PART 11. TEXAS JUVENILE PROBATION COMMISSION
CHAPTER 344. EMPLOYMENT, CERTIFICATION AND TRAINING
The Texas Juvenile Probation Commission proposes new Chapter 344 rules §§344.100, 344.110, 344.120, 344.200, 344.210, §344.220, 344.230, 344.300, 344.310, 344.320, 344.330, 344.340, 344.400, 344.410, 344.500, 344.510, 344.520, 344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680, 344.700, 344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, and 344.890, relating to employment, certification and training for juvenile officers. These new standards are being proposed in an effort to consolidate and streamline requirements related to employment, certification and training from several other chapters of the Commission's standards. This chapter also introduces several new requirements designed to enhance training and certification requirements for juvenile officers and to simplify the certification process.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the amendments are in effect, there will be no fiscal implications for state government or small businesses as a result of enforcement or implementation.
As for local government, the implementation of a requirement for participating in the electronic fingerprinting system through the Texas Department of Public Safety requires a fee of $9.95 per person fingerprinted. Local juvenile departments may choose to pay this fee on behalf of their applicants and employees or may choose to require individuals to pay the fee themselves. The amount of fiscal impact for a specific department will be dependent upon the number of staff who must be fingerprinted and upon how the department decides to arrange for payment of the fee. Additionally, it is expected that the reduction in staff time required to obtain and maintain fingerprint records will offset this new fee.
Changes in the number of required training hours and changes related to the classifications of staff who must receive required training may increase training costs. However, several initiatives are being implemented by the Commission to offset this increased cost. These initiatives include: availability of web-based training in live and videotaped formats; increased regional training opportunities; and enhanced website resources, including training curricula and materials for use at the local level.
The new standards also require successful completion of a competency exam for certification. The Texas Juvenile Probation Commission will attempt to implement this requirement at little or no cost to local departments, however it is possible that there will be travel or other costs associated with completion of the exam. Departments may choose to defray these expenses to the individual test taker.
Ms. Capers has also determined that for each year of the first five years the amendment is in effect, the public benefit expected as a result of enforcement or implementation will be to ensure that qualified staff are able to provide services in a safe and effective manner to youth under the supervision of the juvenile court. There will be no impact on small business or individuals as a result of the amendments.
Public comments on the proposed amendments may be submitted to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
SUBCHAPTER A. DEFINITIONS AND APPLICABILITY
37 TAC §§344.100, 344.110, 344.120
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by this new chapter.
§344.100.Definitions.
The following words and terms, when used in this chapter shall have the following meanings, unless context clearly indicates otherwise.
(1) Applicant--An individual applying for certification as a juvenile probation officer or juvenile supervision officer.
(2) Board--The governing board of the Texas Juvenile Probation Commission.
(3) Certified Officer--A juvenile probation officer or juvenile supervision officer who has met the minimum certification requirements and is currently certified by the Commission.
(4) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a single juvenile probation department for a single county or a multi-county judicial district.
(5) Commission--The Texas Juvenile Probation Commission.
(6) Competency Examination--An examination or other assessment instrument required by any statute or Commission rule that governs an individual's certification as a juvenile probation officer or juvenile supervision officer.
(7) Continuing Education--Courses, programs, or organized learning experiences required to maintain certification and to enhance personal or professional goals.
(8) Facility Administrator--An individual designated by the chief administrative officer or governing board of a juvenile justice facility as the on-site program director or superintendent of a secure facility.
(9) Juvenile Justice Facility ("facility")--A facility, including its premises and all affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes:
(A) A public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover) required to be certified in accordance with Texas Family Code §51.12;
(B) A public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125, except for a facility operated solely for children committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction.
(10) Juvenile Justice Program ("program")--A program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under a contract with the governing board, or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
(11) Juvenile Probation Department ("department")--All physical offices and premises utilized by a county or district level governmental unit established under the authority of a juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of the Texas Family Code and Chapter 141 of the Texas Human Resources Code.
(12) Juvenile Probation Officer--An individual whose primary responsibility and essential job function is to provide juvenile probation services and supervision duties authorized under statutory and agency administrative law that can only be performed by an active certified juvenile probation officer in good standing with the Commission.
(13) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a juvenile justice program or juvenile justice facility.
(14) Mandatory Topics--Specified training topics mandated in the Commission's administrative standards designed to provide officers the essential skills and knowledge necessary for certification and to fulfill the duties and responsibilities of a certified officer.
(15) NCIC--The National Crime Information Center (NCIC) is the Federal Bureau of Investigation's (FBI) database that utilizes fingerprints or other biometric identifiers to track an individual's criminal history in the United States.
(16) One Year of Graduate Study--As described in Texas Human Resources Code §141.061(a)(3)(A), successful completion of at least 18 post-graduate credit hours in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the Commission at a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board.
(17) TCIC--Texas Crime Information Center (TCIC) is the Texas Department of Public Safety's database that utilizes fingerprints or other biometric identifiers to track an individual's criminal history in the state of Texas.
(18) Training--An organized, planned and evaluated activity designed to achieve specific learning objectives.
§344.110.Interpretation and Applicability.
(a) Headings. The headings in this chapter are for convenience only and are not intended as a guide to the interpretation of the standards herein.
(b) Conflicting Standards. If a general provision contained in this chapter conflicts with a specific provision contained in another chapter of an administrative standard promulgated by the Commission, the specific language controls.
(c) Applicability. The language contained herein applies to all certifications granted on or after the effective date of this chapter.
(d) Criminal History. Any felony conviction, felony deferred prosecution, felony deferred adjudication, misdemeanor conviction, misdemeanor deferred prosecution, or misdemeanor deferred adjudication occurring before September 1, 2003 will not disqualify a certified officer who held an active certification on September 1, 2003.
§344.120.The Compliance Resource Manual and Implementation of Agency Policy.
The Commission may establish by administrative rule or other reasonable agency policy, the required guidelines, procedures and documentation necessary to ensure compliance and verification of the standards set forth in this chapter.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804184
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
37 TAC §§344.200, 344.210, 344.220, 344.230
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §349.7 and §341.20 of this title; and Human Resources Code §141.065.
§344.200.General Qualifications for Employment.
(a) Juvenile Probation Officer. To be eligible for employment as a juvenile probation officer, supervisor or chief administrative officer, an applicant shall:
(1) be at least 21 years of age;
(2) be of good moral character and have no disqualifying criminal history as described in this chapter;
(3) have acquired a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
(4) possess the work experience or graduate study required in §344.210; and
(5) never have had any type of certification revoked by lawful authority of the Commission and not be currently under an order of suspension as described in §344.840(d) of this chapter.
(b) Juvenile Supervision Officer. To be eligible for employment as a juvenile supervision officer, an applicant shall:
(1) be at least 21 years of age;
(2) be of good moral character and have no disqualifying criminal history as described in this chapter;
(3) have acquired a high school diploma or equivalent; and
(4) never have had any type of certification revoked by lawful authority of the Commission and not currently be under an order of suspension as described in §344.840(d) of this chapter.
(c) Facility Administrator. To be eligible for employment as a facility administrator, an applicant shall:
(1) meet the minimum requirements to become a juvenile probation officer as described in §344.200(a) of this chapter; and
(2) maintain an active certification as a juvenile supervision officer.
§344.210.Work Experience.
(a) In lieu of the graduate study requirement in §344.500(a)(2) of this chapter, an applicant for the position of juvenile probation officer shall have one year of experience in full-time case work, counseling, community or group work:
(1) in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons; and
(2) that the Commission has determined provides the kind of experience necessary to meet this requirement.
(b) Internships may be counted toward meeting one year's experience when the duties performed were related to the field of juvenile justice.
§344.220.Exemptions from Qualifying Work Experience.
(a) The juvenile board, chief administrative officer or designee shall submit to the Commission a request for exemption of the requirement of one year experience or one year graduate study prior to the employment of an applicant who does not meet the one year experience or education requirements for the position of juvenile probation officer.
(b) The exemption request shall be made using the form provided by the Commission and shall document that diligent efforts were made to employ an applicant who meets the work experience requirement.
(c) The chief administrative officer shall provide written notification to the chair of the juvenile board of a request for exemption under this section prior to employment of the applicant.
(d) The Commission shall review and may approve or deny the request.
§344.230.Persons Who May Not Act as Chief Administrative Officers, Juvenile Probation Officers, or Juvenile Supervision Officers.
A peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as a chief administrative officer, juvenile probation officer, or juvenile supervision officer or be made responsible for supervising a juvenile in a juvenile justice facility or program.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804185
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
37 TAC §§344.300, 344.310, 344.320, 344.330, 344.340
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §§349.8; 343.302; 343.304; and 343.306 of this title.
§344.300.Criminal History Searches for Positions Requiring Certification.
(a) Fingerprint Search.
(1) Fingerprints shall be submitted through the Texas Department of Public Safety (DPS) Fingerprint Applicant Services of Texas (FAST) system.
