ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 34. Waiver Program for Medically Dependent Children 25 TAC sec.sec.34.1-34.4 (Editor's Note: Chapter 15, Acts of the 72nd Legislature, 1st called session, 1991 (House Bill 7), as amended by Chapter 747, Acts of the 73rd Legislature, 1993 (House Bill 1510), authorized the Health and Human Services Commission, as a single state agency to administer Medicaid funds, to review programs and to transfer health and human services functions, programs, and activities among the state's health and human service agencies. The Waiver Program for Medically Department Children, formerly administered by the Texas Department of Human Services, is being administratively transferred from Title 40, Part I, Chapter 48 to Title 25, Part I, Chapter 34 effective September 1, 1995. A table, which lists the old and new section numbers, is being published in this issue of the Texas Register in the table and graphics section. Figure: 40 TAC Chapter 48 and 25 TAC Chapter 34 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XI. Texas Juvenile Probation Commission Chapter 343. Standards for Juvenile Detention Standards 37 TAC sec.sec.343.1-343.18 The Texas Juvenile Probation Commission adopts amendments to sec.sec.343. 1- 343.18, concerning the standards for juvenile detention standards, with changes to the proposed text as published in the November 17, 1995, issue of the Texas Register (20 TexReg 9552). The amendments are being adopted to revise existing standards which have been in effect since 1988. Adoption of these amendments will allow the Texas Juvenile Probation Commission with the authority to set minimum standards for facilities for juvenile offenders. Oral recommendations were received during public hearings held by the Texas Juvenile Probation Commission in Travis, Lubbock, Galveston, and Cameron counties. The following oral comments were recommended: Section 343.2, Administration, Organization, and Management Recommendation: sec.343.2(a)(3) defines reasonable amount of time to correct deficiencies". Section 343.4, Personnel Recommendation: sec.343.4(a) adds language at the end that states "The ethnic makeup of the facility staff should be reflective of the ethnic makeup of the residents of the facility." Recommendation: sec.343.4(a)(1) adds language to read "Detention officers shall follow the Code of Ethics contained in Chapter 341.1 of this title and be emotionally suited for working with juveniles." Recommendation: sec.343.5(a)(3), Certification. Adds phrase "or eligible for certification" after "each detention officer is certified". Recommendation: sec.343.5(2) changes language to read "New employees. The Superintendent of detention ensures detention officers receive 40 hours of orientation training approved by the Texas Juvenile Probation Commission. Section 343.8, Physical Plant Recommendation: sec.343.8(a)(4) Population. Replaces the word "design" with "rated". Section 343.9, Security and Control Recommendation: sec.343.9(a)(2)(D) Searches. Adds "or health care professional" after "only by a physician". Recommendation: sec.343.9(b)(1) adds wording to read "provisions for lockboxes to prevent firearms from entering the secure area of the facility." Recommendation: sec.343.9(b)(6) Restraints. Replaces "injury to person" with "injury to self or others." Recommendation: sec.343.9(b)(7)(D) recommends elimination of standard. Recommendation: sec.343.9(b)(7)(A) Use of Restraint Device. Replaces "full body restraint" with "complete immobilization with a four-point restraint". Recommendation: sec.343.9(a)(1) adds language to read: "(B) procedures governing the use of chemical agents and restraint devices, including TJPC approved training of staff in their use and prohibition of the use of percussion or electrical shocking devices by detention staff." Recommendation: sec.343.9(a)(1)(C) begins standard with "The use of private vehicles to transport juveniles is strongly discouraged." Section 343.10, Rules and Discipline Recommendation: sec.343.10(a)(1)(C) deletes "school". Recommendation: sec.343.10(2) adds language to read "When a juvenile is alleged to have committed a felony or misdemeanor while in detention, the case shall be referred to the appropriate agency for possible prosecution." Section 343.13, Medical and Health Services Recommendation: sec.343.13(b)(1)(A) changes "qualified nurse" to "licensed nurse". Section 343.16, Juvenile Rights Recommendation: sec.343.16(1) adds language to read "Illegal discrimination. Detained juveniles are not subject to discrimination based on race, national origin, religion, color, creed, sex, physical or mental disability or sexual orientation". Section 343.17, Programs Recommendation: sec.343.17(1) strikes out "Minimum of five hours of instruction" replace with "in accordance with local school district policies". The amendments are adopted under the Texas Human Resources Code, sec.sec.141. 001, 141.041, and 141.042, which provides the Texas Juvenile Probation Commission with the authority to set minimum standards for facilities for juvenile offenders and to adopt these rules for these purposes. sec.343.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Detention Officer -A person whose primary responsibility is the supervision of the daily activities of detained juveniles. Administrative, food services, janitorial, and other auxiliary staff are not considered to be detention officers. Control Room-A secure area which contains the emergency, monitoring, and communications systems and is staffed 24 hours each day that juveniles are in the facility. Detention-The temporary secure custody of a juvenile pending court disposition or transfer to another jurisdiction or agency. Hold over detention facility-A secure area separate from an adult jail that is used for no longer than 48 hours to hold a juvenile prior to a detention hearing or transfer to another jurisdiction or agency. sec.343.2. Administration, Organization and Management. (a) The following standards shall apply to all detention facilities. (1) Policy board. The juvenile board shall be responsible for setting policy for the facility. The facility shall be operated according to current written policies which address personnel, administration, daily living, programs and training. The juvenile board shall conduct an annual review of the policies. Policies shall be made available to each new employee at the time of employment. (2) Annual inspection. In compliance with the Texas Family Code, sec.51.12(c), the judge(s) of the juvenile court(s) and the members of the juvenile board shall personally inspect the detention facility at least annually and certify in writing that the facility is suitable for the detention of juveniles. The juvenile board shall provide the Texas Juvenile Probation Commission a copy of the standards used to certify the facility. (3) Monitoring. The