for the first five year
period the amendments are in effect, there will be no fiscal implications
for state or local government or small businesses as a result of enforcement
or implementation.
Ms. Sipiora has also determined that for each year of the first five years
the amendment is in effect, the public benefit expected as a result of enforcement
will be the consistent standards to all counties across the State of Texas
which will provide TJPC with a more accurate account in evaluating the effectiveness
and services provided within the juvenile probation system. There will be
no impact on small business or individuals as a result of the amendments.
Public comments on the proposed amendments may be submitted to Kristy M.
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
Subchapter A. DEFINITIONS
37 TAC §341.1
These standards are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new standards. Subchapter
A. Definitions.
§341.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Chief Administrative Officer--regardless of title, the
person hired by a juvenile board who is responsible for oversight of the day-to-day
operations of a juvenile probation department or a multi-county juvenile judicial
district.
(2)
Commission--the Texas Juvenile Probation Commission
(3)
Courtesy Supervision--practice where a juvenile probation
department agrees to supervise a juvenile who is under the jurisdiction of
another county's juvenile probation department.
(4)
Financial Records--any documentation associated with the
expenditure of state dollars that would be required to substantiate a purchase.
(5)
Fiscal Officer--county or district auditor or treasurer
or their designee provided the designee is a qualified accountant or bookkeeper.
(6)
Internal Controls--the process designed to provide reasonable
assurance regarding the achievement of objectives in the following categories:
effectiveness and efficiency of operations, reliability of financial reporting,
safeguarding of assets and compliance with laws and regulations.
(7)
Juvenile Justice Program--a non-residential program operated
for the benefit of juveniles referred to a juvenile probation department that
is either directly administered by the juvenile probation department, or is
operated under contract with a juvenile board. A juvenile justice program
does not include any program operated in a facility that is licensed or operated
by a state agency other than the Texas Juvenile Probation Commission.
(8)
Mechanical Restraint Devices--devices used for the physical
restraint of juveniles including but not limited to handcuffs, wristlets,
anklets, ankle cuffs, plastic cuffs, restraint chairs, restraint jackets and
waistbands.
(9)
Referral--a referral to the juvenile court for conduct
defined in Texas Family Code Section 51.03 that results in a face-to-face
interview between the juvenile and the authorized staff of the juvenile probation
department.
(10)
State Aid--funds allocated by the Commission to a juvenile
board to assist the board financially in achieving the purposes of Chapter
141 of the Texas Human Resources Code and in conforming to the Commission's
standards or policies.
(11)
Video Training--pre-recorded training materials or conferences.
Video training does not include video teleconferences.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 23, 2001.
TRD-200102353
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.2 - 341.6
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.2.Administration.
(a)
Local juvenile probation services administration.
(1)
The juvenile board shall employ a chief administrative
officer for each autonomous juvenile probation department.
(2)
The juvenile board shall specify the responsibilities and
functions of the juvenile probation department as well as the authority, responsibility,
and function of the position of the chief administrative officer.
(3)
When probation services for adult and juvenile offenders
are provided by a single probation office, the juvenile board shall ensure
that the juvenile probation department policies, programs, and procedures
are clearly differentiated.
(b)
Referral ratio. The juvenile board shall employ at least
one certified juvenile probation officer for each 100 referrals made to the
juvenile probation department annually.
(c)
Compliance with State and Federal Law. The juvenile board
shall abide by and shall ensure that the juvenile probation department abides
by all applicable state, federal and local laws including any applicable standards
promulgated by the Commission.
(d)
Conflict of interest. A juvenile board member shall not
participate in any decision, which would create a pecuniary benefit to the
individual member.
(e)
Participation in Community Resource Coordination Groups.
Juvenile boards shall participate in the system of community resource coordination
groups and the procedures in the memorandum of understanding adopted in §341.157
of this title (relating to Coordinated Services for Multiproblem Children
and Youth). The chair of the juvenile board or a judicial member of the juvenile
board designated by the chair shall serve as representative to the interagency
dispute resolution process described in the memorandum of understanding.
§341.3.Fiscal Responsibilities.
(a)
Fiscal Policies. The juvenile board shall develop and maintain
fiscal policies and procedures. These policies shall include at a minimum
the following subjects: salary provisions, employee benefits, travel and reimbursement
procedures, collection of probation fees and restitution funds, authorized
signatures for disbursements, petty cash and bonding.
(b)
Fiscal Officer. The juvenile board shall assign accounting
responsibility for fiscal affairs to an appropriate county or district fiscal
officer. The fiscal officer shall not be an employee of the juvenile probation
department.
§341.4.Policy and Procedures.
(a)
Personnel Policies. The juvenile board shall adopt written
personnel policies. These personnel policies shall include but not be limited
to:
(1)
a salary scale for all juvenile probation department personnel.
Juvenile probation department personnel shall receive all applicable benefits
and allowances paid to county employees. Salary scale levels shall be reasonable
and comparable with prevailing salaries in the public and private sectors
for similar occupations, educational and professional requirements;
(2)
an annual employee appraisal; and
(3)
an employee grievance procedure.
(b)
Department Policies and Procedures. The juvenile board
shall adopt written department policies and procedures. These policies shall
include but not be limited to:
(1)
intake and preliminary investigation;
(2)
detention;
(3)
transportation including the use of mechanical restraint
devices during transportation;
(4)
deferred prosecution. The deferred prosecution policy shall
at a minimum include the following policies;
(A)
The maximum supervision fee for deferred prosecution cases
is $15.00 per month.
(B)
The monthly fee shall be determined after obtaining a financial
statement from the parent or guardian. The fee schedule shall be based on
total parent/guardian income.
(C)
The Chief Administrative Officer, or the Chief Administrative
Officer's designee shall approve in writing the fee assessed for each child
including any waiver of deferred prosecution fees.
(D)
A deferred prosecution fee shall not be imposed if the
juvenile court does not adopt a fee schedule and rules for waiver of the deferred
prosecution fee.
(5)
pre-disposition reports and social history;
(6)
court procedures;
(7)
sex offender registration under Code of Criminal Procedure
Chapter 62 and sex offender probation under Texas Family Code Section 54.0405;
(8)
progressive sanctions;
(9)
probation supervision including case planning and management;
(10)
restitution;
(11)
community service restitution;
(12)
courtesy supervision;
(13)
probation modification/revocation;
(14)
residential placements
(15)
TYC commitments and transportation;
(16)
discharge procedures, exit plans and sealing information;
(17)
Interstate Compact;
(18)
Juvenile Justice Information System;
(19)
Volunteers and Interns. If a juvenile probation department
has or develops a volunteer or internship program, the juvenile board at a
minimum shall adopt the following polices for the volunteer program:
(A)
a description of the authority, responsibility and accountability
of volunteers who work with the department;
(B)
screening including performing a criminal history check
in accordance with §341.40 (a) and (b);
(C)
selection and termination criteria;
(D)
orientation and training requirements;
(E)
a requirement that volunteers meet minimum professional
requirements; and
(F)
a provision for a volunteer sign in log; and
(20)
Mechanical Restraints Devices used in Juvenile Justice
Programs. The mechanical restraint devices policy shall at a minimum include
the following policies:
(A)
Mechanical restraints shall only be used by a law enforcement
officer, certified juvenile probation officer, certified detention officer,
or certified correctional officer.
(B)
Mechanical restraint devices shall not be used for punishment,
discipline, or intimidation.
(C)
The use of mechanical restraint devices shall be fully
documented.
(D)
Use of a mechanical restraint device shall be terminated
as soon as the youth's behavior indicates that threat of imminent self-injury
or injury to others are absent.
(21)
Victims Rights. Policies and procedures shall afford victims
their rights under Texas Family Code, Chapter 57.
(c)
Annual Review. The juvenile board shall review all of its
policies and procedures on an annual basis.
§341.5.Facilities and Support Services.
(a)
Minimum facilities. Adequate office space shall be provided
for all juvenile probation personnel. There shall be a private office or a
place for interviewing and counseling clients. Each office shall have adequate
lighting, air conditioning, heating, telephones, furniture, equipment, and
square footage to provide services. The location of the juvenile probation
facility and other field offices shall be reasonably accessible to children,
families, and the general community.
(b)
Minimum Support Services. Juvenile probation officers shall
have adequate support services and staff in order to carry out their duties
and responsibilities.
§341.6.Waiver to Standards.
(a)
Who May Request. Unless expressly prohibited by another
standard, the juvenile board, or chief administrative officer may make an
application for waiver of any standard or standards adopted by the Commission.
If the chief administrative officer makes a request for waiver, the chief
administrative officer shall in writing notify the juvenile board of the request
simultaneous with the request's submission to the Commission.
(b)
Contents of Request. The written request for waiver shall:
(1)
explain why said standard or standards cannot be complied
with immediately;
(2)
explain the impact the waiver if granted, would have on
other standards; and
(3)
provide a plan to ensure compliance within a period not
to exceed one year including where applicable how the health and safety of
juveniles would be maintained during the duration of the waiver.
(c)
Length of Waiver. Waivers granted by Commission staff under
this section shall not exceed one year. The juvenile board may request one
subsequent waiver.