(2) The juvenile board, chief administrative officer, facility administrator or designee shall complete a criminal history search and review the criminal history report prior to the first day of employment to confirm that the applicant has no disqualifying criminal history.
(b) Criminal History Clearinghouse. The Commission and the juvenile board or designee shall participate in the electronic clearinghouse and subscription service operated by the DPS. This service, known as the Fingerprint-based Applicant Clearinghouse of Texas (FACT), provides criminal history record information to the Commission, juvenile probation departments and juvenile boards who subscribe to the system. The system notifies the Commission and the chief administrative officer or designee of any disqualifying criminal conduct that may occur subsequent to the date of employment or certification.
(c) Military History. Applicants with prior military experience shall provide a copy of the DD-214 Discharge Form for each tour of duty. In the event a DD-214 reflects character of service as anything other than honorable discharge, the juvenile probation department shall obtain release of information authorization from the applicant and shall request additional information from the appropriate governmental entity to determine whether the reason for discharge was the result of disqualifying criminal conduct.
§344.310.Criminal History Searches for Positions Not Requiring Certification.
(a) Criminal history searches shall be conducted for all personnel providing services in juvenile justice facilities or programs who may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, criminal history searches shall be completed for the following:
(1) Non-Certified Staff. The chief administrative officer or designee shall conduct criminal history searches in accordance with the requirements set forth in §344.300 of this chapter for staff employed full or part-time by a juvenile justice program or juvenile justice facility in positions that do not require certification.
(2) Volunteers and Interns. The chief administrative officer or designee shall conduct criminal history searches in accordance with the requirements set forth in §344.300 of this chapter for volunteers and interns who provide services in juvenile justice programs and facilities.
(3) Service Providers. Service providers include public or private vendors who provide goods and/or services for the operation, management or administration of juvenile probation services and juvenile justice programs and facilities.
(A) Licensed Service Providers. Programs or facilities licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. The chief administrative officer or designee shall obtain documentation confirming that the provider's license is in good standing with the licensing entity. The facility or program shall not contract for services with a provider whose license is not in good standing.
(B) Non-Licensed Service Providers. The chief administrative officer or designee shall obtain documentation from the provider's employing entity confirming that fingerprint-based criminal history searches of criminal information databases maintained by the Federal Bureau of Investigation and by the state of Texas have been completed within two years prior to the date of the most recent contract for services.
(b) Department policy shall prohibit direct unsupervised access to juveniles in a juvenile justice program or facility by any person with a disqualifying criminal history as described in §344.400 of this chapter.
(c) The juvenile board may grant an exemption to §344.310(b) of this chapter for personnel described in this subsection whose criminal history report reflects class B misdemeanor activity. Exemptions shall be reviewed and granted on a case-by-case basis.
(d) The requirements of this section do not apply to family members or other individuals listed as a juvenile's approved visitors.
(e) The criminal history searches described in this subsection shall apply to individuals who begin employment or service provision on or after September 1, 2009.
§344.320.Criminal History Searches for Position and Departmental Transfers.
(a) Criminal history searches shall be completed by the employing juvenile justice program or facility in accordance with §344.300 of this chapter when:
(1) an individual who was not previously certified accepts a position requiring certification; or
(2) a certified officer employed in a juvenile probation program or facility accepts simultaneous or subsequent employment in a program or facility operated by or under contract with a different department.
(b) For individuals whose fingerprints are already in the Fingerprint Applicant Services of Texas (FAST) system, the searches may be conducted using the existing prints.
§344.330.Criminal History Searches for Secure Contract Facility Employees.
(a) The juvenile probation department in the county in which a secure pre or post-adjudication facility registered by the Commission and operated by a private vendor under contract with a juvenile board is located shall conduct criminal history searches for facility applicants for certified and uncertified positions as required under §344.300 of this chapter.
(b) The contract facility shall provide the juvenile board or designee with identifying information necessary to conduct the required criminal history searches.
(c) The chief administrative officer or designee shall review the criminal history report and provide a copy of the report to a facility with whom they have a written agreement that:
(1) specifically authorizes access to the information;
(2) limits the use of information to the purposes for which it is given;
(3) ensures the security and confidentiality of the information; and
(4) provides for sanctions if a requirement in paragraphs (1), (2) or (3) of this subsection is violated.
(d) The facility administrator or designee shall contact the referring criminal justice agency to obtain information regarding any arrest for which a disposition has not been reported.
(e) The chief administrative officer or designee shall review the criminal history report to confirm that the applicant has no disqualifying criminal history prior to the applicant's first day of employment.
§344.340.Criminal History Records Retention.
A copy of the initial criminal history report required in this section and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for the duration of an individual's employment. These records shall be maintained as long as they are administratively valuable or in accordance with the county's established records retention schedule after the monitoring purpose has been fulfilled.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804186
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §§349.7; 349.10; 341.23; and 343.320 of this title.
§344.400.Disqualifying Criminal History.
(a) An individual with the following criminal history shall not be eligible for continued employment or certification:
(1) a felony conviction against the laws of this state, another state, or the United States within the past ten (10) years;
(2) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years;
(3) a current felony deferred adjudication, probation or parole;
(4) a jailable misdemeanor conviction against the laws of this state, another state or the United States within the past five (5) years;
(5) a deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years;
(6) a current jailable misdemeanor deferred adjudication, probation or parole; or
(7) the requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
(b) The offense disposition date shall be used to determine applicable time frames.
§344.410.Variance of Disqualifying Criminal History.
A variance under §349.2 of this title may not be requested for any Class A misdemeanor or felony unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by a trial or appellate court.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804187
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
37 TAC §§344.500, 344.510, 344.520
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by these amendments.
§344.500.Education Requirements.
(a) Juvenile Probation Officer. An applicant for employment as a juvenile probation officer must meet the following educational requirements:
(1) have acquired a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and
(2) have one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the Commission or qualifying work experience as specified in §344.210.
(b) Juvenile Supervision Officer. An applicant for employment as a juvenile supervision officer must meet one of the following educational requirements:
(1) possess a high school diploma;
(2) a general equivalency diploma from a high school or issuing authority within the United States of America;
(3) a United States military record that indicates the education level received is equivalent to a United States high school diploma or general equivalency diploma;
(4) a foreign high school or home schooling diploma that meets the validation requirements established by the Commission; or
(5) be granted unconditional acceptance into an accredited college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board.
§344.510.Persons Not Subject to Minimum Qualifying Educational Requirements.
(a) Individuals employed as juvenile probation officers prior to September 1, 1981 and who have maintained continuous certification since that date shall not be subject to the minimum educational requirements set forth in Texas Human Resources Code §141.061(a) and in this chapter.
(b) An interruption or lapse of certification under this section shall result in a requirement for the officer to meet all current applicable employment, certification and training requirements.
§344.520.Verification of Education Requirements.
The applicant for employment as a juvenile probation officer or juvenile supervision officer shall provide the department or facility with official documentation that verifies that the applicant meets the educational requirements for certification.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804188
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
37 TAC §§344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules and standards are affected by this subchapter: §§349.7; 349.15; and 343.16 of this title.
§344.600.Minimum Requirements for Certification.
An applicant for certification as a juvenile probation officer or juvenile supervision officer shall receive a minimum of 80 hours of training including training in mandatory topics described in §344.620 of this chapter prior to certification.
§344.610.Relevance of Training and Standardized Curriculum.
(a) Training must be relevant to the knowledge and skills required in the performance of the officer's job duties to be considered for certification or continuing education credit.
(b) Training in the mandatory topics shall be conducted by training providers who have received specialized training in the curriculum from the Commission or from the employing department.
(c) The standardized curriculum provided by the Commission shall be used in the provision of training on the mandatory topics.
(d) The Commission reserves the right to refuse to approve or grant credit for training hours that do not comply with this standard.
§344.620.Required Training for Certification.
(a) Mandatory Topics. Successful completion of a competency exam based on the following topics is required for certification.
(1) Juvenile Probation Officer.
(A) Role of the probation officer;
(B) Case planning and management;
(C) Recognizing and supervising youth with mental health issues;
(D) Officer safety and mechanical restraints;
(E) Texas Family Code and related laws;
(F) Legal liabilities;
(G) Courtroom proceedings and presentation;
(H) Code of ethics, disciplinary and revocation hearing procedures;
(I) Identifying and reporting abuse, neglect, and exploitation;
(J) Prison Rape Elimination Act; and
(K) Suicide prevention and intervention.
(2) Juvenile Supervision Officer.
(A) Juvenile rights;
(B) Texas Family Code and related laws;
(C) Identifying and reporting abuse, neglect, and exploitation;
(D) Prison Rape Elimination Act;
(E) Suicide prevention and intervention;
(F) Legal liabilities;
(G) Recognizing and supervising youth with mental health issues;
(H) Adolescent physical development and exercise related health risks;
(I) HIV/AIDS and other communicable diseases;
(J) Code of ethics, disciplinary and revocation procedures.