Texas Juvenile Probation Commission shall annually monitor each detention facility for compliance with standards promulgated by said agency. The juvenile board shall be furnished with a report of the findings. Facilities found to be out of compliance shall be afforded a reasonable amount of time to correct deficiencies. In accordance with established procedure, a facility failing to come into compliance after such time may have state funding suspended or reduced. (4) Detention officer coverage. The detention facility shall be staffed by detention officers 24 hours each day, seven days a week, except when no juvenile is in the facility. During sleeping hours, at least one detention officer shall be awake and alert at all times. Electronic equipment may not be used to substitute for required detention officers. Observations of juveniles are to be provided to each juvenile's assigned caseworker or probation officer, and to other detention officers. If juveniles of both sexes are in the facility, both a male and a female detention officer shall be on duty. (b) The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Superintendent of Detention. The chief juvenile probation officer shall designate one administrative officer to be the superintendent of detention. The person designated shall be eligible for certification as a certified juvenile probation officer. The superintendent shall direct and evaluate the program of youth care and the operation of the facility. Another staff member may be designated to be in charge during the superintendent's absence. (2) Duties of the Superintendent of Detention. The duties of the superintendent of detention shall include, but shall not be limited to the following: (A) providing facility staff an organizational chart which accurately reflects the structure of authority, responsibility, and accountability within the facility; (B) reporting the death, abuse, or neglect of any detained juvenile in accordance with the law; (C) supervising expenditures and aiding in preparation of annual budgets as directed by the chief juvenile probation officer; (D) overseeing all phases of the daily program including staff schedules, maintenance, food service, educational programs, purchases, and housekeeping; (E) facilitating communication with other units within the juvenile probation department and with other elements of the juvenile justice system; and (F) insuring that the facility is in compliance with all required standards. (3) Detention officer to juvenile ratio. The detention officer to juvenile ratio shall not be less than: (A) one to eight during waking hours, one to six is preferred; (B) one to 18 during sleeping hours, one to 12 is preferred. (4) Duty hours. During waking hours, at least two detention officers shall be on duty. sec.343.3. Fiscal Management. The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Budget requests. The superintendent shall prepare a budget request in compliance with the policies and procedures of the juvenile board. (2) Juveniles' personal funds. Written policy shall describe the procedures regarding the handling of juveniles' personal funds held by the facility. The policy shall follow acceptable accounting procedures. sec.343.4. Personnel. The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Qualifications. Selection, retention, promotion and demotion of facility staff shall be made on the basis of knowledge, skills, and abilities. No person shall be discriminated against on the basis of age, sex, race, religion, national origin, or disability. Detention officers shall be required to follow the Code of Ethics contained in sec.341.1 of this title and be emotionally suited for working with juveniles. A detention officer shall be 21 years of age and have either a high school diploma or a general equivalency diploma. The age requirement may be waived in writing by the chairman of the juvenile board. Background investigations of prospective employees shall be conducted according to county policy. Preference in employment should be given to those best qualified by education and training in juvenile services. Preference should be given to those with bachelors' degrees conferred by accredited colleges and universities. Facilities should make a reasonable effort to ensure that the ethnic makeup of the facility staff be reflective of the ethnic makeup of the residents of the facility, consistent with the requirements of state and federal law. (2) Written policies. Written policies shall be made available to each new employee at the time of hire. The policies shall be reviewed annually and updated if necessary. The policies shall include, but shall not be limited to: (A) employee grievance procedures; (B) employee evaluation procedures requiring an annual written evaluation; and (C) job description including duties and responsibilities of each position and a description of the operational shift pattern. (3) Personnel record. The superintendent shall ensure that a personnel file is maintained for each employee which shall include the application for employment, references, performance evaluations, training records, and documentation of promotion, demotion, termination, and other personnel actions. (4) Salaries. The juvenile board shall ensure all salary levels for juvenile detention personnel are reasonable and comparable with prevailing salaries in the public and private sector, taking into consideration salaries paid to probation personnel and those in similar occupations. Juvenile detention personnel shall receive all applicable benefits and allowances paid to other county employees. (5) Code of Ethics. Section 341.1(a) of this title and the provisions for enforcement of that code by the Texas Juvenile Probation Commission shall be applicable to all juvenile detention facility employees. sec.343.5. Training and Staff Development. The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Training program. The superintendent shall ensure that detention officers participate in a training program with a curriculum which has been approved by the Texas Juvenile Probation Commission. (2) New employees. The superintendent shall ensure that detention officers receive 40 hours of orientation training approved by the Texas Juvenile Probation Commission. Detention officers shall be certified annually in cardiopulmonary resuscitation and in first aid. (3) Certification. The superintendent shall ensure that each detention officer is certified as required by the Texas Juvenile Probation Commission and receives 40 hours of training each year in addition to the required 40 hour orientation. (4) Professional involvement. The superintendent shall encourage detention personnel to participate in appropriate professional organizations, meetings, and conferences. sec.343.6. Management Information Systems. The following standards shall apply to all