(d)
Review of Request. In the event a request for waiver is
denied, the juvenile board, or chief administrative officer may request a
review by the Commission. The review of the waiver request shall occur at
the next regularly scheduled Commission meeting.
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 April 23, 2001.
TRD-200102354
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.13 - 341.17
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.13.Administrative Manual.
(a)
The chief administrative officer shall maintain an administrative
manual for the juvenile probation department. The administrative manual shall
include:
(1)
the policies, procedures, and regulations of the juvenile
probation department as adopted by the juvenile board; and
(2)
a current organizational chart depicting structure, lines
of authority, and responsibility.
(b)
The chief administrative officer shall provide all employees
with a copy of or access to the administrative manual, update the manual on
an annual basis and enforce all policies in the manual.
§341.14.Identification.
The chief administrative officer shall furnish each juvenile probation
officer with proper official identification.
§341.15.Supervision.
The chief administrative officer shall ensure that all juveniles given
court ordered probation or deferred prosecution are supervised by a certified
juvenile probation officer.
§341.16.Treatment and Safety.
(a)
Serious Incidents. The chief administrative officer shall
report the death, attempted suicide, and any serious injury that requires
medical treatment by a physician or physician's assistant that occurs in a
juvenile justice program or juvenile probation department within 24 hours
of discovering the incident.
(b)
Child Abuse and Neglect. The chief administrative officer
shall ensure that any allegation of abuse or neglect occurring in a juvenile
justice program or juvenile probation department is reported to the Commission
within 24 hours of having cause to believe a child has been abused or neglected.
The chief administrative officer shall also ensure that a report is made to
local law enforcement in accordance with Texas Family Code Chapter 261.
(1)
Internal Investigation. The chief administrative officer
shall maintain written policy and procedure requiring an internal investigation
of all allegations of child abuse or neglect in the department or any juvenile
justice program.
(A)
The policy shall require:
(i)
all staff members to fully cooperate with any investigation
of alleged child abuse or neglect in the department or program;
(ii)
any person alleged to be a perpetrator of child abuse
or neglect be put on administrative leave or reassigned to a position having
no contact with children in the department or program until the conclusion
of the internal investigation;
(iii)
the alleged perpetrator have no contact with the alleged
victim(s) pending the conclusions of the internal investigation.
(B)
At the conclusion of the internal investigation of child
abuse or neglect, the chief administrative officer shall take appropriate
measures to provide for the safety of children.
(C)
The chief administrative officer shall submit a copy of
the internal investigation to TJPC within 2 working days following the completion
of the internal investigation.
(D)
In the event the chief administrative officer is alleged
to be a perpetrator of child abuse or neglect, the juvenile board shall :
(i)
conduct the internal investigation or appoint an individual
who is not an employee of the juvenile probation department to conduct the
internal investigation; and
(ii)
place the chief administrative officer on administrative
leave, or ensure the chief administrative officer has no contact with children
in the department or juvenile justice program until the conclusion of the
internal investigation.
(2)
Treatment and Safety. The chief administrative officer
shall ensure that juveniles under supervision of the juvenile probation department
or participating in a juvenile justice program shall not be subjected to abuse
or neglect as defined in Chapter 261, Texas Family Code.
§341.17.Participation in Community Resource Coordination Groups.
The chief administrative officer or the chief administrative officer's
designee shall serve as the liaison to the community resource coordination
group in accordance with the memorandum of understanding relating to coordinated
services for multiproblem youth adopted in §341.157.
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 April 23, 2001.
TRD-200102355
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.24 - 341.31
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.24.Accounting.
Under the guidance of the juvenile board or chief administrative officer,
the fiscal officer shall oversee the business affairs of the department utilizing
generally accepted accounting principles and best business practices.
§341.25.Interest on State Funds.
The fiscal officer shall ensure that state funds are held in an interest
bearing account that provides for necessary protection of principle. Interest
earnings on state funds shall be accounted for separately and expended for
the sole benefit of the juvenile probation department.
§341.26.Purchasing.
The fiscal officer shall ensure that purchases made for the juvenile
probation department are made in accordance with county procurement procedures.
The fiscal officer shall ensure that written contracts are executed by the
juvenile board or its designee with any public and private service provider
where services are purchased in whole or in part with any funds received from
the Commission.
§341.27.Expenditure of State Funds.
The fiscal officer shall ensure that all program activities and expenditures
of state funds are consistent with the purposes outlined in the budget documents
of all applicable financial agreements with the Commission.
§341.28.Internal Controls.
The fiscal officer shall establish and maintain the internal controls
for the juvenile probation department. The fiscal officer shall ensure that
all employees with access to monies are bonded.
§341.29.Financial Reporting.
The fiscal officer is responsible for completion and submission of
the following in accordance with Commission guidelines:
(1)
quarterly expenditure reports for grant funds received
from the Commission;
(2)
annual certification of local expenditure reports;
(3)
annual independent financial compliance audit of all funds
received from the Commission; and
(4)
other financial reports as requested by the Commission.
§341.30.Refunds to the Commission.
(a)
The fiscal officer shall ensure that TJPC is reimbursed
immediately for each dollar of unallowable costs if unallowable expenditures
are discovered by any means.
(b)
Unspent grant funds at the end of each contract period
shall be returned to the Commission.
§341.31.Records Retention.
The fiscal officer shall ensure that financial records are retained
and made available for inspection by the Commission for a minimum of three
years after the end of the applicable contract period.
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 April 23, 2001.
TRD-200102356
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.38 - 341.42
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.38.Qualifications for Employment.
(a)
Certified juvenile probation officer qualifications for
employment shall adhere to the Texas Human Resources Code §141.061(a)
and any additional standards promulgated by the Commission.
(b)
One Year of Graduate Study Defined. The phrase "one year
of graduate study," in Texas Human Resources Code §141.061(a)(3)(A),
is interpreted to mean at least 18 post-graduate credit hours earned in a
behavioral science field with certification from the school of enrollment
attesting that the student has an acceptable scholastic standing. The fields
of graduate study presently approved by the Commission are: criminology; corrections,
counseling, law, social work, psychology, sociology, cultural anthropology,
business management, public administration, and education.
(c)
Internships. Internships may be counted toward meeting
one year's experience, where the duties performed were related to the field
of juvenile justice.
§341.39.Exemption from Qualifications.
(a)
The juvenile board, or chief administrative officer shall
apply to the Commission for exemption of the requirements of one year of experience
or graduate study prior to the employment of any individual who is hired for
the position of juvenile probation officer. If the chief administrative officer
makes a request for exemption under this section, the chief administrative
officer shall in writing notify the juvenile board of the request simultaneous
with the request's submission to the Commission.
(b)
The exemption request shall be made using the form provided
by the Commission. The exemption request shall document that diligent efforts
were made to employ a probation officer with one year of experience or graduate
study and state why, in their opinion, the efforts were unsuccessful.
§341.40.Criminal Records Check.
Prior to employing a person as a certified juvenile probation officer,
supervisor of juvenile probation officers, or chief administrative officer,
the chief administrative officer or juvenile board shall conduct and have
returned a criminal history check in accordance with the following guidelines:
(1)
The following criminal history checks shall be conducted:
(A)
a Texas criminal history background search (TCIC);
(B)
a local law enforcement sex offender registration records
check in the city or county where the application was made; and
(C)
a Federal Bureau of Investigation fingerprint based criminal
history background search (NCIC).
(2)
In addition to the requirements of (a), if the applicant
currently resides in one of the following states, or resided in one of the
following states within the 10 years prior to the date the employment application
was made, a state criminal history background search and state sex offender
registration check shall also be conducted where available:
(A)
Hawaii
(B)
Kansas;
(C)
Kentucky;
(D)
Louisiana;
(E)
Maine;
(F)
Massachusetts;
(G)
New Hampshire;
(H)
Rhode Island;
(I)
Tennessee;
(J)
Vermont; and
(K)
the District of Columbia;
(3)
An Internet based criminal background search shall not
be used to conduct the background searches required under (a)(1) or (b)(1).
§341.41.Disqualification from Employment.
(a)
A person who within the last ten years has been convicted
of or placed on deferred adjudication for a felony offense under the laws
of this State, another State, or the United States, is currently on either
felony probation or parole, ,or who is registered as a sex offender under
Chapter 62, Texas Code of Criminal Procedure is not eligible for employment
as a juvenile probation officer. A request for waiver under §341.6 of
this title may not be requested for this section unless the person received
a pardon based upon proof of innocence.
(b)
An individual whose certification has been revoked by the
Commission shall never qualify for employment as juvenile probation officer.
An individual whose certification is currently under a suspension order issued
under §341.88(d)(2) shall not qualify for employment as a juvenile probation
officer so long as the suspension order remains in effect. An individual whose
certification is currently under a suspension order issued under §341.109(a)
shall not qualify for employment as a juvenile probation officer until the
Commission receives an order issued under Texas Family Code Section 232.013
staying or vacating the license suspension.
§341.42.Applicability.
This subchapter applies to all individuals hired on or after the effective
date of this subchapter. Section 341.40(a)(3) does not become effective until
September 1, 2002.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 23, 2001.