(b) Additional Requirements for Juvenile Supervision Officer Certification.
(1) Prior to providing resident supervision, all juvenile supervision officers shall receive training and maintain current certification in:
(A) Cardiopulmonary Resuscitation (CPR);
(B) First Aid; and
(C) A Personal Restraint Technique approved by the Commission.
(2) Juvenile supervision officers working in juvenile justice facilities shall receive training in the following additional topics for certification:
(A) Behavior observation and recording;
(B) Behavior management;
(C) Risk management, safety and security;
(D) Medical and health services;
(E) Departmental security, emergency and evacuation procedures;
(F) Facility's suicide prevention plan;
(G) Department procedures for reporting abuse, neglect and exploitation;
(H) Recognizing and responding to medical and mental health needs of residents;
(I) Supervising residents in seclusion;
(J) Facility's fire drill procedures;
(K) Grievance procedures;
(L) Confidentiality of information;
(M) Cultural diversity;
(N) Use of restraints; and
(O) Transportation.
§344.630.On-the-Job Training Requirements.
(a) A juvenile justice program or juvenile justice facility may implement a structured on-the-job training program for use in meeting certification and continuing education requirements.
(b) The training program shall utilize the format developed by the Commission or an equivalent format developed by the department to document the provision of on-the-job training.
(c) The chief administrative officer, facility administrator or designee shall select staff, based on experience, qualifications and/or education, to provide on-the-job training.
(d) A maximum of 40 hours of on-the-job training provided in accordance with §344.630 of this chapter may be used to meet the certification or continuing education requirement in a given reporting period.
§344.640.Continuing Education Requirements for Maintaining Certification.
(a) A juvenile probation officer or juvenile supervision officer shall complete a minimum of 80 hours training every 24 months in topics related to the officer's job duties and responsibilities in order to maintain an active certification;
(1) For juvenile supervision officers, this training shall include training in the facilities' suicide prevention plan and training required to maintain certification in CPR, First Aid and personal restraint technique approved by the Commission.
(2) For chief administrative officers and facility administrators, this training shall include a minimum of 20 hours of management training.
(b) A maximum of 20 hours of training credit that exceeds the minimum requirement in a specific reporting period may be applied to the next reporting period.
(c) Documentation of the required continuing education shall be submitted to the Commission through the Commission's automated certification information system within 24 months of the initial certification date and every 24 months thereafter based on the officer's birth month.
§344.650.Non-Compliance with Training and Continuing Education Requirements.
(a) Failure to comply with §344.640 shall result in the following:
(1) the officer's certification shall be placed on inactive status;
(2) the officer shall be restricted from performing the duties of a certified officer; and
(3) the officer shall be ineligible for salary adjustment funding from the Commission.
(b) The officer's certification will be returned to active status upon receipt of documentation that the required continuing education has been completed.
§344.660.Approval and Review of Training Topics.
(a) Approval of Training Topics. All certification and continuing education training shall be approved by the Commission. Training that is not applicable to the duties of a certified officer shall not be applied to the individual's certification or continuing education requirements.
(b) Review of Topics. A juvenile probation department may request a review of the Commission's decision to not approve a topic for certification credit. In support of the request, the juvenile probation department shall describe how the topic relates to the job duties and responsibilities of the officer. The Commission may request additional documentation to evaluate the appropriateness of the topic.
§344.670.Training Methods and Limitations.
(a) Limits on Topics.
(1) Repetitive Training. Credit shall not be allowed for training that is duplicative in nature unless the training is required to maintain certification, such as for CPR or First Aid, or is required to maintain an understanding of the officer's job duties and responsibilities. Topics listed in §344.620 are exempt from this limitation.
(2) Review of Policy and Procedure. Credit for policy and procedure review shall be allowed when documentation reflects that the review was part of a structured training event.
(3) Human Resources Training. Training on employment related benefits and plans shall not be accepted for certification purposes unless the officer is a supervisor and the training relates to supervisory duties or the training is being provided as part of a formal leadership development program.
(b) Limitations on Training Methods. The limits in this subchapter apply to continuing education credits earned in a given 24 month period.
(1) Correspondence Courses. A maximum of 40 hours of continuing education credit may be earned for the successful completion of correspondence courses provided by recognized criminal justice organizations or accredited colleges or universities. Correspondence courses may not be used to meet the requirement for training in the mandatory training topics.
(2) Video-Conferencing and Web-Based Training. Credit for a combined total of 40 hours of video conferencing and web-based training methods may be applied toward certification and continuing education requirements.
(3) Video Training. A maximum of 20 hours of video training that is part of a structured training program may be applied to certification or continuing education requirements.
(4) Training Hours for Curriculum Development. A maximum of 10 hours of credit in a given continuing education period may be allowed for the development of training curriculum.
(5) Training Providers. Training providers may claim actual training time up to a maximum of 10 hours for the provision of training. The credit under this section is allowed only for the provision of training in topics listed in §344.620 of this chapter.
(6) Meetings/Staff Meetings. Meetings shall not be considered a training activity unless supporting documentation indicates that all or part of the meeting was designated solely for the purpose of training.
(7) College Courses. Up to 40 hours of continuing education credit may be applied for successful completion of a three-hour college course in a topic relevant to the officer's job duties and that is provided by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board and approved by the Commission. Classes for which less than three hours of college credit is earned may be considered for continuing education credit. If approved, continuing education hours will be based on the number of classroom hours.
§344.680.Documentation.
Documentation of all training received shall be maintained in the department or facility's files for monitoring purposes. Documentation may include sign-in sheets, agendas, certificates of completion, correspondence from the instructor, registration receipts, and/or exam results. The chief administrative officer or designee shall, upon request, submit training records to a juvenile probation department in which an officer has obtained subsequent employment.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804189
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by these amendments.
§344.700.Competency Examination Requirement.
(a) A juvenile probation officer or juvenile supervision officer shall pass the competency exam prescribed by the Commission in order to be eligible for certification.
(b) A juvenile probation officer or juvenile supervision officer shall complete the mandatory training required in §344.620(a)(1) or §344.620(a)(2) of this chapter prior to attempting the competency exam.
(c) The Commission shall establish a plan for the administration of the examination, including any required fees.
(d) The Commission shall determine the satisfactory level of performance.
(e) Scores shall be sent electronically or by other means established by the Commission to the examinee and the chief administrative officer or designee upon completion of the exam.
(f) The Commission shall maintain a record of competency examination results.
(g) The requirements of this subchapter apply to applicants for positions requiring certification who begin employment as juvenile probation officers on or after September 1, 2011 or who begin employment as juvenile detention officers on or after September 1, 2012.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804190
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
37 TAC §§344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, 344.890
These standards are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rule is affected by this subchapter: §349.8 of this title.
§344.800.Positions Requiring Certification.
Certain positions require certification by the Commission in order to perform the job functions of the position. Positions requiring certification are specified in applicable chapters under Title 37.
§344.810.Eligibility for Certification.
To be eligible for certification, an individual must:
(1) be twenty-one years of age or older;
(2) have achieved the level of education required for the certification, or been granted an exemption from this requirement;
(3) be of good moral character and have no disqualifying criminal history as described in this chapter;
(4) not be currently under an order of suspension issued under the lawful authority of the Commission;
(5) never have had any type of certification revoked by lawful authority of the Commission;
(6) have satisfactorily completed all pre-service training required by the Commission;
(7) have passed the competency examination as required by the Commission; and
(8) be employed by a governmental unit or a public or private vendor under contract with a governmental unit.
§344.820.Length of Certification.
The Commission may issue a non-expiring certification to individuals who meet the eligibility requirements under this chapter.
§344.830.Certification Renewal Period.
The employing juvenile justice program or facility shall submit, within 24 months of the initial certification date and every 24 months thereafter based on the officer's birth month, documentation that:
(1) the officer has completed the continuing education requirements in §344.640, and
(2) the criminal history search requirements in §344.300 have been met.
§344.840.Certification Status.
(a) Active. An officer shall be required to maintain an active certification in order to perform the duties of a juvenile probation officer or juvenile supervision officer. The individual and the employing department shall ensure that all requirements under this chapter are met in order to maintain the certification in active status. An active certification status requires that the officer shall have:
(1) no disqualifying criminal history;
(2) no current suspension or revocation of certification under the lawful authority of the Commission; and
(3) met the continuing education requirements set forth in §344.640.
(b) Inactive. An officer's certification shall be placed on inactive status in the event that the certification application is found to have a defect or flaw, the officer fails to meet reporting requirements or is no longer employed by a juvenile probation department. An individual whose certification is inactive is not eligible to perform the duties of a certified officer or to receive salary adjustment funds from the Commission. The juvenile probation department shall submit documentation through the Commission's automated certification system that an officer has completed all reporting requirements in accordance with §344.830 in order to reactivate the officer's certification.