detention facilities. (1) Data collection. The superintendent shall ensure that accurate annual statistics pertaining to detained juveniles shall be gathered and recorded, including: (A) total number of admissions; (B) total juvenile detention days provided; (C) age, sex, and race of those detained; (D) referring offense of those detained; (E) length of stay; and (F) average cost per juvenile per day. (2) Management review. The superintendent shall participate in an annual evaluation of overall facility operations. Existing policies and practices shall be reviewed to determine their continuing relevance to the mission of the facility. (3) Research programs. The superintendent shall review all proposals for research for conformity with departmental policy. Detained juveniles may voluntarily participate in approved research programs. Medical, pharmacological, and cosmetic programs shall be forbidden. sec.343.7. Juveniles' Records. The following standards shall apply to all detention facilities. (1) Daily records. Written policies require: (A) a uniform format for identifying and separating files; (B) a record of entries made, dated and signed by the staff member responsible for the juvenile; (C) a daily report of admissions and releases; (D) a single document to identify all juveniles in the facility and their physical location; and (E) procedures to ensure confidentiality of records. (2) Admission. Each juvenile's admission form shall contain at least the following information: (A) date and time of admission and release; (B) names, nicknames and aliases, and social security number; (C) last known address; (D) reason for detention and referring offense; (E) name of attorney; (F) name, title, and signature of delivering officer; (G) sex, race, date of birth; (H) place of birth and citizenship; (I) education level and last school attended; (J) any employment history; (K) name, relationship, address, and phone number of parents, guardian, or persons with whom the juvenile resides at admission; (L) health assessment; (M) space for remarks; and (N) signature of the person recording the data. (3) Contents. Each juvenile's record is to be available to the detention staff, is kept in a secure place, and shall include at least the following: (A) admission form; (B) offense report; (C) referral source; (D) signed inventory of cash and property surrendered; (E) list of approved visitors; (F) name of assigned probation officer or caseworker; (G) record of juvenile's notification of program rules and disciplinary policy; (H) behavioral record including any special incidents, discipline, or grievances; (I) referrals to other agencies; and (J) final release or transfer report. sec.343.8. Physical Plant. (a) The following standards shall apply to all detention facilities. (1) Location. If the facility is on the grounds of any type of adult corrections facility, it shall be a separate, self contained unit. The facility shall be located so as to be reasonably accessible to juvenile justice agencies including law enforcement, prosecutors, courts, community agencies, and juveniles' lawyers and family. The facility shall conform to all applicable zoning ordinances. (2) Safety. The facility and its furnishing shall conform to all applicable state and local fire, building, health and waste disposal codes. (3) Exits. Facility exits shall be properly positioned, clear of obstruction, and permanently marked for evacuation in the event of fire or other emergency. All housing areas and places of assembly shall have a minimum of two exits. (4) Storage. Closets for storage of nonflammable cleaning supplies and equipment shall be located in each principal area and are well ventilated. Flammable materials are to be stored in a well-ventilated area outside the facility. (5) Safety plan. Written policies shall promote the safety of juveniles, staff, and visitors. The policies shall be reviewed annually by a qualified fire prevention and safety officer. These shall include, but shall not be limited to: (A) provision of adequate fire protection service; (B) semiannual inspection and testing of equipment by a fire safety officer; (C) provision of fire extinguishers at appropriate locations; (D) proper disposal of combustible refuse; (E) a posted plan for prompt evacuation of the facility; (F) training of staff to conduct fire drills on all shifts and to implement written emergency plans; (G) procedures for use and control of flammable, toxic, and caustic materials; and (H) provisions to detect and promptly correct conditions hazardous to the health and safety of juveniles and staff. (6) Population. The population in housing and living units shall not exceed the rated capacity of the facility. Written policies shall specify procedures to be followed in case the maximum capacity is unavoidably exceeded. Policies shall specify steps to be taken to reduce the population to the rated capacity. (7) Lighting. There shall be sufficient lighting available for the staff to adequately observe the residents and to perform assigned tasks. (8) Lavatory. There shall be a toilet and wash basin for at least every five juveniles. (9) Facility design. All housing areas shall provide for the following: (A) a temperature controlled shower or bath for at least every ten juveniles; (B) heating, ventilation, and acoustical systems that promote healthful and comfortable living and working conditions for juveniles and staff' and (C) access to a drinking fountain. (b) The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Sleeping units. Sleeping rooms shall be designed for single occupancy with a minimum ceiling height of seven and one-half feet and a minimum of 60 square feet of floor space. Juveniles held in sleeping rooms shall have access to a toilet above floor level, a wash basin, drinking water, running water, and a bed above floor level. There shall be separate sleeping rooms for male and female juveniles. Isolation rooms shall be equipped with a toilet, wash basin, running water and a bed. The design shall permit continual staff monitoring and frequent observation of ill, mentally ill, injured, and non-ambulatory juveniles. (2) Activity areas. The facility shall be designed to provide space for: (A) coeducational activities; (B) a visiting area; (C) religious activities; (D) medical and dental examination; (E) interview and counseling; (F) secure storage of personal property; (G) storage for clothing, bedding, and other supplies and equipment. (3) Preventive maintenance. A written plan shall provide for emergency repair or replacement of equipment. The plan is reviewed annually and updated if necessary. (4) Office area. The office in each housing unit shall have a telephone and permits observation of the general living area. It is to be used for communications, staff conferences, and storage of unit records. (5) Living units. Living units shall