TRD-200102357
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.48 - 341.53
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.48.Persons Who Must be Certified.
The chief administrative officer of a juvenile probation department,
and any person hired as a juvenile probation officer, or as a supervisor of
juvenile probation officers shall obtain and maintain an active juvenile probation
officer certification from the Commission.
§341.49.Certification.
(a)
Eligibility. A person twenty-one years of age or older,
including the chief administrative officer, is eligible for certification
as a juvenile probation officer when the person:
(1)
meets the eligibility requirements under §341.38 of
this title, or has received an exemption under §341.39;
(2)
has completed 40 hours of certification training in accordance
with §341.60 of this title;
(3)
has not within the past ten years been convicted or placed
on deferred adjudication for a felony against the laws of this state, another
state, or the United States, is not currently on felony probation or parole,
or is not registered as a sex offender under Chapter 62, Texas Code of Criminal
Procedure. A request for waiver under §341.6 of this title may not be
requested for this requirement unless the person received a pardon based upon
proof of innocence;
(4)
is not currently under an order of certification suspension
issued under §341.88(d)(2) or §341.109(a); and
(5)
has never had certified juvenile probation officer certification
revoked under §341.88(d)(3) or §341.103(d).
(b)
Certification Procedures.
(1)
Juvenile Probation Officers and Supervisors of Juvenile
Probation Officers. The chief administrative officer or the chief administrative
officer's designee shall submit a certification application to the Commission
for all juvenile probation officers and supervisors of juvenile probation
officers. The certification application shall include verification that a
criminal history check conducted in accordance with § 341.40 (a) and
(c) has been returned within the 60 days prior to submitting the certification
application. If the certification applicant currently resides outside of Texas,
then the criminal history verification shall also include verification that
a criminal history background check was conducted in accordance with §341.40(b)
and returned within 60 days prior to submitting the certification application.
A copy of the criminal history check shall be retained in the juvenile probation
department's records.
(2)
Chief Administrative Officers. The chairman of the juvenile
board shall submit the chief administrative officer's certification application
to the Commission. The certification application shall include verification
that a criminal history check conducted in accordance with §341.40 (a)
and (c) has been returned within the 60 days prior to submitting the certification
application. If the certification applicant currently resides outside of Texas,
then the criminal history verification shall also include verification that
a criminal history background check was conducted in accordance with §341.40(b)
and returned within 60 days prior to submitting the certification application.
A copy of the criminal history check shall be retained in the juvenile probation
department's records.
(c)
Length of Certification. A certification is valid for two
years from the date of approval.
(d)
Reinstatement of Certification after Suspension.
(1)
An individual whose certification has been suspended under §341.88(d)(2)
of this title may apply for certification once the suspension period has expired
and the individual meets the certification eligibility requirements listed
under subsection (a) of this section.
(2)
An individual whose certification has been suspended under §341.109(a)
of this title may apply for certification once TJPC has received an order
issued under Texas Family Code Section 232.013, which either vacates or stays
the suspension order and the individual meets the certification eligibility
requirements listed under subsection (a) of this section.
§341.50.Recertification.
(a)
Eligibility. A certified juvenile probation officer, including
a supervisor of juvenile probation officers and the chief administrative officer,
is eligible for recertification if the officer:
(1)
has not within the past 10 years been convicted or placed
on deferred adjudication for a felony offense against the laws of this state,
the laws of another state or the laws of the United States is not currently
on felony probation or parole, or is not registered as a sex offender under
Chapter 62, Texas Code of Criminal Procedure. A request for waiver under §341.6
of this title may not be requested for this requirement unless the person
received a pardon based upon proof of innocence; and
(2)
has within the two years from the date of the certification's
or recertification's approval completed 80 hours of recertification training
in accordance with §341.61 of this title; and
(3)
does not currently have juvenile probation officer certification
suspended under §341.88(d)(2) or §341.109(a).
(4)
If the person applying for re-certification is the chief
administrative officer, 20 hours of the required recertification training
shall be in management and supervisory skills.
(b)
Recertification Procedures.
(1)
Submission. The chief administrative officer or the chief
administrative officer's designee shall submit a recertification application
to the Commission for all certified juvenile probation officers and supervisors
of juvenile probation officers. The juvenile board, or the juvenile board's
designee shall submit the chief administrative officer's recertification application.
(2)
Timeline for Submission. Unless a request for extension
has been made under paragraph (4) of this subsection, the recertification
application shall not be sent more than 30 days before or 60 days after the
certification expiration date.
(3)
Verification of Criminal History. All recertification applications
shall include verification that a criminal history check was conducted in
accordance with §341.40 (a) and (c) and returned within the 60 days prior
to submitting the certification application. If the recertification applicant
currently resides outside of Texas, then the criminal history verification
shall also include verification that a criminal history background check was
conducted in accordance with §341.40(b) and returned within 60 days prior
to submitting the certification application. A copy of the criminal history
check shall be retained in the juvenile probation department's records.
(4)
Extension.
(A)
Requests for Extension. The juvenile board, the chief administrative
officer or either's designee may request an extension of time to allow a certified
juvenile probation officer additional time to meet the recertification eligibility
requirements listed in subsection (a) of this section or for the submission
of recertification applications listed in paragraph (2) of this subsection.
The request shall include an explanation showing cause why an extension is
needed.
(B)
Grants of Extension. Commission staff may grant an extension
for a period not to exceed 90 days from the date the certification expired.
(C)
Failure to complete the training or submission requirements
within the extension period shall result in the Commission's denial of the
recertification application. In the event the recertification application
is denied, an applicant may apply for certification under §341.49.
(c)
Length of Recertification. A recertification is valid for
two years from the date of expiration of the previous certification or recertification.
§341.51.Transfer of Certification.
(a)
Notification Upon Resignation or Termination. The chief
administrative officer, the juvenile board or either's designee shall notify
the Commission within 7 working days after a certified juvenile probation
officer, including the chief administrative officer, resigns or is terminated
from employment.
(b)
Inactive Certifications. Upon receipt of notice under subsection
(a) of this section, the Commission shall place the probation officer's, supervisor
of juvenile probation officer's or chief administrative officer's certification
on inactive status. A person may not perform the duties of a juvenile probation
officer, including those duties listed under §341.68 of this title, while
on inactive status.
(c)
Transfer of Certification. When a person with an inactive
certification obtains employment as a juvenile probation officer, supervisor
of juvenile probation officer's or a chief administrative officer, the juvenile
board, the chief administrative officer or either's designee may request a
transfer of certification to active status. The request for certification
transfer shall be in writing and shall include a verification that a criminal
history check was conducted in accordance with §341.40 (a) and (c) and
returned within the 60 days prior to submitting the transfer request. If the
transfer applicant currently resides outside of Texas, then the criminal history
verification shall also include verification that a criminal history background
check was conducted in accordance with §341.40(b) and returned within
60 days prior to submitting the certification application. A copy of the criminal
history check shall be retained in the juvenile probation department's records.
(d)
Expiration of Certification while on Inactive Status. If
a juvenile probation officer's or chief administrative officer's certification
expires while on inactive status, the officer will not be eligible for transfer
of certification. A juvenile probation officer, supervisor of juvenile probation
officers or chief administrative officer whose certification expires while
on inactive status may apply for certification after obtaining employment
with a juvenile probation department and meeting the eligibility requirements
listed under §341.50.
(e)
Transfer of Training Records. The chief administrative
officer, or juvenile board shall forward a certified juvenile probation officer's,
a supervisor of juvenile probation officer's or chief administrative officer's
training records, upon a request from the chief administrative officer or
juvenile board in the county where the certified juvenile probation officer's
certification was transferred.
§341.52.Expiration of Certification While under Certification Suspension Order.
(a)
An individual whose certification expires while under a
certification suspension order issued under §341.88(d)(2) of this title
may apply certification once the suspension period has expired and the individual
meets the certification eligibility requirements listed under §341.49(a).
(b)
An individual whose certification expires while under a
certification suspension order issued under §341.109(a) of this title
may apply for certification once TJPC has received an order issued under Texas
Family Code Section 232.013, which either vacates or stays the suspension
order and the individual meets the certification eligibility requirements
listed under §341.49(a).
§341.53.Applicability.
Except for §341.50(a)(4) of this title this subchapter applies
to all certification and re-certifications received on or after the effective
date of this subchapter. Any felony conviction or deferred prosecution occurring
before the effective date of this subchapter will not disqualify a juvenile
probation officer who held an active certification on the subchapter's effective
date from receiving a recertification under this subchapter. Section 341.50(a)(4)
of this title does not become effective until September 1, 2002.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 23, 2001.
TRD-200102358
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.58 - 341.62
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.58.Training Hours.
In accordance with §341.60 and §341.61, all training intended
to count toward certification and recertification requirements shall be approved
by Commission staff. TJPC reserves the right to refuse to grant approval for
training hours that do not comply with the guidelines under this subchapter.
No more than 40 training hours in one topic may count toward certification
or recertification. No more than 15 hours of video training may count toward
certification requirements. No more than 30 hours of video training may count
toward recertification requirements.
§341.59.Training Hours for Trainers.