(c) Provisional. The Commission may issue a provisional certification for a period not to exceed 180 calendar days to an individual whose educational credentials require evaluation or verification. During the provisional certification period, the officer may perform the duties of a certified officer. In the event that the education validation is denied or is not validated within the 180 calendar day period, the individual is no longer eligible to perform the duties of a juvenile probation or supervision officer.
(d) Suspended. An officer who is currently under an order of suspension is not eligible for certification by the Commission and shall not perform the duties of a certified officer. A suspension order shall be in effect until the date determined in the disciplinary hearing held by the Commission. In the event of suspension for failure to pay child support under §232.003 of the Texas Family Code, the suspension shall remain in effect until the Commission receives an order staying or vacating the suspension.
(e) Revoked. An officer who has had a certification revoked by lawful authority of the Commission is no longer eligible for employment or certification as a juvenile probation officer or juvenile supervision officer.
§344.850.Employment by a Governmental Unit.
A juvenile probation officer or juvenile supervision officer with a certification issued by the Commission under this chapter shall be employed by a governmental unit or a private provider under a contract with a governmental unit to maintain active status. The Commission shall place the officer's certification on inactive status upon receiving notification of the individual's resignation or termination from employment from the governmental unit.
§344.860.Certification Process.
(a) Submission of Applications. All certification applications shall be submitted through the Commission's automated certification information system.
(1) Chief Administrative Officers. The juvenile board or designee shall review the certification documentation and approve in writing the submission of the certification application for a chief administrative officer prior to submission of the application to the Commission.
(2) Facility Administrators. The juvenile board or the chief administrative officer shall review the certification documentation and approve in writing the submission of the certification application for a facility administrator prior to submission of the application to the Commission.
(3) Juvenile Probation Officer. The chief administrative officer or designee shall submit the certification application for a juvenile probation officer.
(4) Juvenile Supervision Officer. The chief administrative officer, facility administrator, or designee shall submit the certification application for a juvenile supervision officer.
(b) Timeline for Submission. The certification application shall be submitted to the Commission no more than 180 calendar days from the date of initial employment.
(1) An individual whose application for certification has not been submitted within this time frame:
(A) shall not perform the duties of a certified officer; and
(B) shall not count toward the program's staff to child ratios.
(2) An extension of up to 90 days may be allowed for part time staff who have not completed the required training.
(c) Valid Criminal History Searches. Criminal history searches shall have been completed within 180 days prior to submission of the certification application. Dates of return shall be included in the certification application.
(d) Approval of Applications. The Commission shall review information contained in an application to determine certification eligibility. The Commission shall reserve the right to request additional information or documentation. The juvenile probation department will be notified of certification decisions through the Commission's automated certification information system. Any officer whose application is denied shall not perform the duties of a certified officer.
(e) Juvenile Officer Training Tracking System (JOTTS). The juvenile probation department shall utilize the Commission's training and tracking system or an equivalent automated system to document training and continuing education received by certified officers. Training information shall be included in the certification application and submitted through the Commission's automated certification system.
§344.870.Requests for Extension.
(a) The Commission may grant an extension in the event of an unexpected extended absence from employment to allow a certified officer additional time to obtain training necessary to maintain active certification status.
(b) Approved extensions will be granted in increments up to 90 calendar days from the date the certification renewal information was due. Additional time may be requested in special circumstances such as leave under the Family Medical Leave Act (FMLA) or worker's compensation leave.
(c) An officer whose absence is due to leave for military duty will be granted an amount of time equal to the amount of military leave up to a maximum of 24 months.
(d) An officer who does not satisfy all requirements necessary to maintain active status within the extension period shall not perform the duties of a certified officer or receive salary adjustment funds from the Commission.
§344.880.Transfer or Reactivation of Certification.
(a) The employing juvenile justice program or facility shall request through the commission's automated certification system that an officer's certification be transferred or reactivated when an officer is hired who is currently certified and employed in another juvenile probation department or is returning from inactive status.
(b) Active Certification.
(1) The juvenile board, chief administrative officer or designee shall request a transfer of certification when an officer with an active certification obtains employment in a position for which certification is required.
(2) The request for transfer shall include verification that all criminal history searches have been completed in accordance with §344.300 of this chapter.
(c) Inactive Certification.
(1) The juvenile board, chief administrative officer or designee shall request a transfer of certification when an officer whose certification is inactive obtains employment in a position for which certification is required.
(2) The request for transfer shall include verification that all criminal history searches have been conducted in accordance with §344.300 of this chapter.
(3) Completion of 80 hours of continuing education within the 24 months prior to employment shall be confirmed and documentation included in the officer's personnel file prior to submission of the transfer request.
(d) Training Records. The juvenile board, chief administrative officer, facility administrator, or designee shall forward a certified officer's training records to the employing facility or program, upon request, when an officer's certification is transferred.
§344.890.Termination of Employment.
The juvenile board, chief administrative officer, or designee shall notify the Commission of the resignation or termination of individuals employed in positions requiring certification within 10 working days of the date of their separation from employment. Upon receipt of notice, the Commission shall place the certified officer's certification on inactive status.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804191
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
37 TAC §§350.100, 350.110, 350.120, 350.200, 350.210, 350.220, 350.300, 350.400, 350.500, 350.600, 350.610, 350.620, 350.700, 350.800, 350.900 - 350.904
The Texas Juvenile Probation Commission proposes new Chapter 350 rules §§350.100, 350.110, 350.120, 350.200, 350.210, 350.220, 350.300, 350.400, 350.500, 350.600, 350.610, 350.620, 350.700, 350.800, and 350.900 - 350.904, relating to investigating abuse, neglect, exploitation, death and serious incidents by the Texas Juvenile Probation Commission. These new rules are being proposed in an effort to ensure that the agency's investigators have the ability to conduct comprehensive investigations in a more timely and efficient manner.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the new rules are in effect, there will be no fiscal implications for state government, local government or small businesses as a result of enforcement or implementation.
Ms. Capers has also determined that for each year of the first five years the new rules in effect, the public benefit expected as a result of enforcement or implementation will be the ability to conduct more efficient and comprehensive investigations which will provide a greater level of safety for the juveniles and communities we serve. There will be no impact on small business or individuals as a result of the amendments.
Public comments on the proposed amendments may be submitted to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
These rules are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
As a result of this new chapter, §§349.42 - 349.51 of this title will be repealed.
§350.100.Definitions.
(a) The terms used in this Chapter apply to the investigations of allegations of abuse, neglect, exploitation, death and serious incidents conducted by the Commission and to the Commission's procedures relating to serious incidents.
(b) Terms used in this Chapter shall have the following meanings unless otherwise expressly defined within the Chapter.
(1) Abuse, Neglect and Exploitation--The definitions of "abuse", "neglect" and "exploitation" shall have the meanings defined in Texas Family Code §261.001 and §261.401. This term also includes the definitions of serious physical abuse and sexual abuse herein.
(2) Administrator--The chief administrative officer of a juvenile probation department, a public or private juvenile justice program or an administrator of a public or private juvenile justice facility.
(3) Administrative Designee--The role assigned to the administrator, when at the conclusion of a comprehensive investigation, it was determined that the proximate cause of the allegation was based on policies and procedures under the direct control of the administrator.
(4) Alleged Perpetrator--A person alleged as being responsible for the abuse, neglect or exploitation of a juvenile through the person's actions or failure to act.
(5) Alleged Victim--A juvenile under the jurisdiction of the juvenile court or participating in a program operated under the authority of the governing board or juvenile board who is alleged to be a victim of abuse, neglect or exploitation.
(6) Attempted Suicide--Any voluntary and intentional action that could reasonably result in taking one's own life.
(7) Call Line--The toll-free line made available by the Commission to juveniles, professionals and private citizens for the purpose of reporting allegations of abuse, neglect, exploitation and serious incidents within the juvenile justice system.
(8) Commission--The Texas Juvenile Probation Commission.
(9) Death--The permanent cessation of vital bodily functions.
(10) Designated Perpetrator--The individual responsible for the abuse, neglect or exploitation of a juvenile who has not exhausted the right to administrative review.
(11) Designated Victim--The juvenile who was abused, neglected or exploited.
(12) Escape--"Escape" means:
(A) The voluntary, unauthorized departure, or attempt to depart, by an individual who is in custody; or
(B) Failure to return to custody following an authorized temporary leave for a specific purpose or limited period.
(13) Incident Report Form--The required form used to report to the Commission allegations of abuse, neglect, exploitation, death and serious incidents.
(14) Internal Investigation Report--The written report submitted to the Commission that summarizes the steps taken and the evidence collected during an internal investigation of an allegation of abuse, neglect, exploitation or death.
(15) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program.
(16) Juvenile Justice Facility ("facility")--A facility, including its premises and all affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes, but is not limited to:
(A) A public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover) required to be certified in accordance with Texas Family Code §51.12;
(B) A public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125, except for a facility operated solely for children committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction.