be designed to accommodate no more than 24 juveniles. Smaller units are preferred. (6) Common area. Total space for day rooms, classrooms, dining rooms, and recreation rooms shall encompass no less than 100 square feet per juvenile. (7) Kitchen area. If food is prepared in the facility, the kitchen area shall have a minimum of 200 square feet of floor space. (8) Dining area. The dining room shall provide a minimum of fifteen square feet of floor space per diner. (9) Alternate power source. The facility shall have an alternate source of power to operate lights, ventilation, communications systems, and electric door locks in case regular power is interrupted. Power systems shall be tested at least every two weeks. Other emergency equipment and systems shall be tested at least monthly. sec.343.9. Security and Control. (a) The following standards shall apply to all detention facilities. (1) Policy. Written policies for security and control of the facility standards shall include, but shall not be limited to, the following: (A) procedures to continue operation in the event of a work stoppage or other staff crisis; (B) procedures governing the use of chemical agents and restraint devices including training of staff in their use and prohibition of the use of percussion or electrical shocking devices by detention staff. Policies allowing the use of chemical agents shall include, but shall not be limited to the following criteria: (i) the juvenile board shall approve all chemical agents to be used and authorize in writing permission for staff to use them in limited situations; (ii) chemical agents can only be used when less severe methods to gain control of a riotous situation have been exhausted, are ineffective, or are impractical. Chemical agents may never be used as punishment; (iii) chemical agents may only be used by staff trained in their use; (iv) immediately following the use of a chemical agent, exposed juveniles shall be examined and treated if necessary by a medical professional; (v) in all cases, the use of a chemical agent shall be witnessed by a staff member other than the staff using the agent; and (vi) any use of a chemical agent is to be reported to the superintendent of detention immediately after the incident. (C) Policies governing the use of agency and personal vehicles to transport juveniles. Proper documentation of liability insurance coverage is required of all personnel who transport juveniles. Use of personal vehicles to transport juveniles is strongly discouraged. (2) Searches. Searches shall be conducted according to written policies limited to certain conditions. These standards shall include: (A) juveniles may be required to surrender their clothing and to shower upon admission; (B) juveniles may be required to surrender their clothing and submit to a search at times other than admission if necessary for facility security; (C) juveniles may be required to undergo an anal or genital body cavity search only if there is probable cause to believe that they are concealing contraband; (D) a body cavity search may be conducted only by a physician. (3) Special Incidents. All special incidents including, but not limited to the taking of hostages, escapes, assaults, staff use of restrain devices, chemical agents, and physical force shall be reported in writing to the superintendent. The report is placed in the permanent file of the juvenile concerned. (4) Restraints. Mechanical restraints may only be used for purposes of preventing injury to a person, preventing property damage, or preventing escape. Juveniles shall not be placed in restraints as punishment or as a substitute for room restriction. Written policies require that staff use only approved equipment for the purpose of mechanical restraint and may only use such equipment in a manner consistent with its intended use. The following are approved devices: (A) Handcuffs-Metal devices fastened around the wrist to restrain free movement of the hands and arms; (B) Wristlets-A cloth or leather band fastened around the wrist or arm which may be secured to a waist belt; (C) Anklets-Cloth or leather band fastened around the ankle or leg; (D) Ankle Cuffs-Metal, clothe or leather band fastened around the ankle to restrain free movement of the legs. Handcuffs may not be used to cuff the ankles; (E) Plastic Cuffs-Plastic devices fastened around the wrist or legs to restrain free movement of hands, arms or legs. Plastic cuffs should only be used in emergency situation; (F) Waist Band-A cloth, leather, or metal band fastened around the waist used to secure the arms to the sides or front of the body. (5) Use of restraints. Restraint devices shall be applied properly and not secured so tightly as to interfere with circulation nor so loosely as to cause chafing of the skin. The following use is prohibited: (A) devices shall not be secured to a stationary object except when complete immobilization is required by four-point restraint; (B) juveniles shall not be restrained to a fixed object in a standing position; (C) juveniles shall not be restrained to part of a vehicle during transportation. (6) Written policies. Policies for security and control of the facility standards shall include but shall not be limited to the following: (A) the control and use of keys. The superintendent shall determine which doors are to be kept locked except during emergencies; (B) inspections and maintenance of security devices; (C) control of the use of tools, medical, and kitchen equipment; (D) provision for lockboxes to prevent firearms from entering the secure area of the facility; (E) provision for the secure storage of chemical agents, restraining devices, and related security equipment. This equipment shall be readily accessible to authorized persons. (b) The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Classification plan. The facility shall be designed and constructed to allow juveniles to be grouped in living and activity areas in accordance with a classification plan. (2) Perimeter security. The facility shall be constructed so that juveniles remain within the premises and the general public is denied access without authorization. Perimeter security is maintained at all times. (3) Staff/Juvenile interaction. Living units should be designed so that sleeping rooms, activity areas, and staff offices shall be in close proximity to each other for purposes of communication and interaction. sec.343.10. Rules and Discipline. The following standards shall apply to all detention facilities. (1) Rules and sanctions. Written rules containing all specific acts prohibited, sanctions, and disciplinary procedures shall be provided and explained to each juvenile in his or her native language at admission. The following sanctions shall be prohibited: (A) corporal punishment, physical abuse, and humiliating punishment; (B) group punishment for the act of an