An individual who provides approved juvenile probation officer training
under §341.58 of this title may claim up to 20 hours training credit
for each hour of course development. A trainer may only claim course development
one time per course topic per certification or recertification period. It
is not a requirement under this section that the individual claiming training
hours be employed by a juvenile probation department as a trainer.
§341.60.Certification Training.
A person applying for certification as a juvenile probation officer,
a supervisor of juvenile probation officers, or a chief administrative officer
shall have completed 40 hours of certification training within the first 18
months from the person's date of hire with a juvenile probation department.
Certification Training shall include but not be limited to the following subjects:
(1)
role of the juvenile probation officer;
(2)
case planning and management;
(3)
officer safety;
(4)
transportation;
(5)
juvenile law;
(6)
courtroom proceedings and presentation;
(7)
law enforcement processing;
(8)
local programs and services including access procedures;
(9)
interagency collaborations and memoranda of understanding;
(10)
code of ethics, disciplinary and revocation hearing procedures.
§341.61.Recertification Training.
(a)
Juvenile Probation Officers and Supervisors of Juvenile
Probation Officers. A certified juvenile probation officer or supervisor of
juvenile probation officers, shall receive 80 hours of recertification training
every two years.
(b)
Chief Administrative Officers shall receive 80 hours of
recertification training every two years. Twenty of the 80 recertification
hours shall be in management and supervisory skills.
(c)
Nature of Training. Recertification training shall be related
to job responsibilities or the field of juvenile justice. A three-hour graduate
course in any approved field of study listed in §341.38(b) of this title
shall count as 40 hours of recertification training.
(d)
Training hours provided in addition to the initial 40 hours
required for certification shall be counted towards the initial recertification
training requirements if the certification application is complete and all
deficiencies are corrected within 60 days of the date the application is first
received by the Commission. In the event the Commission does not notify the
juvenile probation department about a deficiency in a certification application
within 30 days from the date the Commission received the application, the
Commission shall give the juvenile probation department an additional 30 days
from the date the department was notified by the Commission to correct any
deficiency.
§341.62.Applicability.
This subchapter applies to all training hours accrued on or after the
effective date of this subchapter. The twenty hours of management and supervisory
skills training required under §341.61(b) is not applicable until September
1, 2002.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 23, 2001.
TRD-200102359
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §341.68
The new section is proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by this new section.
§341.68.Duties of Certified Juvenile Probation Officers.
In addition to any duties, responsibilities or powers granted by Title
III of the Texas Family Code, the following duties and responsibilities shall
be performed by only certified juvenile probation officers:
(1)
representation of the juvenile probation department in
all formal court proceedings;
(2)
final approval of written social history reports;
(3)
acting as the primary supervising officer for all court
ordered and deferred prosecution cases;
(4)
writing and administering case plans in accordance with
the Commission's Case Management Standards;
(5)
completing any assessment instrument required to be completed
by law or Commission standards; and
(6)
if authorized by the juvenile court under Texas Family
Code Section 53.02, conducting intake interviews, investigations, and making
release decisions.
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 April 23, 2001.
TRD-200102360
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §341.75
The new section is proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by this new section.
§341.75.Code of Ethics.
The people of Texas expect of juvenile probation officers, supervisors
of juvenile probation officers, and chief administrative officers unfailing
honesty, respect for the dignity and individuality of human beings, and a
commitment to professional and compassionate service. To this end the Commission
subscribes to the following principles.
(1)
Juvenile Probation Officers shall:
(A)
respect the authority and follow the directives of the
court, recognizing at all times that they are an extension of the court;
(B)
respect and protect the civil and legal rights of all children
and their parents;
(C)
serve each case with concern for the child's welfare and
with no purpose of personal gain;
(D)
encourage relationships with colleagues of such character
to promote mutual respect within the profession and improvement of its quality
of service;
(E)
respect the significance of all elements of the justice
and human services systems and cultivate a professional cooperation with each
segment;
(F)
respect and consider the right of the public to be safeguarded
from juvenile delinquency;
(G)
be diligent in their responsibility to record and make
available for review any and all case information which could contribute to
sound decisions affecting a client or the public safety;
(H)
report without reservation any corrupt or unethical behavior
which could affect either a child or the integrity of the department;
(I)
maintain the integrity of private information and not seek
personal data beyond that needed to perform their responsibilities, nor reveal
case information to anyone not having proper professional use for such;
(J)
respect, serve and empathize with the victims of law violations
allegedly committed by children;
(K)
abide by all federal, state, and local laws and Commission
standards.
(2)
Juvenile Probation Officers shall not:
(A)
use their official position to secure privileges or advantages;
make statements critical of colleagues or their departments unless these are
verifiable and constructive in purpose;
(B)
permit personal interest to impair in the least degree
the objectivity which is to be maintained in their official capacity;
(C)
use their official position to promote any partisan political
purpose;
(D)
accept any gift or favor of a nature to imply an obligation
that is inconsistent with the free and objective exercise of professional
responsibilities;
(E)
make appointments, promotions or dismissals in furtherance
of partisan political interests;
(F)
maintain an inappropriate relationship with juveniles assigned
to their caseload, supervised by the juvenile probation department, or coming
under the jurisdiction of the juvenile court. An inappropriate relationship
can include but is not limited to: bribery, solicitation or acceptance of
gifts, favors, or services from juveniles or their families, and the appearance
of an inappropriate relationship;
(G)
not discriminate against any employee, prospective employee,
child, child care provider, or parent on the basis of age, race, sex, creed,
disability, or national origin.
(H)
be designated as a perpetrator in a TJPC child abuse and
neglect investigation conducted under the authority of Texas Family Code Chapter
261, and Title 37 Texas Administrative Code Chapter 349 .
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 April 23, 2001.
TRD-200102361
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.82 - 341.92
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.82.Request for Disciplinary Hearing.
Unless the standards in Subchapter K of this chapter (relating to Mandatory
Certification Revocation or Mandatory Certification Suspension) apply, the
chief administrative officer or juvenile board may forward a copy of an internal
investigation based on a code of ethics violation to the Commission. The internal
investigation shall serve as a request for a disciplinary hearing. If the
chief administrative officer makes the request for a disciplinary hearing,
the chief administrative officer shall in writing notify the juvenile board
of the request simultaneous with the request's submission to the Commission.
§341.83.Notifications Made to the Commission.
In the event the Commission or Commission staff receive notice from
an individual or entity other than the chief administrative officer or juvenile
board that a certified juvenile probation officer, or the chief administrative
officer has violated the code of ethics, Commission staff shall notify in
writing the chief administrative officer and the local juvenile board. Upon
receipt of notification from the Commission, the chief administrative officer,
or the juvenile board may conduct an internal investigation and may make a
request for a disciplinary hearing in accordance with §341.82 of this
title.
§341.84.Effect of Request for Disciplinary Hearing .
When the Commission receives a request for disciplinary hearing under §341.82
of this title, the Commission shall give the officer alleged to have committed
an ethics violation written notice and an opportunity for a hearing conducted
by the Commission in accordance with the procedures set out below.
§341.85.Procedure for Hearings.
Hearings under this section shall be conducted pursuant to the Administrative
Procedure Act, Texas Government Code Annotated, Chapter 2001. The Commission
shall have the power to take depositions, administer oaths or affirmations,
examine witnesses, receive evidence, conduct hearings and issue subpoenas
or summons. Nothing in this subchapter precludes the Commission from making
an informal disposition, including entering into an agreed order, as provided
by the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
§341.86.Notice.
(a)
The Commission shall provide a minimum of 10 days notice
to the certified juvenile probation officer or chief administrative officer
subject to a disciplinary hearing. Notice shall be sent by certified mail
return receipt requested.
(b)
The notice shall include:
(1)
a statement of the time, place, and nature of the hearing;
(2)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(3)
a reference to the particular sections of the statutes
and rules involved; and
(4)
a short plain statement of the matters asserted.
§341.87.Right to Counsel.
An individual subject to a disciplinary hearing under this subchapter
is entitled to the assistance of counsel during the revocation hearing. The
officer may expressly waive the right to the assistance of counsel. The officer
may also be represented by a designated person. Written notice at least five
days in advance of the hearing shall be given by each party intending to be
represented, including the name of the representative. Failure to give such
notice may result in postponement of the hearing.
§341.88.Disciplinary Hearing.
(a)
The juvenile probation officer, chief administrative officer
or his/her representative, shall be given the opportunity to show compliance
with the code of ethics and all requirements of the law, including Commission
standards.
(b)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the chief
administrative officer, their representatives and such witnesses as may be
called in attendance, unless the officer requests that it be open. Witnesses
may be excluded from the hearing until is it their turn to present evidence.
(c)
The conduct of the hearing shall be under the Commission
chairman's control, and in general, shall be conducted in accordance with
the following steps:
(1)
The hearing shall begin with the presentation of investigatory
findings by the designated Commission staff, supported by such proof as is
deemed necessary.