(17) Juvenile Justice Program ("program")--A program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under a contract with the governing board, or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
(18) Juvenile Probation Department ("department")--All physical offices and premises utilized by a county or district level governmental unit established under the authority of a juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of Texas Family Code and Chapter 141 of Texas Human Resources Code.
(19) Peace Officer--A person elected, employed, or appointed as a peace officer under Code of Criminal Procedure, Article 2.12.
(20) Preponderance of Evidence--A standard of judging evidence to determine whether an issue of fact is more probable than not probable. Preponderance is based on the more convincing evidence and its probable truth or accuracy and not on the amount of evidence.
(21) Report--Formal notification to the Commission of an allegation of abuse, neglect, exploitation or death or of a serious incident.
(22) Reportable Injury--Any injury sustained accidentally, intentionally, recklessly or otherwise that:
(A) Requires medical treatment; or
(B) Results from a physical, mechanical or chemical restraint.
(23) Serious Incident--Any incident that is an attempted escape, attempted suicide, escape, reportable injury, youth-on-youth physical assault or youth sexual conduct.
(24) Serious Physical Abuse--Bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment.
(25) Sexual Abuse--Conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless of age, may not affirmatively or impliedly consent to the acts as defined herein under any circumstances.
(26) Sexual Abuse by Contact--Any physical contact with a juvenile that includes: intentional touching of the genitalia, anus, groin, breast, inner thigh or buttocks with the intent to abuse, arouse or gratify sexual desire; deviate sexual intercourse; sexual contact; sexual intercourse; or sexual performance as those terms are defined below.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of another person with a hand, finger or other object.
(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or
(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons including simulated or actual sexual intercourse, deviate sexual intercourse, bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
(27) Sexual Abuse by Non-Contact--Any sexual behavior, conduct, harassment or actions other than those defined by sexual abuse by contact, which are exhibited, performed or simulated:
(A) in the presence of a juvenile or with reckless disregard for the presence of a juvenile;
(B) with the intent to arouse or gratify the sexual desire of any person;
(C) including repeated verbal statement or comments of a sexual nature; and
(D) including demeaning references to gender, derogatory comments about body or clothing or profane or obscene language or gestures.
(E) These behaviors, conduct and actions include indecent exposure, voyeurism, distribution or exhibition of pornographic or sexually explicit material or sexual performance as defined in §350.100(b)(26)(D) of this section.
(28) Substantial Evidence--The standard of proof that is more than a scintilla but less than preponderance. The evidence is, reasonable, credible, solid, compels a conclusion one way or the other; the quantum of evidence which reasonable minds could accept as adequate.
(29) Sustained Perpetrator--A designated perpetrator who has already been offered the right to an administrative review and the designated perpetrator's rights to the administrative review have expired or the disposition was upheld.
(30) TCLEOSE--Texas Commission on Law Enforcement Officer Standards and Education.
(31) Youth-on-Youth Physical Assault--A physical altercation between two or more juveniles that results in any of the involved parties sustaining an injury that requires medical treatment.
(32) Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, sexual performance as those terms are defined in paragraph (26) of this subsection or sexual behavior, conduct or actions which are exhibited, performed or simulated as those terms are defined in paragraph (27) of this subsection. A juvenile may not consent to the acts as defined herein under any circumstances. Consent may not be implied regardless of the age of the juvenile.
§350.110.Interpretation.
(a) Headings. The headings in this Chapter are for convenience only and are not intended as a guide to the interpretation of the standards herein.
(b) Including. The word, "including" when following a general statement or term, is not to be construed as limiting the general statement or term to any specific item or manner set forth or to similar items or matters, but rather as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its broadest possible scope.
§350.120.Applicability.
Unless otherwise noted, these standards apply to the investigations conducted by the Commission of all allegations of abuse, neglect and exploitation, death and serious incidents involving a juvenile and an employee, intern, volunteer, contractor or service provider.
(1) Texas Family Code §261.405(b) gives the Commission the authority to conduct abuse, neglect and exploitation investigations in any juvenile justice department, program or facility. The investigations conducted by the Commission are governed by Texas Family Code Chapter 261.
(2) Investigations of abuse, neglect, exploitation and death are conducted by investigators specifically trained to conduct investigations in juvenile justice departments, programs and facilities. The primary objective of each investigation is to ensure the health, safety and well being of the alleged victim and other juveniles under the jurisdiction of the juvenile court. Investigations also serve to assess additional risk potential and compliance with applicable administrative standards.
§350.200Abuse, Neglect, Exploitation and Death.
Upon receipt of an allegation of abuse, neglect, exploitation or death, Commission investigators shall assess the allegation to determine the assignment of the initial priority level, which thereby determines the timeframe for initiating the investigation.
§350.210.Assessment.
An assessment shall be completed on all reports of allegations of abuse, neglect, exploitation or death received by the Commission.
(1) Allegations within the Commission's investigative jurisdiction shall, regardless of the source, or severity or perceived lack thereof, be assigned for investigation.
(2) Allegations not within the Commission's investigative jurisdiction shall be referred to the appropriate division within the Commission or other agency having jurisdiction.
§350.220.Prioritization, Activation and Initiation.
(a) Prioritization. All reports of allegations of abuse, neglect, exploitation or death shall be assigned a priority level.
(b) Activation. Investigations are activated when the Commission makes the initial notification to law enforcement.
(c) Initiation. Investigations are initiated when the assigned investigator contacts or attempts to contact, via phone, fax, e-mail or in person a representative of the department, program, facility, governing board, juvenile board; law enforcement agency; the reporter; or any person with knowledge of the alleged incident.
§350.300.Investigations.
Investigations shall be conducted to ensure the health, safety and well being of juveniles, employees, interns, volunteers, contractors and service providers. Investigations are also conducted to determine if the alleged incident occurred and to determine if the elements of the alleged incident correspond to the statutory definitions in Texas Family Code Chapter 261.
§350.400.Notification and Referral.
(a) Notification of Disposition. At the conclusion of a case assigned for investigation, notification of the disposition shall be forwarded to the appropriate parties.
(b) Notice to Prosecutor. Notifications to the district or county attorney's office prosecuting criminal matters in the jurisdiction in which the Commission conducted the investigation, shall be forwarded in accordance with applicable Commission policies and procedures.
(c) Non-Compliance Citation Report. A Non-Compliance Citation Report (NCCR) shall be issued when, during the course of an investigation, a violation of Title 37, Part 11, Texas Administrative Code occurred.
(d) Notice of Technical Assistance. A "Notice of Technical Assistance" (NTA) shall be issued regarding any information received during the course of a Commission investigation in which substantial evidence demonstrates that circumstances exists that pose or may pose a potential risk to juveniles and/or staff, but in which it does not appear as though a violation of the Texas Administrative Code occurred.
(e) Referrals. Information received by the Commission that is determined not to be an allegation of abuse, neglect, exploitation or death or that does not fall within the investigation unit's purview shall be routed to the appropriate division within the Commission or to the agency, department, program or facility in which the incident is alleged to have occurred.
§350.500.Requests for Disciplinary Action.
Requests for disciplinary action shall be submitted in accordance with applicable agency administrative standards, policies and procedures.
§350.600.Retention, Release and Redaction of Commission Records.
(a) Record Development. In accordance with Texas Family Code §261.402, the Commission shall develop and maintain a record of each reported alleged incident of abuse, neglect, exploitation or death.
(b) Database. The Commission shall maintain an electronic database containing information regarding all reports of alleged incidents of abuse, neglect, exploitation, death and serious incidents.
(c) Preservation of Recordings and Transcripts. Recorded interviews and transcripts of recorded interviews maintained by the Commission shall be preserved in accordance with the Commission's record retention schedule and other applicable laws.
(d) Record Retention. The investigation records maintained by the Commission are confidential and shall be retained in accordance with the retention schedule adopted by the Commission or other applicable laws.
§350.610.Release of Confidential Information.
Confidential information shall be released in accordance with the Commission's policies and procedures and other applicable statutory provisions governing the disclosure of confidential information.
§350.620.Redaction of Records.
In certain cases, an alleged perpetrator's identifying information may be redacted from the Commission's records.
(1) Automatic Redaction. The Commission shall, in cases in which the disposition is baseless, automatically and permanently redact the alleged perpetrator's identifying information from the Commission's case record.
(2) Request for Redaction. The alleged perpetrator may request that his or her identifying information be redacted from the Commission's records if:
(A) The Commission's final disposition of the case in which the alleged perpetrator was involved is "Ruled Out";
(B) The alleged perpetrator submits the request for redaction in writing to the Commission's Legal Division;
(C) The alleged perpetrator submits the request for redaction within 30 calendar days of the last day of the corresponding limitation period described in this paragraph;
(D) The alleged perpetrator has been continuously employed within the Texas juvenile justice system for the time period as specified in this paragraph; and
(E) The alleged perpetrator has not been named as the subject of investigation in a subsequent case of abuse, neglect or exploitation.