individual; (C) deprivation of food, clothing, sleep, medical services, school, exercise, correspondence, parental contact, or legal assistance; and (D) one juvenile sanctioning another. (2) Law violations. When a juvenile is alleged to have committed a felony or misdemeanor while in detention, the case shall be referred to the appropriate agency for possible prosecution. (3) Enforcement. Written policy shall describe sanctions staff may impose in response to major rule violations. All such violations and corresponding staff actions shall be recorded in the juvenile's record. (A) Suspension of privileges. Prior to a suspension of privileges, the detention officer shall explain the reason for the privilege suspension and give the juvenile the opportunity to explain his or her behavior. (B) Separation from the group. Room restriction or confinement may be used only when a juvenile is out of control, repeatedly refuses to comply with rules, is a threat to himself or others, is threatened by the group, or at the direction of a medical professional as a health precaution. (i) Room restriction may be used as a cooling-off period for misbehavior and the juvenile should return to the group as soon as possible. During room restriction, a detention officer shall personally observe the juvenile no less than every 15 minutes. (ii) Room confinement may be ordered by a detention officer for up to 24 hours for serious rules violations. The detention officer shall complete a disciplinary report for submission to the superintendent of detention that describes the circumstances and the staff action taken in response to the violation. Isolation beyond 24 hours shall be approved by the superintendent or designee, and reauthorized, if necessary, every 24 hours. (C) Dress code. Policies may include reasonable rules concerning detained juveniles' dress and grooming including length and style of hair. sec.343.11. Food Service. The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Quality. Meals shall meet the dietary requirements of the United States Department of Agriculture school breakfast, lunch, and dinner dietary allowances. (2) Menu plans. Food service staff shall plan menus and follow the daily schedule whenever possible. Menus contain a variety of foods and recognize special occasions and holidays. (3) Modified diets. Modified diets may be provided upon the recommendation of a health professional or authorized by the superintendent for religious reasons. (4) Staff meals. Staff members shall supervise juveniles during meals. Staff shall eat the same meals provided to the juveniles if they choose to eat unless a modified diet is required for health or religious reasons. (5) Daily schedule. Two hot meals and one other meal which need not be hot shall be provided at regular times. No more than 14 hours may elapse between meals. sec.343.12. Hygiene. (a) The following standards shall apply to all detention facilities. (1) Bedding and towels. Each juvenile shall be provided suitable clean bedding including sheets, pillow and pillow case, mattress, and blankets if necessary. Bed linens shall be changed at least weekly and towels changed daily. (2) Housekeeping plan. A written housekeeping plan shall promote cleanliness, facility sanitation, and control of vermin. (b) The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Clothing. Clean clothing is to be provided upon admission. Socks and underclothing shall be issued daily, other clothing twice per week. (2) Personal cleanliness. Juveniles shall bathe or shower upon admission. The schedule shall provide for a daily bath or shower. Juveniles shall be given appropriate instruction in hygiene and shall be required to comply with acceptable rules of personal cleanliness and oral hygiene. sec.343.13. Medical and Health Services. (a) The following standards shall apply to all juvenile detention facilities. (1) Any juvenile presented for admission to detention and in need of emergency medical care due to injury, illness or intoxication or in need of mental health intervention shall not be admitted into detention. The referring person shall be directed to a health care facility to have the juvenile evaluated and treated. Subsequent admission to detention is contingent upon written medical clearance provided by a medical or mental health professional. (2) All juveniles admitted to detention shall be assessed to determine need for detoxification from alcohol or other substances. Intoxicated juveniles who have been medically cleared for admission should be segregated from other detainees and closely monitored by staff. (b) The following standards shall apply to all juvenile detention facilities except for hold over detention facilities. (1) Written policies shall describe the manner in which health care services shall be provided. Each juvenile shall be informed of the procedures. Policies shall include the following: (A) Health Service Authority. The superintendent shall designate a health authority with responsibility for health care decisions within the facility. The health service authority may be a physician, licensed nurse, paramedic, or emergency medical technician. Final medical judgement shall rest with a physician if the health service authority is not a medical doctor. (B) Health Service Coordinator. The superintendent shall designate a staff member to coordinate health care delivery in the facility. The health service coordinator shall receive special training in health care and be familiar with local health care providers and facilities. The superintendent should meet regularly with the health service authority and health service coordinator to review and assess the quality of health care delivery. (C) Referral. If a staff member believes that a detainee or staff member to be in need of immediate medical attention or if a juvenile or staff member requests treatment, that person shall be referred to the health service authority or health service coordinator. (D) Medical release. Facility staff should make every effort to obtain a signed consent to treatment from each detained juvenile's parents or guardian, or if they are not available, from a grandparent or other adult relative. If no relatives are available to give consent, and there are reasonable grounds to believe the juvenile is in need of immediate medical care, the health service authority or health service coordinator may authorize the treatment. (2) Training. Detention officers shall be trained to respond to health-related situations, including: (A) recognition of signs, symptoms, and actions required in emergency situations; (B) certification in first aid and cardiopulmonary resuscitation; (C) methods of obtaining assistance including posted telephone numbers of medical professionals; (D) recognition of symptoms of mental illness, mental retardation, and chemical dependency; (E) referral and transfer