(2)
The officer may cross-examine any witnesses for the Commission;
(3)
The officer may then present such testimonial or documentary
proof as desired in rebuttal or in support of the contention that the code
of ethics has not bee violated;
(4)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal testimony of the officer's witnesses;
(5)
Each party may make closing arguments;
(6)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(d)
Ruling by the Commission. The Commission may consider only
such evidence as is presented at the hearing, if the Commission determines
that the evidence presented is insufficient, the Commission may ask for additional
information from the officer or chief administrative officer, or Commission
staff and may ask questions on their own motion. After all the evidence has
been presented, the Commission must determine whether the allegation against
the officer is supported by substantial evidence. Based on the Commission's
ruling the Commission may assign one of the following dispositions:
(1)
Reprimand. The Commission may issue a written reprimand
of the juvenile probation officer, supervisor of juvenile probation officers,
or chief administrative officer.
(2)
Suspension. The Commission may suspend the certification
of a juvenile probation officer, supervisor of juvenile probation officers,
or chief administrative officer for a specified period not to exceed 24 months.
(3)
Revocation. The Commission may permanently revoke the certification
of the juvenile probation officer, supervisor of juvenile probation officers,
or chief administrative officer.
(e)
Notice of Disposition. The Commission shall notify an individual
whose conduct was the subject of a disciplinary hearing. The Commission may
notify the individual either in person or in by certified mail return receipt
requested. The notice of disposition shall include:
(1)
which acts or omissions by the officer, if any violated
the code of ethics;
(2)
a statement of the evidence relied upon;
(3)
a statement of which section or sections of the code of
ethics, if any, were violated by the acts or omissions of the officer;
(4)
the commission's dispositional ruling concerning the officer's
certification; and
(5)
the officer's right to rehearing and appeal.
§341.89.Motion for Rehearing.
An individual wishing to appeal the Commission's ruling may file a
motion for rehearing with the Commission no later than the 20th day after
receiving notice of the revocation. The Commission shall rule on the Motion
for Rehearing no later than the 45th day after receiving the motion.
§341.90.Judicial Review.
A person whose certification has been revoked and whose motion for
rehearing has been denied by the Commission is entitled to judicial review
of the Commission's Action.
§341.91.Record.
The Commission shall create a record for each hearing conducted. The
record shall include:
(1)
the request for disciplinary hearing received under §341.82
of this title;
(2)
the transcript of the hearing, which may take the form
of the minutes of the Commission meeting;
(3)
any documentary proof submitted during the hearing;
(4)
all staff memoranda and documentation submitted to the
Commission in making its decision;
(5)
a copy of the final order issued by the Commission;
(6)
any motions for rehearing;
(7)
the Commission's ruling on any motions for rehearing.
§341.92.Release of Information.
Upon request, the Commission shall release information relating to
a disciplinary hearing conducted under this subchapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 23, 2001.
TRD-200102362
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.98 - 341.109
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.98.Duty to Notify.
(a)
The chief administrative officer, the juvenile board or
either's designee shall in writing request a certification revocation from
the Commission within 10 working days after obtaining notice that a certified
juvenile probation officer, or chief administrative officer has been convicted
or given deferred adjudication for any felony based on the laws of this state,
the laws of another state or the laws of the United States, or who received
a conviction or deferred adjudication that requires registration as a sex
offender under Chapter 62, Texas Code of Criminal Procedure. Notice provided
under this section constitutes a request for certification revocation.
(b)
A request for waiver under §341.6 of this title may
not be requested for this section unless the certified juvenile probation
officer, or chief administrative officer received a pardon based upon proof
of innocence.
(c)
Notifications Made to Commission. In the event the Commission,
or Commission staff receive notice from an individual or entity other than
the Chief administrative officer, juvenile board or their respective designees
that a certified juvenile probation officer, or chief administrative officer
has been convicted or given deferred adjudication for any felony based on
the laws of this state, the laws of another state, or the laws of the United
States, or received a conviction or deferred adjudication that requires registration
as a sex offender under Chapter 62, Texas Code of Criminal Procedure. Commission
staff shall in writing notify the Chief administrative officer or the juvenile
board. Upon receiving notice from Commission staff the Chief administrative
officer, or juvenile board shall request certification revocation in accordance
with subsection (a) of this section.
(d)
Commission Initiated Revocations. The Commission shall
initiate mandatory certification revocation proceedings if the Commission
discovers through a Commission monitoring visit or other compliance audit
that an individual currently certified by the Commission does not meet the
requirements under either §341.49 or §341.50 of this title.
§341.99.Effect of Notification.
Upon receipt of request for certification revocation or a Commission
initiated revocation under §341.92 of this title, the Commission shall
conduct a hearing for certification revocation at the next regularly scheduled
board meeting.
§341.100.Procedure for Certification Revocation Hearings.
Hearings for revocation under this section shall be conducted pursuant
to the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001. The Commission shall have the power to take depositions, administer
oaths or affirmations, examine witnesses, receive evidence, and conduct hearings
and issue subpoenas or summons. Nothing in this subchapter precludes the Commission
from making an informal disposition, including entering into an agreed order,
as provided by the Administrative Procedure Act, Texas Government Code Annotated,
Chapter 2001.
§341.101.Notice.
(a)
The Commission shall provide a minimum of 10 days notice
to the certified juvenile probation officer or chief administrative officer
subject to a revocation hearing. Notice shall be sent by certified mail return
receipt requested.
(b)
The notice shall include:
(1)
a statement of the time, place, and nature of the hearing;
(2)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(3)
a reference to the particular sections of the statutes
and rules involved; and
(4)
a short plain statement of the matters asserted.
§341.102.Right to Counsel.
An individual subject to a revocation hearing under this subchapter
is entitled to the assistance of counsel during the revocation hearing. The
officer may expressly waive the right to the assistance of counsel. The officer
may also be represented by a designated person. Written notice at least five
days in advance of the hearing shall be given by each party intending to be
represented, including the name of the representative. Failure to give such
notice may result in postponement of the hearing.
§341.103.Revocation Hearing.
(a)
The juvenile probation officer, chief administrative officer
or his/her representative, shall be given the opportunity to show compliance
with the code of ethics and all requirements of the law, including Commission
standards.
(b)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the chief
administrative officer, their representatives and such witnesses as may be
called in attendance, unless the officer requests that it be open. Witnesses
may be excluded from the hearing until is it their turn to present evidence.
(c)
The conduct of the hearing shall be under the Commission
chairman's control, and in general, shall be conducted in accordance with
the following steps:
(1)
The hearing shall begin with the presentation of findings
by the designated Commission staff, supported by such proof as is deemed necessary.
(2)
The officer may cross-examine any witnesses for the Commission;
(3)
The officer may then present such testimonial or documentary
proof as desired in rebuttal or in support of the contention that the officer
has not been convicted or placed on deferred adjudication for a felony, has
not been convicted or given deferred adjudication for an offense that requires
sex offender registration under Chapter 62, Texas Code of Criminal Procedure
or has been pardoned based upon proof of innocence;
(4)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal of the testimony of the officer's witnesses;
(5)
Each party may make closing arguments;
(6)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(d)
Ruling by the Commission. The Commission may consider only
such evidence as is presented at the hearing, if the Commission determines
that the evidence presented is insufficient, the Commission may ask for additional
information from the officer or chief administrative officer, or Commission
staff and may ask questions on their own motion. After all the evidence has
been presented, the Commission shall revoke the officer's certification if
substantial evidence indicates the officer has been convicted or placed on
deferred adjudication for a felony against this state, another state or the
United States, or has been convicted or given deferred adjudication for an
offense that requires registration as a sex offender under Chapter 62 Texas
Code of Criminal Procedure.
(e)
Notice of Disposition. The Commission shall notify an individual
whose conduct was the subject of a revocation hearing of the Commission's
ruling. The Commission may notify the individual either in person or by certified
mail return receipt requested. The notice of disposition shall include:
(1)
the Commission's dispositional ruling
(2)
a statement of the evidence relied upon;
(3)
a statement of which section or sections of the code of
ethics, or other Commission standards, if any, were violated by the acts or
omissions of the officer; and
(4)
the officer's right to rehearing and appeal.
§341.104.Motion for Rehearing.
An individual wishing to appeal the Commission's disposition may file
a motion for rehearing with the Commission no later than the 20th day after
receiving notice of the revocation. The Commission shall rule on the Motion
for Rehearing no later than the 45th day after receiving the motion.
§341.105.Judicial Review.
An individual whose certification has been revoked and whose motion
for rehearing has been denied by the Commission is entitled to judicial review
of the Commission's Action.
§341.106.Record.
The Commission staff shall create a record for each revocation hearing
conducted. The record shall include:
(1)
the initial notification received under §341.98 of
this title;
(2)
the transcript of the revocation meeting which may take
the form of the minutes of the Commission meeting;
(3)
any documentary proof submitted during the hearing;
(4)
all staff memoranda and documentation submitted to the
Commission in making its decision;
(5)
a copy of the final order issued by the Commission;
(6)
any motions for rehearing; and
(7)
the Commission's ruling on any motions for rehearing.
§341.107.Release of Information.
Upon request, the Commission shall release information relating to
a revocation hearing conducted under this subchapter.
§341.108.Applicability.
The mandatory revocation procedures enacted in this subchapter apply
to all felony convictions, felony deferred adjudications, or convictions or
deferred adjudications that require sex offender registration under Chapter
62 Texas Code of Criminal Procedure that occur on or after the effective date
of this subchapter.