(3) Limitation Periods. A request for redaction may only be made if all requirements of paragraph (1) of this section are met and if:
(A) Two years has expired from the date of the Commission's final disposition of "Ruled Out", and if, notwithstanding a violation of the Texas Administrative Code, the investigation of the alleged abuse, neglect or exploitation did not produce evidence of a violation of laws of this state or of the United States;
(B) Three years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation does not meet the elements of paragraph (1) or (3) of this section; or
(C) Five years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation involved serious physical abuse as defined by §358.100(b)(24) of this title or sexual conduct as defined by §358.100(b)(25), (26) or (27) of this title.
§350.700.Call Line.
To facilitate the reporting of allegations of abuse, neglect, exploitation, death and serious incidents, the Commission shall make available a toll-free call line to juveniles, parents, juvenile justice professionals and other concerned citizens.
§350.800.Serious Incidents.
An assessment shall be completed on all reported serious incidents received by the Commission to determine jurisdiction, classification and if follow-up action is needed. Based on the information received by the Commission, any report of a serious incident may be reclassified and assigned for investigation.
§350.900.Training and Quality Assurance.
Commission investigators shall receive current and relevant training in the discipline of investigating allegation of abuse, neglect, exploitation and death. Quality assurance measures shall be implemented to help ensure that Commission investigations are conducted in accordance with the rules contained herein and in accordance with the Commission's Abuse and Neglect Division's policies and procedures.
§350.901.Pre-Service Training.
Investigators shall receive pre-service training hours in the laws, statutes, administrative rules and agency policies and procedures governing and relevant to conducting administrative investigations of abuse, neglect, exploitation and death of juveniles within the juvenile justice system. Pre-service training, including structured and applied on-the-job training, shall be relevant to the knowledge and skills required for the performance of the investigator's job duties. All training shall be received from credible sources, knowledgeable in the specific training course.
§350.902.Competency Testing.
Investigators shall demonstrate through written examination, a minimum proficiency in select topics received during pre-service training.
§350.903.Continuing Education.
Continuing education shall consist of topics relevant to conducting investigations of abuse, neglect, exploitation and death of juveniles within the juvenile justice system and topics relevant to the practices of juvenile justice professionals.
(1) Investigators shall successfully complete a minimum number of hours of continuing education training every training unit.
(2) In addition to the requirements of paragraph (1) of this section, investigators licensed as peace officer shall adhere to the training requirements in accordance with the administrative rules as established by TCLEOSE in Title 37, Part 7 of the Texas Administrative Code.
§350.904.Quality Assurance.
During each fiscal year internal quality assurance reviews of active and completed investigations shall be conducted.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804192
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710
37 TAC §§358.100, 358.120, 358.140, 358.200, 358.220, 358.300, 358.320, 358.400, 358.420, 358.440, 358.460, 358.480, 358.500, 358.600, 358.620, 358.640, 358.660, 358.680, 358.700, 358.720, 358.740, 358.760, 358.780, 358.800, 358.820, 358.840, 358.900, 358.920
The Texas Juvenile Probation Commission proposes new Chapter 358 rules §§358.100, 358.120, 358.140, 358.200, 358.220, 358.300, 358.320, 358.400, 358.420, 358.440, 358.460, 358.480, 358.500, 358.600, 358.620, 358.640, 358.660, 358.680, 358.700, 358.720, 358.740, 358.760, 358.780, 358.800, 358.820, 358.840, 358.900 and 358.920, relating to indentifying, reporting and investigating abuse, neglect, exploitation, death and serious incidents in departments, programs and facilities. These new rules are being proposed to provide the departments, programs and facilities more comprehensive and well-formulated guidelines for identifying and reporting allegations of abuse, neglect and exploitation.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the new rules are in effect, there will be no fiscal implications to small businesses as a result of enforcement or implementation. The fiscal implications for state government, in particular, the Texas Juvenile Probation Commission will be minimal. The Texas Juvenile Probation Commission will provide the signage the facilities will be required to post regarding a juvenile's right and ability to report allegations of abuse, neglect and exploitation under §358.480. The fiscal impact to the local (county) government, if any, will be minimal. Local governments may opt to install a special phone line to accommodate the call-line as described under §358.440; however, taking such action is not a requirement of the rule and would be a voluntary expenditure.
Ms. Capers has also determined that for each year of the first five years the new rules are in effect, the public benefit expected as a result of enforcement or implementation will be to provide additional protections for the juveniles served throughout the juvenile justice system. There will be no impact on small business or individuals as a result of the amendments.
Public comments on the proposed amendments may be submitted to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
These rules are proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
The following rules will be repealed as a result of the adoption of new Chapter 358, including: §341.1(1) and (4); Subchapter D of §§341.15; 343.1(1) and (2); 343.3; 348.16; 348.17; 351.1(1) and (2); and 351.3 of this title.
§358.100.Definitions.
Terms used in this Chapter shall have the following meanings unless otherwise expressly defined within the Chapter.
(1) Abuse, Neglect, or Exploitation--The definitions of "abuse", "neglect" and "exploitation" shall have the meaning ascribed under Texas Family Code §261.001 and §261.401. This term also includes the definitions of serious physical abuse and sexual abuse herein.
(2) Administrator--The chief administrative officer of a juvenile probation department, a public or private juvenile justice program or an administrator of a public or private juvenile justice facility.
(3) Alleged Victim--A juvenile under the jurisdiction of the juvenile court or participating in a program operated under the authority of the governing board or juvenile board who is alleged to be a victim of abuse, neglect or exploitation.
(4) Attempted Suicide--Any voluntary and intentional action that could reasonably result in taking one's own life.
(5) Call Line--The toll-free line made available by the Commission to juveniles, professionals and private citizens for the purpose of reporting allegations of abuse, neglect, exploitation and serious incidents within the juvenile justice system.
(6) Commission--The Texas Juvenile Probation Commission.
(7) Death--The permanent cessation of all vital bodily functions.
(8) Escape--"Escape" means:
(A) The voluntary, unauthorized departure, or attempt to depart, by an individual who is in custody; or
(B) Failure to return to custody following an authorized temporary leave for a specific purpose or limited period.
(9) Founded--The finding assigned to an internal investigation when the evidence indicates that the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, occurred.
(10) Incident Report Form--The required form used to report to the Commission allegations of abuse, neglect, exploitation, death and serious incidents.
(11) Inconclusive--The finding assigned to an internal investigation when the evidence does not clearly indicate whether or not the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, occurred.
(12) Internal Investigation--A formalized and systematic inquiry conducted by the administrator or designee of a juvenile probation department, juvenile justice program or juvenile justice facility in response to an allegation of abuse, neglect, exploitation or death.
(13) Internal Investigation Report--The written report submitted to the Commission that summarizes the steps taken and the evidence collected during an internal investigation of an alleged incident of abuse, neglect, exploitation or death.
(14) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program.
(15) Juvenile Justice Facility ("facility")--A facility, including its premises and all affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes, but is not limited to:
(A) A public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover) required to be certified in accordance with Texas Family Code §51.12;
(B) A public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125, except for a facility operated solely for children committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction.
(16) Juvenile Justice Program ("program")--A program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under a contract with the governing board, or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
(17) Juvenile Probation Department ("department")--All physical offices and premises utilized by a county or district level governmental unit established under the authority of a juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of the Texas Family Code and Chapter 141 of the Texas Human Resources Code.
(18) Medical Treatment--Medical care, processes and procedures that are performed by a physician, physician assistant, licensed nurse practitioner, emergency medical technician (EMT), paramedic or dentist. Diagnostic procedures are excluded unless further intervention beyond basic first aid is required.
(19) Reasonable Belief--A belief that would be held by an ordinary and prudent person in the same circumstances as the reporter.
(20) Report--Formal notification to the Commission of an allegation of abuse, neglect, exploitation or death or of serious incident.
(21) Reportable Injury--Any injury sustained by accidentally, intentionally, recklessly or otherwise that:
(A) Requires medical treatment; or
(B) Results from a physical, mechanical or chemical restraint.
(22) Serious Incident--Any incident that is an attempted escape, attempted suicide, escape, reportable injury, youth-on-youth physical assault or youth sexual conduct.
(23) Serious Physical Abuse--Bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment.
(24) Sexual Abuse--Conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless of age, may not affirmatively or impliedly consent to the acts as defined herein under any circumstances.
(25) Sexual Abuse by Contact--Any physical contact with a juvenile that includes: intentional touching of the genitalia, anus, groin, breast, inner thigh or buttocks with the intent to abuse, arouse or gratify sexual desire; deviate sexual intercourse; sexual contact; sexual intercourse; or sexual performance as those terms are defined below.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of another person with a hand, finger or other object.