procedures; and (F) control of pharmaceuticals including security of drugs and prescriptions and documentation of prescribed dosages. (3) Medical room. If medical services are delivered in the facility, adequate space, equipment, secure storage, and supplies shall be provided. (4) Emergency procedures. Written policies provide: (A) a plan for the emergency evacuation of juveniles from the facility; and (B) arrangements for the use of one or more hospitals, emergency clinics, or other appropriate medical facilities, or on-call services when no emergency room is nearby. (5) Health screening. Within one hour of admission, a health screening shall be conducted on each detainee. Information obtained shall include, but is not limited to: (A) mental health problems; (B) suicide risk; (C) current state of health including allergies or other chronic conditions, and any illnesses such as tuberculosis, sexually transmitted and other infectious diseases. Questions should be structured to identify behaviors that indicate a high risk of contracting the AIDS virus, and informed consent requested to test such juveniles for HIV; (D) current use of medication including type, dosage, and prescribing physician; (E) dental problems; (F) vision problems; (G) drug and alcohol use; (H) physical disabilities; and (I) evidence of physical trauma. (6) Any finding of the health screening that indicates a significant potential health risk to the staff and residents shall be immediately reported to the superintendent. The affected resident shall be segregated from the general population until proper medical clearance is obtained. sec.343.14. Intake, Admission, and Release. The following standards shall apply to all detention facilities. (1) Intake. An intake or other officer authorized by the court shall be on duty at the facility or on call 24 hours a day. Written policy shall state the conditions under which the intake officer may authorize the conditional release of a juvenile referred to the facility. A detention officer shall orient each newly admitted juvenile to the facility including an explanation of the rules and grievance procedures and assigns the juvenile to a housing unit. (2) Personal property. Any personal property shall be taken from newly admitted juveniles and stored in a secure place. The juvenile shall be given a receipt for the property, and a copy of the receipt placed in the juvenile's file. (3) Assessment period. Juveniles should be assigned to the general program as soon as possible after admittance. Automatic room confinement for periods of time longer than that necessary to assess the risks and needs of the juvenile shall be prohibited. (4) Release. Procedures for releasing juveniles from custody shall include, but shall not be limited to: (A) verification of identity; (B) verification of release papers; (C) completion of release arrangements; (D) return of personal property; (E) instructions for forwarding mail; and (F) transportation arrangements. (5) Additional requirements. Additional standards pertaining to intake, admission and release can be found in the following sections of this document: (A) sec.343.7 Juveniles' Records (B) sec.343.10 Rules and Discipline (C) sec.343.12 Hygiene (D) sec.343.13 Medical and Health Care (E) sec.343.15 Communications (F) sec.343.16 Juveniles' Rights sec.343.15. Communications. The following standards shall apply to all detention facilities. (1) Visitation. Written policies shall allow for regularly scheduled visitation and procedures for emergency visitation. The parents or guardians of the detainee shall be provided a copy of the schedule, and a registry shall be provided to document the name, address and relation to the juvenile of all visitors. Attorneys and their representatives may visit detained juveniles at any time. (2) Telephone. Written policies shall allow reasonable and fair access to telephones and detail the specific time, length, and other limitations on calls. The parents or guardians of the detainee shall be provided a copy of the policy. (3) Correspondence. Written policies that govern correspondence standards shall include, but shall not be limited to: (A) Limitations. A juvenile's rights to privacy and correspondence may not be limited except when: (i) the staff have cause to suspect that certain correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility, or to violate state or federal laws; (ii) communication with certain individuals is specifically forbidden by the detained juvenile's court ordered rules of probation or parole rules, or by the facility's rules of separation; (iii) the juvenile's parents or guardian have furnished the staff a specific list of individuals who they feel should not communicate with the juvenile. Such incoming correspondence shall be returned unopened to the sender. (B) Materials and postage. Detainees shall be furnished with writing materials and postage for no fewer than two letters per week, and is furnished adequate postage for legal correspondence. (C) Forwarding mail. The facility shall forward all mail without delay unless there is reason to believe that the correspondence is limited by the conditions outlined above. Provisions shall be made to forward mail when the juvenile is released or transferred. (D) Searches. Mail may be opened by staff only in the presence of the juvenile with inspection limited to searching for contraband. Money received in the mail shall be held for the juvenile, with receipt provided, or returned to the sender. If staff has probable cause to suspect that a letter is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility, or to violate state or federal laws, and the juvenile will not voluntarily give permission for staff to read the letter a search warrant shall be obtained prior to opening and reading the letter. sec.343.16. Juveniles' Rights. The following standards shall apply to all detention facilities. (1) Illegal discrimination. Detained juveniles shall not be subjected to discrimination based on race, national origin, religion, color, creed, sex, or disability. (2) Staff supervision. Detained juveniles shall not be to be subjected to supervision and control by other juveniles. Supervision is to be exercised only by staff and trained volunteers. (3) Courts and legal counsel. Detained juveniles shall have access to the courts and have the right to be represented by an attorney. Detained juveniles have the right to confidential contact with attorneys through telephone, uncensored letters, and personal visits. (4) Punishment. Detained juveniles shall not be subjected to corporal punishment, humiliating treatment, mental abuse, or restraint devices as punishment. (5) Work. Detained juveniles may not be required to work unless the activity is related to general housekeeping or as required by a court order for community service restitution. (6) Visitation and