§341.109.Mandatory Suspension for Failure to Pay Child Support.
(a)
Upon receipt of an order suspending license for failure
to pay child support issued under Texas Family Code §232.008 or §232.009,
the Commission shall suspend the juvenile probation officer's, supervisor
of juvenile probation officer's or chief administrative officer's certification.
(b)
Notice of Suspension. The Commission shall notify the certified
juvenile probation officer, supervisor of juvenile probation officers, or
the chief administrative officer subject to a suspension order received under
subsection (a) of this section that the agency has formally suspended the
individual's certification. The notice shall also instruct the individual
that he or she may not perform the duties of a certified juvenile probation
officer while the suspension order is in effect. The Commission shall also
notify the chief administrative officer and juvenile board of the employing
juvenile probation department of the suspension.
(c)
Length of Suspension. A certification suspension shall
remain in effect until the Commission receives either an order issued under
Texas Family Code Section 232.013 that vacates or stays the certification's
suspension.
(d)
An individual subject to a suspension order issued under
subsection (a) of this section may not be hired, certified, or recertified
while the suspension order remains in effect. A request for waiver under §341.6
of this title may not be requested for the standards in this section.
(e)
An individual subject to a suspension order issued under
subsection (a) of this section may not appeal the suspension order to the
Commission.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 23, 2001.
TRD-200102363
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §341.113, §341.114
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.113.Notice of Complaint Procedures.
The Commission staff shall prepare and distribute to each juvenile
board with which it contracts a sign describing the procedures for filing
a complaint against the juvenile board with the Commission. The juvenile board
shall post the sign in a public area of the juvenile probation department
and any facility operated by the juvenile board, or operated by a private
entity through contract with the juvenile board.
§341.114.Complaint Process.
When Commission staff receives a written, signed complaint about a
juvenile board, the Commission's staff shall review the circumstances surrounding
the complaint to determine whether the juvenile board has violated the rules
or standards of the Commission.
(1)
If the Commission's staff determines the complaint is about
the juvenile services within the discretion of the juvenile board, the complaint
will be referred to the juvenile board. The complainant shall be notified
of the referral in writing by the Commission.
(2)
If the staff determines the juvenile board has violated
the Commission's rules or standards, it will inform the juvenile board in
writing and give the juvenile board an opportunity to come into compliance.
If, within 90 days of the date on which the juvenile board received written
notice of the Commission's staff determination, the juvenile board does not
propose its own means of achieving compliance which is acceptable to the Commission's
staff, the Commission's staff will propose a solution to the board and attempt
to negotiate a mutually agreeable solution.
(3)
If the Commission's staff and the juvenile board cannot
reach an agreement, the Commission's staff will give the juvenile board written
notice of its intent to refuse, reduce, or suspend state aid, under authority
of the Texas Human Resources Code, §141.085. The juvenile board shall
have 15 days after receipt of the notice to notify the executive director
how it will comply with the Commission's staff's solution, or that it appeals
the staff decision.
(4)
The juvenile board's appeal must be in writing, and must
state specifically its differences of opinion with the Commission's staff
concerning the facts in dispute and the solution necessary under the standards
or rules of the Commission. The appeal must state whether the juvenile board
requests a hearing before the Commission.
(5)
The Commission shall set the appeal on the agenda for its
next regularly scheduled meeting. If the juvenile board has requested a hearing,
the juvenile board and the Commission's staff may appear and make oral presentations
concerning the appeal. If the juvenile board does not request a hearing before
the Commission, the Commission will make its decision based upon the record.
(6)
The complainant shall be notified in writing of the progress
of the investigation and resolution of the complaint at least quarterly until
the complaint is resolved, and shall be notified of the resolution.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 23, 2001.
TRD-200102364
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.121 - 341.125
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.121.Definitions.
The following words or terms, when used in this subchapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Assessment--Assessment is the process by which relevant
and valid information is compiled in order to determine the juvenile's needs,
risk of offending, strengths, and weaknesses. The assessment process is intended
to assist the supervising juvenile probation field officer in developing and
implementing an effective case plan, appropriate level of supervision, and
utilization of appropriate resources.
(2)
Case Planning--Case planning involves the process of determining
the post-adjudication needs of a juvenile. This includes all appropriate and
available assessment and intake information, SJS findings, preliminary investigation
information, family dynamics, school history, and victim impact statements.
A written case plan outlines services to be provided during the juvenile's
term of court ordered probation. Case planning also includes the reassessment,
reevaluation, and review of the juvenile's risks, needs and initial case plan,
in order to make any subsequent changes necessary to best meet the juvenile's
status and circumstances over time.
(3)
TJPC Standard Screening Tool--An instrument provided by
the Texas Juvenile Probation Commission that assesses the juvenile's needs
in the area of mental health.
(4)
Formal Intake Interview--The interview with the juvenile
who is the subject of the referral and the juvenile's parent, guardian or
custodian wherein the intake officer or juvenile probation officer develops
a dispositional recommendation for the juvenile's case. The formal intake
interview occurs subsequent to the formal referral.
(5)
Formal Referral--occurs and should be counted when all
three of the following conditions exist:
(A)
delinquent conduct, conduct indicating a need for supervision
or violation of probation was allegedly committed;
(B)
the juvenile probation department has jurisdiction and
venue; and
(C)
either a face-to-face contact occurs with the office or
official designated by the juvenile board or written or verbal authorization
to detain is given by the office or official designated by the juvenile board.
(6)
Progressive Sanctions Assigned Level--The level of sanctions
actually assigned to a juvenile by the juvenile court that corresponds with
the progressive sanctions guidelines contained in Chapter 59, Texas Family
Code.
(7)
Exit Plan--The exit plan is the written document developed
for each juvenile that identifies the juvenile's needs for post-supervision
reintegration and specifies the community resources available to meet those
needs. The purpose of the exit plan is to facilitate a continuum of community
services to the juvenile and the juvenile's family after probation supervision
ends.
(8)
Strategies in Juvenile Supervision (SJS)--A case assessment
and correctional management process designed to provide a structured method
for gathering and organizing information about the juvenile and translating
that information into appropriate case management strategies.
(9)
Supervision--Supervision involves the case management of
a juvenile by the assigned juvenile probation supervising field officer or
designee through contacts (face to face, telephone, office, home, collateral)
with the juvenile, juvenile's family, and other case planning participants.
(10)
Title IV-E Standards--Standards promulgated by the Texas
Juvenile Probation Commission as detailed in Chapter 347 of this title (relating
to Title IV-E Federal Foster Care Program).
§341.122.Assessment.
(a)
TJPC Standard Screening Tool. TJPC standard screening tool,
shall be completed for all juveniles who receive a formal referral to the
juvenile probation department. If the TJPC standard screening tool has been
completed within the previous two weeks and contained in the juvenile's case
record, the department is not required to complete an additional screening.
(1)
Time of Screening. The TJPC standard screening tool shall
be administered at the formal intake interview.
(2)
Administration of Instrument. The instrument shall be administered
by the officer who conducts the formal intake interview.
(3)
Reports to the Commission. The summary scores of all juveniles
screened using the TJPC standard screening tool and any other information
required by the Commission shall be electronically reported to TJPC on a monthly
basis under § 341.134 (CASEWORKER counties), § 341.140 (non-CASEWORKER
counties), or through a separate database provided by the Commission.
(b)
SJS. A Strategies in Juvenile Supervision (SJS) worksheet
may be completed for all juveniles on court ordered probation. The SJS worksheet
should be completed subsequent to the disposition of the juvenile's case and
shall be completed prior to the formulation of the written case plan. The
juvenile probation supervising field officer should administer the SJS worksheet.
§341.123.Case Planning and Review.
(a)
Case Plan. A written case plan shall be developed and implemented
for juveniles assigned to Progressive Sanctions levels three through five.
The written case plan shall be developed with all appropriate and available
parties present and participating including, but not limited to, the juvenile,
any parent, guardian, or custodian of the child and the supervising juvenile
probation field officer. Written case plans for juveniles assigned to Progressive
Sanctions levels three through five shall be developed within 60 calendar
days of the disposition. The original case plan shall be maintained in the
juvenile's case file. Copies of the written case plan shall be provided to
the juvenile and the juvenile's parent, guardian, or custodian.
(b)
Case Review. It is recommended that written case plans
be reviewed every 90 days after implementation of the initial case plan or
at any time when significant changes take place in the juvenile's situation.
The juvenile and at least one parent, guardian or custodian shall be present
for the case review. The written case plan shall be revised to address any
changes in risks and needs identified during the review process. Upon acceptance
a juvenile's case from other county for courtesy supervision, a review of
the current written case plan shall be conducted by the receiving county in
accordance with this section. All original revised case plans shall be maintained
in the juvenile's case file. Copies of the revised written case plan shall
be provided to the juvenile and the juvenile's parent, guardian, or custodian.