(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or
(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
(26) Sexual Abuse by Non-Contact--Any sexual behavior, conduct, harassment or actions other than those defined by sexual abuse by contact, which are exhibited, performed or simulated:
(A) in the presence of a juvenile or with reckless disregard for the presence of a juvenile;
(B) with the intent to arouse or gratify the sexual desire of any person;
(C) repeated verbal statement or comments of a sexual nature; and
(D) including demeaning references to gender, derogatory comments about body or clothing or profane or obscene language or gestures.
(E) These behaviors, conduct and actions include indecent exposure, voyeurism, distribution or exhibition of pornographic or sexually explicit material or sexual performance as defined in §358.100(25)(D) of this section.
(27) Subject of Investigation--A person alleged as being responsible for the abuse, neglect or exploitation of a juvenile through the person's own actions or failure to act.
(28) Unfounded--The finding assigned to an internal investigation when the evidence indicates the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, did not occur.
(29) Youth-on-Youth Physical Assault--A physical altercation between two or more juveniles that results in any of the involved parties sustaining an injury that requires medical treatment.
(30) Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, sexual performance as those terms are defined in §358.100(25) of this section or sexual behavior, conduct or actions which are exhibited, performed or simulated as those terms are defined in §358.100(26) of this section. A juvenile may not consent to the acts as defined herein under any circumstances. Consent may not be implied regardless of the age of the juvenile.
§358.120.Interpretation.
(a) Headings. The headings in this Chapter are for convenience only and are not intended as a guide to the interpretation of the standards herein.
(b) Including. The word, "including" when following a general statement or term, is not to be construed as limiting the general statement or term to any specific item or manner set forth or to similar items or matters, but rather as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its broadest possible scope.
§358.140.Applicability.
Unless otherwise noted, these standards apply to all alleged incidents of abuse, neglect and exploitation, death and serious incidents involving a juvenile and an employee, intern, volunteer, contractor or service provider (hereafter referred to as "any person" or "all persons") in a juvenile probation department ("department"), juvenile justice program ("program") or juvenile justice facility ("facility"), regardless of the location of the alleged incident of abuse, neglect, exploitation, death or serious incident.
§358.200.Policy and Procedure.
Departments, programs and facilities shall have written policies and procedures for reporting serious incidents to the Commission and for reporting allegations of abuse, neglect and exploitation, including death to local law enforcement, the Commission and other appropriate governmental units.
§358.220.Data Collection.
(a) Departments, programs and facilities shall fully and promptly provide requested data pertinent to alleged incidents of abuse, neglect, exploitation, death and serious incidents to the Commission.
(b) The data shall be submitted in the electronic format requested or supplied by the Commission.
(c) The data shall include:
(1) Alleged victim(s) name;
(2) Alleged victim(s) PID;
(3) Name of subject(s) of investigation;
(4) Date of birth and Texas driver's license or state issued identification number of subject(s) of investigation;
(5) Date of incident;
(6) Time of incident;
(7) Date the incident was reported to the Commission;
(8) Type of incident (i.e., abuse, neglect or exploitation (ANE), death or serious incident (SI));
(9) Type of injury, if applicable;
(10) Restraint related, if so, what type (i.e., physical, mechanical or chemical);
(11) Disposition of internal investigation (i.e., Founded, Unfounded, Inconclusive); and
(12) County generated case identification number.
(d) The data shall be supplied at least annually or as required by Commission.
(e) The effective date of this section is September 1, 2009.
§358.300.Serious Incidents.
(a) Duty to Report. Any person who witnesses, learns of, receives an oral or written statement from a juvenile or other person with knowledge of or who has a reasonable belief as to the occurrence of a serious incident involving a juvenile shall report to the Commission.
(b) Time to Report. A report of a serious incident under subsection (a) of this section shall be made within 24 hours from the time a person gains knowledge of or suspects the serious incident occurred.
(c) Methods of Reporting Serious Incidents.
(1) The report shall be made by phone, or by faxing or e-mailing a completed Incident Report Form to the Commission.
(2) If the report is made by phone, a completed Incident Report Form shall be subsequently submitted to the Commission within 24 hours of the phone report.
§358.320.Medical Documentation for Serious Incidents.
A treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Commission within 24 hours of receipt.
§358.400.Abuse, Neglect and Exploitation.
(a) Duty to Report. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge of or who has a reasonable belief as to the occurrence of an alleged incident of abuse, neglect or exploitation involving a juvenile shall report to the Commission and local law enforcement.
(b) Non-Delegation of Duty to Report. In accordance with Texas Family Code §261.101, the duty to report cannot be delegated to another person.
(c) Time to Report. A report of the alleged incident of abuse, neglect or exploitation under subsection (a) of this section, other than death and allegations involving serious physical abuse or sexual abuse, shall be made within 24 hours from the time a person gains knowledge of or suspects the alleged incident of abuse, neglect or exploitation.
(d) Methods for Reporting Abuse, Neglect and Exploitation.
(1) The report shall be made by phone, or by faxing or e-mailing a completed Incident Report Form to the Commission.
(2) If the report is made by phone, a completed Incident Report Form shall be subsequently submitted to the Commission within 24 hours of the phone report.
§358.420.Allegations Occurring Outside the Juvenile System.
Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of an alleged incident of abuse, neglect or exploitation involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor or service provider of a department, program or facility, shall be reported law enforcement and to the appropriate governmental unit as required in Texas Family Code Chapter 261.
§358.440.Reporting of Allegations by Juveniles.
(a) Right to Report. Juveniles in a facility shall have the right to report to the Commission alleged incidents of abuse, neglect and exploitation, including death and allegations of serious physical abuse and sexual abuse.
(1) Juveniles shall be advised in writing during orientation into the facility of their right to report alleged incidents under this subsection; and
(2) Juveniles shall be advised in writing during orientation into the facility of the Commission's toll-free number available for reporting alleged incidents under this subsection.
(b) Policy and Procedure. Departments, programs and facilities shall have written policies and procedures that address a juvenile's reasonable, free and confidential access to the Commission for reporting alleged incidents under subsection (a) of this section.
(c) Access to the Commission. Upon the request of a juvenile, staff shall facilitate the juvenile's unimpeded access to the Commission to report alleged incidents under subsection (a) of this section.
(d) Effective date. The effective date of this section is January 1, 2009.
§358.460.Parental Notification.
(a) Notification. Notification, or diligent efforts to notify, shall be made to the parents, guardians and custodians of a juvenile who has died or who is the alleged victim of an alleged incident of abuse, neglect or exploitation, including allegations of serious physical abuse or sexual abuse.
(b) Time of Notification. The notification, or the diligent efforts to make the notification under subsection (a) of this section, shall be made as soon as possible, but no later than 24 hours from the time a person gains knowledge of or suspects the alleged abuse, neglect, exploitation or death occurred.
(c) Method of Notification. The notification under subsection (a) of this section shall be made by phone, in writing or in person by the administrator or designee.
(d) Documentation of Notification. The notification, or the diligent efforts to make the notification under subsection (a) of this section, shall be documented on the Commission's Incident Report Form or in the internal investigation report.
§358.480.Signage.
(a) Departments, programs and facilities shall prominently display signage provided by the Commission regarding a zero-tolerance policy concerning abuse of juveniles.
(b) Signage under subsection (a) of this section shall be posted in all of the following places:
(1) Lobby or visitation areas of the department, program or facility to which the public has access;
(2) Youth housing and common areas;
(3) Common medical treatment areas;
(4) Common educational areas; and
(5) Other common areas.
(c) Signage under subsection (a) of this section shall be posted in both English and Spanish.
(d) The effective date of this section is January 1, 2009.
§358.500.Serious Physical Abuse and Sexual Abuse.
(a) Duty to Report. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of an alleged incident of serious physical abuse or sexual abuse involving a juvenile shall report to the Commission and local law enforcement.
(b) Time to Report.
(1) A report of alleged serious physical abuse or sexual abuse under subsection (a) of this section shall be made to local law enforcement immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse; and
(2) A report of alleged serious physical abuse or sexual abuse under subsection (a) of this section shall be made to the Commission immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse.
(c) Methods for Reporting Serious Physical Abuse and Sexual Abuse.
(1) The initial report shall be made to law enforcement;
(2) The initial report shall be made by phone or e-mail to the Commission; and
(3) Within 24 hours of the report by phone or e-mail of an alleged incident of serious physical abuse or sexual abuse, the completed Incident Report Form shall be submitted to the Commission by fax or e-mail.
§358.600.Death.
(a) Duty to Report. The administrator or designee shall report to the Commission and local law enforcement the death of a juvenile that occurs:
(1) On the premises of a department, program, facility; or
(2) Emanates from an illness, incident or injury that occurred on the premises of a department, program or facility; or
(3) Occurs while in the presence of a department, program or facility employee, intern, volunteer, contractor or service provider, regardless of the location.
(b) Time to Report.