communication. Detained juveniles have the right to receive visitors and to communicate and correspond subject only to the limitations necessary to maintain facility security and control. (7) Control and experimentation. Except upon the order of a physician, no stimulant, tranquilizer, or psychotropic drug shall be administered to juveniles for the purpose of behavioral management and control. Participation by detained juveniles in medical, pharmaceutical, or cosmetic experiments is prohibited. (8) Grievances. The facility shall have a written grievance procedure with at least one level of appeal which is explained and made available to each detainee upon admission. (9) Religion. Detained juveniles may participate in religious services and religious counseling voluntarily, subject to the limitations necessary to maintain facility security and control. (10) Services. Detained juveniles have the right to a program of services including: (A) supervision to protect personal safety; (B) adequate living quarters; (C) nutritious meals; (D) reading materials; (E) visitation; (F) counseling; and (G) education. sec.343.17. Programs. The following standards shall apply to all detention facilities except for hold over detention facilities. (1) Education. The superintendent shall develop a program which provides for coordination with local school officials. It is recommended that teacher/student ratios not exceed one to ten, and that instructors shall be certified by the Texas Education Agency. The program shall provide instruction in accordance with local school district policies. The program may include any of the following: (A) coordinating with the school liaison officer to help ensure that juveniles stay current with school work while in detention; (B) basic skills training; (C) remedial and special education; and (D) cooperative alternative education programs. (2) Library services. The superintendent may designate a staff member or trained volunteer as library coordinator. The coordinator is responsible for ensuring that an adequate amount of books, magazines, and other materials shall be available. (3) Recreation. The superintendent may designate a staff member or trained volunteer as recreation coordinator. Indoor and outdoor recreational equipment and supplies shall be provided. The recreational schedule standards shall include: (A) at least one hour of organized physical activity per day; and (B) at least one hour of unscheduled activity per day. (4) Work. Detained juveniles shall be required to assume responsibilities for cleaning their own rooms and other areas of the facility. Other work shall be voluntary and meet state and federal child labor and minimum wage laws unless it involves court-ordered community service restitution. Juveniles shall not be required to perform personal services for staff. (5) Religion. The superintendent may designate a staff member or trained volunteer to coordinate the facility's religious program. Juveniles' participation in religious services shall be voluntary. sec.343.18. Citizen and Volunteer Involvement. The following standards shall apply to all detention facilities. (1) Policies. Written policies for the volunteer program shall include a description of the authority, responsibility, and accountability of volunteers who work with detained juveniles. The policies shall include, but shall not be limited to: (A) screening, selection, and termination criteria; (B) orientation and training requirements; (C) a requirement that volunteers meet minimum professional requirements; and (D) provision for a volunteer sign-in log. (2) Advisory board. In order to enhance citizen involvement, the superintendent coordinates with the chief juvenile probation officer to ensure that the Citizens Advisory Council is made aware of issues affecting the detention facility. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 23, 1996. TRD-9600963 Vicki Wright Executive Director Texas Juvenile Probation Commission Effective date: February 13, 1996 Proposal publication date: November 17, 1995 For further information, please call: (512) 443-2001 Chapter 344. Standards for Secure-Post Adjudication Juvenile Residential Facilities 37 TAC sec.sec.344.1-344.17 The Texas Juvenile Probation Commission adopts new sec. sec.344.1-344.17, concerning the minimum standards for county-authorized post-adjudication facilities for juvenile offenders. Sections 344.1, 344.6, 344.7, and 344.16 are adopted with changes to the proposed text as published in the November 21, 1995, issue of the Texas Register (20 TexReg 9676). Sections 344.2-344. 5, 344.8- 344.15, and 344.17 are adopted without changes and will not be republished. The new sections are adopted in order to increase public safety and enhance rehabilitated services. Adoption of these new sections will set minimum standards for facilities for juvenile offenders. Oral comments were received as a result of the Texas Juvenile Probation Commission holding public hearings in Travis, Lubbock, Galveston, and Cameron counties. The following oral comments were received: Section 344.1, Definitions Recommendation: Secure post adjudicatory residential facilities-tighten definition to leave no doubt that non-secure facilities are excluded from the definition. Section 344.2(e), Administration Recommendation: adds language to read "The person designated must meet the requirements for certification as a juvenile probation officer and have at least three years of experience in juvenile probation or detention work." Section 344.6, Juvenile's Records Recommendation: sec.344.6(b)(13) changes language to read "health assessment, including a medical release signed by the parent, guardian, or conservator or a court order authorizing the juvenile's medical treatment, immunization records, and need for handicapped services;" Section 344.7, Physical Plant Recommendation: sec.344.7(c)(3)(B) changes language to read "Multiple Occupancy: 35 square feet of common area space per occupant." Recommendation: sec.344.7(c)(8) changes ratio of showers to juveniles to one to 12. Recommendation: sec.344.7(c)(9) adds "and in accordance with local and federal law" to read "Handicapped juveniles are housed in a manner that provides for their safety and security and in accordance with local and federal law." Recommendation: sec.344.7(c)(4) deletes "security requirements). Section 344.16, Programs Recommendation: sec.344.16(f)(3) adds language to read "The plan is reviewed and updated at least every ninety days." Recommendation: sec.344.16(f) adds language to read Program Plan. "The plan includes involvement with the juvenile's family in such areas as conflict resolution and family preservation." The new sections are adopted under the Texas Human Resources Code, sec.sec.141. 001, 141.041, and 141.042, which provides the Texas Juvenile Probation Commission with the authority to set minimum standards for facilities for juvenile offenders and to adopt the rules for these purposes. sec.344.