This does not apply to Title IV-E cases, which shall comply with Title IV-E
standards. The case review, with appropriate documentation in the case file,
shall discuss and consider the following:
(1)
Appropriateness of the juvenile's current level of supervision
and services;
(2)
Extent of compliance with the individualized case plan;
(3)
Extent of compliance with the conditions of probation;
(4)
Extent of progress made with the juvenile and family toward
solving or reducing the factors that necessitated the juvenile's placement
on probation;
(5)
A projection of a likely date by which the juvenile may
be ready for court-ordered release from probation supervision; and
(6)
Services accessed, offered or provided to the juvenile
and family to address risks and needs identified on the TJPC standard assessment
tool or equivalent assessment tool.
§341.124.Supervision.
The level of supervision provided to a juvenile by the probation department
shall be defined by the results of the SJS (where applicable), and the juvenile's
written case plan. A minimum of one face to face contact per month with the
juvenile is mandatory unless otherwise noted in the case plan.
§341.125.Exit Plan.
An exit plan is to be provided following the completion of a juvenile's
probation period, unless the juvenile was committed to the Texas Youth Commission.
A written exit plan shall be developed prior to the juvenile's scheduled release
from probation. The written exit plan shall be formulated by all involved
and available parties. The original exit plan shall be placed in the juvenile's
case file. Copies of the exit plan shall be provided to the juvenile and the
juvenile's parent, guardian, or custodian. The exit plan shall include a copy
of the notification given to the juveniles regarding sealing rights as required
by the Texas Family Code §58.003(i).
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 April 23, 2001.
TRD-200102365
Lisa Capers
Deputy Executive Director & General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
1.
CASEWORKER SYSTEMS
37 TAC §§341.132 - 341.137
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.132.Definitions.
The following words or terms, when used during Part I of this subchapter
shall have the following meanings unless the context clearly indicates otherwise.
(1)
CASEWORKER--A personal computer-based tracking and case
management system, developed and supported by the Texas Juvenile Probation
Commission (TJPC), that provides juvenile probation officers a systematic
method to track and manage juvenile offender caseloads.
(2)
Data Coordinator--A person employed by a juvenile probation
department who is designated by the juvenile board to serve and function as
the primary contact with TJPC on all matters relating to data collection and
reporting.
(3)
TJPC Monthly Folder Extract--An automated process to extract
and submit modified case records from the department's CASEWORKER system to
TJPC. The extract created by CASEWORKER follows in accordance with the Electronic
Data Interchange Specifications.
(4)
Comprehensive Folder Edit--A report generated in CASEWORKER
that performs an extensive edit of the folder information. This report identifies
incorrectly entered data, unrecoverable files, and questionable data that
impact the accuracy of the reports and programs.
(5)
Annual Resource Survey--A manual report designed to gather
supplemental data in relation to juvenile activity and the services and/or
programs that are available within the department or community. This report
also captures each department's staff size, salary range and caseload.
(6)
Electronic Data Interchange Specifications--document developed
by TJPC outlining the data fields and file structures that each department
is required to follow in submitting the TJPC monthly folder extract. The Electronic
Data Interchange Specifications are published in Subchapter O, §341.150
of this title.
§341.133.Data Coordinator.
(a)
Designation. Each juvenile board shall designate an employee
of the juvenile probation department to serve as data coordinator to function
as the primary contact with TJPC on all matters relating to data collection,
reporting and the CASEWORKER system. If the designation of the data coordinator
is changed by the juvenile board, TJPC shall be notified in writing within
ten working days.
(b)
Training Requirements. The data coordinator shall have
a thorough understanding of TJPC reporting requirements and shall be trained
on CASEWORKER by TJPC. Within 90 days from date of a new designation as data
coordinator, the new data coordinator shall attend CASEWORKER training provided
by TJPC.
(c)
Duties. The data coordinator is responsible for ensuring
that all data submitted to TJPC by the local juvenile probation department
is accurate, timely, and consistent with TJPC reporting requirements. The
data coordinator shall ensure that the TJPC Monthly Folder Extract is received
on or by the applicable due date.
§341.134.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract shall be sent to TJPC via the Internet.
The extract is due to TJPC on the tenth day of each month following the reporting
period (example: extract of February data is due to TJPC on March 10).
§341.135.Other Reports.
(a)
Annual Resource Survey. All juvenile probation departments
are required to complete the Annual Resource Survey. The report must be completed
in the format provided by TJPC and shall be submitted by January 31 of the
following year for which the resource survey pertains.
(b)
Special Requests. Information from juvenile probation departments
is periodically requested by TJPC. Departments shall comply with these requests,
whether on paper or electronically by e-mail or the Internet, in the format
specified by TJPC.
§341.136.Accuracy of Data.
(a)
Required Fields. The probation department shall fill in
all applicable data fields for each referral in their CASEWORKER system to
minimize missing information.
(b)
Comprehensive Folder Edit. Probation departments shall
run the Comprehensive Folder Edit on a monthly basis.
(c)
Errors. Errors detected by the Comprehensive Folder Edit,
the annual TJPC monitoring visit, or the TJPC Research and Planning Division
upon analysis shall be corrected prior to the next submission of the TJPC
Monthly Folder Extract.
§341.137.Security of Data.
(a)
Passwords. Passwords shall be assigned by the CASEWORKER
administrator or management information systems administrator for each individual
user and should not be shared by employees or other persons. Each department
shall have a limited number of employees that are authorized to delete information
contained within CASEWORKER. Access to the department's CASEWORKER system
shall be removed concurrent with the termination of the person's employment.
(b)
Backup and Restoration. All juvenile probation departments
shall adopt and follow a written policy for the backup and restoration procedures
relating to data, requiring, at a minimum, a system backup once per week.
Departments must maintain at least five generations (copies) of data backups.
(c)
Off-Site Storage. All juvenile probation departments shall
store a system backup off-site to be accessible in case of a disaster at the
department (fire, tornado, etc). An updated backup for off-site storage must
be run at a minimum of once a month, in addition to the five generations of
backup.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 23, 2001.
TRD-200102366
Lisa Capers
Deputy Executive Director & General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §§341.138 - 341.143
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.138.Definitions.
The following words or terms, when used in Division II of this subchapter,
shall have the following meanings unless the context clearly indicates otherwise.
(1)
Data Coordinator--A person employed by a juvenile probation
department who is designated by the juvenile board to serve and function as
the primary contact with TJPC on all matters relating to data collection and
reporting.
(2)
TJPC Monthly Folder Extract--An automated process to gather
data relating to all case files in the case management system designed to
analyze crime and juvenile trends, program success, and profiling of juvenile
offenders. The extract shall be submitted in the format specified by the TJPC
Electronic Data Specifications.
(3)
Electronic Data Interchange Specifications--document developed
by TJPC outlining the data fields and file structures that each department
is required to follow in submitting the TJPC Monthly folder extract. The Electronic
Data Interchange Specifications are published in Subchapter O, §341.150
of this title.
(4)
Annual Resource Survey--A manual report designed to gather
supplemental data in relation to juvenile activity and the services and/or
programs that are available within the department or community. This report
also captures the department's staff size, salary range and caseload.
§341.139.Data Coordinator.
(a)
Designation. Each juvenile board shall designate an employee
of the juvenile probation department to serve as data coordinator to function
as the primary contact with TJPC on all matters relating to data collection
and reporting. If the designation of the data coordinator is changed by the
juvenile board, TJPC shall be notified in writing within ten working days.
(b)
Training Requirements. The data coordinator shall attend
training, as required and deemed necessary by TJPC, relating to updates on
statistical and research-based information and requirements.
(c)
Duties. The data coordinator is responsible for ensuring
that the data submitted to TJPC by the local juvenile probation department
is accurate, timely, and consistent with TJPC reporting requirements. The
data coordinator shall ensure that the TJPC Monthly Folder Extract is received
on or by the applicable due date.
§341.140.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract data shall be sent to TJPC via the
internet and shall include all data fields required by the TJPC Electronic
Data Interchange Specifications. The extract is due to TJPC on the tenth day
of each month following the reporting period (example: extract of February
data is due to TJPC on March 10).
§341.141.Other Report.
(a)
Annual Resource Survey. All juvenile probation departments
are required to complete the Annual Resource Survey. The report must be completed
in the format provided by TJPC and shall be submitted by January 31 of the
following year for which the resource survey pertains.
(b)
Special Requests. Information from juvenile probation departments
is periodically requested by TJPC. Departments shall comply with these requests,
whether on paper or electronically by e-mail or the Internet, in the format
specified by TJPC.
§341.142.Accuracy of Data.
(a)
Required Fields. Departments shall fill in all applicable
fields as specified in the CASEWORKER Extract File Layout. If TJPC requires
additional fields, each department shall update their case management system
to include such information.
(b)
Maintaining Accuracy. Each department shall have a written
policy and procedure to maintain accuracy of data submitted and methods of
correcting errors. Each department shall report data elements that are consistent
with TJPC definitions.
(c)
Errors. Errors detected by the department during daily
operation, or by TJPC during the annual monitoring visit or by the TJPC Research
and Planning Division analysis shall be corrected prior to the next submission
of the TJPC Monthly Folder Extract.
§341.143.Security of Data.