(1) A report of a death shall be made to local law enforcement immediately, but no later than one (1) hour of the discovery or notification of the death; and
(2) A report of a death shall be made to the Commission immediately, but no later than four (4) hours from the discovery or notification of the death.
(c) Methods for Reporting Death.
(1) The initial report shall be made by phone to law enforcement;
(2) The initial report shall be made by phone or e-mail to the Commission; and
(3) Within 24 hours of the report by phone or e-mail of the death of a juvenile the completed Incident Report Form shall be submitted to the Commission by fax or e-mail.
§358.620.Custodial Death Investigation in a Facility.
Upon the death of a juvenile residing in a facility, the administrator shall:
(1) In accordance with Texas Code of Criminal Procedure Article 49.18(b) conduct an investigation of the death; and
(2) The investigation shall be conducted in accordance with §358.700 of this chapter.
§358.640.Custodial Death Investigation Report.
Upon the conclusion of the internal investigation of the custodial death of a juvenile in a facility, the administrator shall:
(1) In accordance with Texas Code of Criminal Procedure Article 49.18(b), file a written report of the cause of death with the state Attorney General no later than 30 days after the juvenile's death;
(2) Submit a copy of the death investigation report in subsection (a) to the Commission within 10 calendar days of completion; and
(3) Complete an internal investigation report in accordance with §358.800 of this chapter.
§358.660.Custodial Death Investigation in a Department or Program.
Upon the death of a juvenile in custody that occurs in a department or program as described under §358.600(a) of this chapter, the administrator or designee shall:
(1) Immediately initiate an internal investigation in accordance with §358.700 of this chapter; and
(2) Upon the conclusion of the internal investigation, complete an internal investigation report in accordance with §358.800 of this chapter.
§358.680.Non-Custodial Death Investigation in a Department or Program.
Upon the death of a juvenile not in custody that occurs in a department or Program as described under §358.600(a) of this chapter, the administrator or designee shall:
(1) Immediately initiate an internal investigation in accordance with §358.700 of this chapter; and
(2) Upon the conclusion of the internal investigation, complete an internal investigation report in accordance with §358.800 of this chapter.
§358.700.Internal Investigation.
(a) Investigation Requirement. An internal investigation shall be conducted by a person qualified by experience or training to conduct a comprehensive investigation in cases in which an incident of abuse, neglect, exploitation or death is alleged to have occurred. The effective date of this subsection shall be September 1, 2009.
(b) Policy and Procedure. Departments, programs and facilities shall have written policies and procedures for conducting internal investigations of allegations of abuse, neglect, exploitation and death.
(c) Conducting the Investigation. The internal investigation shall be conducted in accordance with the policies and procedures of the department, program or facility.
(d) Initiation of Investigation. The internal investigation shall be initiated immediately upon the administrator or designee gaining knowledge of the alleged abuse, neglect, exploitation or death.
(e) Timeframe for Internal Investigation. The internal investigation shall be completed within 30 business days of the initial report to the Commission. The Commission may extend this timeframe upon request. If an extension is granted, the Commission may request submission of all information compiled to date or a statement of the status of the investigation.
§358.720.Reassignment or Administrative Leave During the Internal Investigation.
(a) Until the finding of the internal investigation is determined, any person alleged to have abused, neglected or exploited a juvenile shall immediately be placed on administrative leave or reassigned to a position having no contact with the alleged victim, relatives of the alleged victim, or other juveniles.
(b) Until the finding of the internal investigation is determined, the person(s) alleged to have abused, neglected or exploited a juvenile resigns or is terminated from employment, the Commission shall be notified no later than the second business day after the resignation or termination.
(c) If an individual under subsection (b) of this section obtains employment in another jurisdiction prior to the finding of the internal investigation being determined, the person(s) under investigation shall not be placed in a position having any contact with any juveniles until the disposition of the internal investigation is finalized in the county of previous employment.
§358.740Written and Electronically Recorded Statements.
During the internal investigation, diligent efforts shall be made to obtain written or electronically recorded oral statements from all persons with direct knowledge of the alleged incident.
§358.760.Juvenile Board Responsibilities.
If the administrator is the person alleged to have abused, neglected or exploited a juvenile and the administrator is the highest ranking department, program or facility official, the juvenile board shall:
(1) Conduct the internal investigation in accordance with §358.700 of this chapter; or
(2) Appoint an individual to conduct the internal investigation in accordance with §358.700 of this chapter who is not one of the following:
(A) The person alleged to have abused, neglected or exploited a juvenile;
(B) A subordinate of the person alleged to have abused, neglected or exploited a juvenile; or
(C) A law enforcement officer currently acting in the capacity as a criminal investigator for the alleged incident of abuse, neglect, exploitation or death of a juvenile.
§358.780.Corrective Measures.
At the conclusion of the internal investigation, the governing board, the juvenile board, administrator or designee shall take appropriate corrective measures, if warranted, that may include, but are not limited to:
(1) A review of the policies and procedures pertinent to the alleged incident;
(2) Revision or modification of any policies or procedures as needed;
(3) Administrative disciplinary action or appropriate personnel actions against all persons found to have abused, neglected or exploited a juvenile; and
(4) The provision of additional training for all appropriate persons to ensure the safety of the juveniles, employees, interns, volunteers, contractors and service providers.
§358.800.Internal Investigation Report.
An internal investigation report shall be completed at the conclusion of all internal investigations resulting from an alleged incident of abuse, neglect, exploitation or death of a juvenile.
§358.820.Internal Investigation Report Components.
The internal investigation report shall include:
(1) The date the internal investigation was initiated;
(2) The date the internal investigation was completed;
(3) The date the alleged victim's parent, guardian or custodian was notified of the allegation, or documentation that diligent efforts to provide the notification were made;
(4) A summary of the original allegation;
(5) Relevant policies and procedures related to the incident;
(6) A summary or listing of the steps taken during the internal investigation;
(7) A written summary of the content of all oral interviews conducted;
(8) A listing of all evidence collected during the internal investigation, including all audio and/or video recordings, polygraph examinations, etc.;
(9) Relevant findings of the investigation that support the disposition;
(10) The assigned disposition of the internal investigation:
(A) Founded;
(B) Unfounded; or
(C) Inconclusive.
(11) The administrative disciplinary action or corrective measures taken to date, if applicable (e.g., termination, suspension, retrained, returned to duty or none, etc.);
(12) The date the internal investigation report was completed;
(13) The names of all persons who participated in conducting the internal investigation; and
(14) The name and signature of the person who submitted the internal investigation report.
§358.840.Submission of Internal Investigation Report.
(a) A copy of the internal investigation report shall be submitted to the Commission within five calendar days following its completion.
(b) The following documentation collected during the internal investigation shall be submitted to the Commission with the internal investigation report:
(1) Written statements;
(2) Relevant medical documentation, if the release is authorized by law;
(3) Training records, if applicable; and
(4) Any other documentation used to reach the disposition of the internal investigation.
§358.900.Cooperation with Commission Investigation.
(a) The juvenile board, administrator or designee shall fully and promptly cooperate with a Commission investigation of an alleged incident of abuse, neglect, exploitation or death of a juvenile by providing all evidence requested by the Commission in the format requested.
(b) All persons shall fully cooperate with any Commission investigation of an alleged incident of abuse, neglect, exploitation or death of a juvenile.
(c) The juvenile board, administrator or designee shall make a diligent effort to identify and make available for questioning all persons with knowledge of the alleged incident of abuse, neglect, exploitation or death which is the subject of a Commission investigation.
§358.920.Redaction of Records.
(a) Request for Redaction. The subject of investigation may request that his or her identifying information be redacted from the Commission's records if:
(1) The Commission's final disposition of the case in which the subject of investigation was involved is "Ruled Out";
(2) The subject of investigation submits the request for redaction in writing to the Commission's Legal Division;
(3) The subject of investigation submits the request for redaction within 30 calendar days of the last day of the corresponding limitation period described in subsection (b) of this section;
(4) The subject of investigation has been continuously employed within the Texas juvenile justice system for the time period as specified in subsection (b) of this section; and
(5) The subject of investigation has not been named as the subject of investigation in a subsequent case of abuse, neglect or exploitation.
(b) Limitation Periods. A request for redaction may only be made if all requirements of subsection (a) of this section are met and if:
(1) Two years has expired from the date of the Commission's final disposition of "Ruled Out", and if, notwithstanding a violation of the Texas Administrative Code, the investigation of the alleged abuse, neglect or exploitation did not produce evidence of a violation of laws of this state or of the United States;
(2) Three years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation does not meet the elements of paragraph (1) or (3) of this subsection; or
(3) Five years has expired from the date of the Commission's final disposition of "Ruled Out", if the allegation involved serious physical abuse as defined by §358.100(23) of this chapter or sexual conduct as defined by §358.100(24) - (26) of this chapter.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 8, 2008.
TRD-200804193
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 424-6710