(a)
Passwords. Department users shall be required to obtain
a password to their case management system. Each department shall have a written
policy and procedure to ensure secured access and to limit the number of employees
that have access to delete information from the case management system. Access
to the department case management system shall be terminated for people no
longer employed by the department.
(b)
Backup and Restoration. All juvenile probation departments
shall adopt and follow a written policy.
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 April 23, 2001.
TRD-200102367
Lisa Capers
Deputy Executive Director & General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §341.150
The new section is proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by this new section.
§341.150.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 §341.150
Figure 2: 37 TAC §341.150
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 April 23, 2001.
TRD-200102368
Lisa Capers
Deputy Executive Director & General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
37 TAC §341.157, §347.158
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new sections.
§341.157.Memoranda of Understanding--Coordinated Services for Multiproblem Children and Youth.
(a)
The Texas Juvenile Probation Commission adopts by reference
a joint memorandum of understanding with the Texas Commission for the Blind,
Texas Department of Health, Texas Department of Protective and Regulatory
Services, Texas Department of Mental Health and Mental Retardation, Texas
Education Agency, Texas Rehabilitation Commission, and the Texas Youth Commission
concerning coordinated services for multiproblem children and youth which
provides for the implementation of a system of community resource coordination
groups.
(b)
The memorandum of understanding was published in the November
15, 1988, issue of the
Texas Register
(13
TexReg 5727) by the Texas Department of Human Services, 40 TAC §72.701.
Copies of the memorandum of understanding are available from the Texas Juvenile
Probation Commission.
§341.158.Memoranda of Understanding--Service Delivery to Dysfunctional Families
(a)
The Texas Juvenile Probation Commission adopts by reference
a joint memorandum of understanding with the Texas Department of Human Services
and the Texas Youth Commission regarding service delivery to dysfunctional
families.
(b)
The memorandum of understanding was published in the
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 April 23, 2001.
TRD-200102369
Lisa Capers
Deputy Executive Director & General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 424-6710
Chapter 375.
BUILDING CONSTRUCTION ADMINISTRATION
37 TAC §375.11
(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 Military Facilities Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Military Facilities Commission (Commission)
proposes the repeal of Texas Administrative Code, Title 37, Part 12, §375.11,
relating to Uniform General Conditions.
The repeal is proposed because the Commission, a public authority, is exempt
from the General Services Commission (GSC) Uniform General Conditions.
Lydia Cruz, Director of Accounting and Administration, has determined that
for each year of the first five years that the repeal will be in effect there
will be no fiscal implications to the state or to local governments as a result
of the repeal. No cost to either government or the public will result from
the repeal. There will be no impact on small businesses or microbusinesses.
No economic cost is anticipated to persons as a result of the repeal.
Ms. Cruz has also determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as result of the repeal
will be the avoidance of any confusion that the Commission is subject to the
GSC Uniform General Conditions. No economic costs are anticipated to persons
who are required to comply with the proposed repeal.
Comments on the proposal may be submitted to Tina Burford, Texas Military
Facilities Commission, P.O. Box 5426, Austin, Texas 78763-5426, or by e-mail
to Tina.Burford@mail.capnet.state.tx.us for 30 days after notice of the proposed
repeal is published in the
Texas Register
.
The repeal is proposed pursuant to Government Code, §435.011,
which provides the Commission with authority to promulgate rules.
The following sections of the Government Code are affected by the proposed
repeal: §§435.015 and 2166.004.
§375.11.State of Texas Uniform General Conditions (UGC).
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 April 30, 2001.
TRD-200102434
Jerry D. Malcolm
Executive Director
Texas Military Facilities Commission
Earliest possible date of adoption: June 10, 2001
For further information, please call: (512) 406-6907
Chapter 87.
TREATMENT
TYC
] youth, criteria and procedure for admission and evaluation for specialized
treatment services in the Corsicana Stabilization Unit (CSU).
Corsicana Stabilization Unit
] at the Corsicana Residential
Treatment Center are those who meet the following criteria:
dysfunction
]
presents a risk of serious harm to the youth or others; and
(D)
] the stabilization unit is
the least-restrictive intervention alternative that is appropriate and available
to safely meet the treatment needs and to control the dysfunction.
Corsicana Stabilization Unit
]. On admission, requirements in this policy
are effective for all emergency admissions.
The youth's treatment plan has been implemented appropriately.
]
s/he
] is in a state hospital at the time the hearing is
required.
his
]
home parole placement, are made in accordance with other applicable policies
and procedures.
Corsicana Stabilization Unit
] unless TYC's
jurisdiction ends by statute.
that the mental illness has not stabilized and
] that the mental
illness is the reason for the youth's inability to engage in productive interaction
as required by the agency's resocialization program; and
Chapter 93.
YOUTH RIGHTS AND REMEDIES
decision maker
] in a disciplinary
action should be disclosed to the employee who has been disciplined. Therefore,
an employee who challenges a disciplinary action of
written reprimand
(level 2)
[
level 2
] or above, which was based upon information
gathered during a category 1 alleged mistreatment investigation, may make
a written request for a copy of the report.
The requested report and
all supporting documents for a written reprimand (level 2) or above, except
for disciplinary action regarding termination (level 6), shall be edited to
protect the confidentiality of staff witnesses. The decision authority has
the discretion to release the names of staff witnesses in such cases only
when the decision authority determines it necessary for the fair resolution
of contested facts.
A copy of the investigator's report with supporting
documents may be released to the employee, provided the investigator's assessment
and evaluation of the evidence have been deleted. The deleted portion of the
report would include, but not be limited to: findings, conclusions, recommendations
and opinions of the investigator. The report and all supporting documents
shall be edited to protect youth confidentiality.
Chapter 95.
YOUTH DISCIPLINE
aggression
management program
] is a major disciplinary consequence.
A youth
is eligible for the aggression management program.
]
if, at the youth's
current institutional placement, a level II hearing
] has been held and
a finding made that the youth engaged in eligible conduct for the AMP with
no extenuating circumstance; and
to
] commit at least one of the following offenses:
that involves
more than a passing discomfort or fleeting pain; or
]
(B)
] intentionally
partiticpated
[
participating
] in a riot; or
(C)
]
used or threatened
[
using or threatening
] to use either an object defined as a weapon
by the Penal Code or an object that could be used as a weapon, which placed
the victim in fear of imminent bodily injury.
level II hearing
] held pursuant to this policy resulted in a transfer
to AMP, but bed space is not available [
in AMP
], the youth
will be
[
may be
] assigned to a placement in the Behavior
Management Program (BMP) pending admission to AMP (at the youth's current
placement) with an assigned maximum length of stay[
, pending admission
to AMP
]. However, if the youth completes the maximum length of stay
in the BMP prior to admission to AMP, the youth shall not be admitted to AMP
as a result of the conduct determined at the level II hearing that resulted
in the current assignment to BMP
.
(4)
(A)
(B)
Admission Criteria
].
McLennan County State Juvenile Correctional MCSJC Facility
] is composed of at least the assistant superintendent, AMP psychologist,
and the AMP program administrator.
The facility psychiatrist shall review
admission decisions for youth with a psychiatric history.
Evidence
that the youth is not suffering from a major emotional disturbance and/or
psychiatric disorder but the behavior is the primary result of a conduct disorder
or antisocial personality disorder.
]
Documentation
] that
less restrictive interventions have been attempted without successfully reducing
the behavior and that the AMP represents the least restrictive available and
appropriate intervention
, and
[
.
]
should not
] approve admission to the AMP
if a youth has substantially completed a placement in BMP without an incidence
of aggression.
program
]; and
the
] AMP program
administrator, AMP psychologist, [
a
]JCO staff, and [
a
]
teacher (or representative of education department.) Additional members may
be appointed to the team as needed.
Mental Health Release
].
MCSJCF
].
Chapter 111.
CONTRACTING FOR SERVICES OTHER THAN YOUTH SERVICES
Part 11.
TEXAS JUVENILE PROBATION COMMISSION
Subchapter B. JUVENILE BOARD RESPONSIBILITIES
Subchapter C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES
Subchapter D. FISCAL OFFICER RESPONSIBILITIES
Subchapter E. EMPLOYMENT OF JUVENILE PROBATION OFFICERS
Subchapter F. CERTIFICATION OF JUVENILE PROBATION OFFICERS
Subchapter G. TRAINING OF JUVENILE PROBATION OFFICERS
Subchapter H. DUTIES OF CERTIFIED JUVENILE PROBATION OFFICERS
Subchapter I. JUVENILE PROBATION OFFICER CODE OF ETHICS
Subchapter J. ENFORCEMENT PROCEDURES--CODE OF ETHICS
Subchapter K. MANDATORY CERTIFICATION REVOCATION AND MANDATORY CERTIFICATION SUSPENSION
Subchapter L. COMPLAINTS AGAINST JUVENILE BOARDS
Subchapter M. CASE MANAGEMENT STANDARDS
Subchapter N. DATA COLLECTION STANDARDS
2.
NON-CASEWORKER SYSTEMS
Subchapter O. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS
Subchapter P. TEXAS JUVENILE PROBATION COMMISSION
Part 12.
TEXAS MILITARY FACILITIES COMMISSION
Chapter 379.
ADMINISTRATIVE RULES