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Secure Post Adjudicatory Residential Facility -A public secure facility administered by a Juvenile Board or a privately-operated facility certified by the juvenile board intended for the treatment and rehabilitation of youth who have been placed on probation for a delinquent offense. Any non-secure residential program operating under the authority of a juvenile board shall not be subject to these standards. Boot Camp-A facility meeting the above definition that features military- style discipline and structure as an integral part of its treatment and rehabilitation program. Certification-Facilities, whether county or privately-operated, shall be annually inspected and certified by the Juvenile Board of the county in which the facility shall be located as a suitable and appropriate placement for juveniles. Juvenile Corrections Officer-A person whose primary responsibility is the supervision of the daily activities of juveniles in residence. Clerical, food service, janitorial and other auxiliary staff are not considered to be Juvenile Corrections Officers. sec.344.6. Juvenile's Records. (a) Daily Records. Written polices shall require: (1) a uniform format for identifying and separating files; (2) record entries made, dated, and signed by the staff member responsible for the resident; (3) a daily report of admissions and releases; (4) a single document to identify all juveniles in the facility and their physical location; (5) procedures to ensure confidentiality of records; (6) an individual program plan on each resident; and (7) all other documentation required for the appropriate level of care provided in the facility, in accordance with Levels of Care adopted by the Health and Human Services Commission. (b) Admissions. Each resident's admission file shall contain at least the following: (1) date and time of admission and release; (2) name, aliases and nicknames and social security number; (3) last known address; (4) adjudicated offense; (5) name and phone number of resident's attorney; (6) name, title, and signature of delivering officer; (7) court order; (8) race, sex, and date of birth; (9) citizenship; (10) educational history and school records; (11) employment history; (12) name, relationship, address, and phone number of parents, guardian, or persons with whom juvenile resided at the time of admission; (13) health assessment, including a medical release signed by the parent, guardian, or conservator or a court order authorizing the juvenile's medical treatment, immunization records, and need for handicapped services; (14) current medical, dental, and psychological evaluation; (15) common application; (16) space for remarks; and (17) name of person recording data. (c) Contents: Each juvenile's record shall be made available to the treatment staff, shall be kept in a secure place, and shall include at least the following: (1) admissions form; (2) delinquent history; (3) referral source; (4) signed inventory of cash and property held; (5) list of approved visitors; (6) progress reports; (7) program rules and disciplinary policy signed by resident; (8) grievance and disciplinary record; (9) individual program and treatment plan; (10) final release and transfer report. sec.344.7. Physical Plant. (a) Building and Safety Codes. (1) The facility shall conform to applicable federal, state and/or local building codes. (2) The facility shall conform to applicable zoning ordinances or has a plan to comply with or change such laws, codes or zoning ordinances. (3) The facility shall conform to applicable federal, state, and/or local fire safety codes. Compliance shall be documented by the authority having jurisdiction. A fire alarm system shall be required and shall be approved by the authority having jurisdiction. The authority approves any variances, exceptions, or equivalencies that do not constitute a serious life safety threat to the occupants of the facility. (4) There shall be documentation by a qualified source that the interior finishing materials in juvenile living areas, exit areas and places of public assembly are in accordance with recognized codes. (5) Written policy shall require that regular inspections be made of all fire safety equipment including extinguishers, fire alarms, storage procedures, and alternative power source. (b) Size, Organization, and Location. (1) Staff/Juvenile Interaction. Physical plant design shall facilitate personal contact and interaction between staff and juveniles. (2) Facility Size. (A) The community based correction facility shall operate with living units of no more than 24 juveniles each. Boot Camps shall operate with living units of no more than 50 juveniles each. (B) If the facility is located on property shared with another correctional facility, such as an adult community based correctional facility and/or juvenile detention facility, it shall be administered as a separate program. All applicable federal and state laws pertaining to separation of juveniles from adult inmates shall be observed. (C) Written policy and procedures provide that a new community based correctional facility or special purpose institution be constructed or an existing facility be expanded only after a needs assessment has been completed by the juvenile board or other appropriate agency. (D) The facility location shall be selected with participation from the community in which it shall be located. (E) The population of the facility shall not exceed the rated capacity. Written policies shall specify procedures to be followed to reduce the population in case the maximum capacity is unavoidably exceeded. (F) The facility location should facilitate use of community-based services and continued contact between juveniles and their families. (c) Housing. (1) Living units shall be designed to provide a degree of privacy for the residents consistent with the need for security and proper supervision. (2) The security of the facility shall be designed and constructed so juveniles can be grouped in living and activity areas in accordance with a classification plan. (3) Floor space for sleeping areas in which juveniles are confined shall conform with the following minimum requirements. (A) Single Occupancy: 60 total square feet (B) Multiple Occupancy: 35 square feet of shared common area per occupant. (C) Boot Camps: 25 square feet of shared common area per occupant. (4) Bunk beds shall not exceed two levels. (5) Each sleeping room shall have at a minimum the following facilities and conditions: (A) Sanitation facilities, including access to toilet facilities that shall be available for use 24 hours a day. (B) Access to a wash basin with hot and cold running water; (C) A bed above floor level, space for clothing and personal effects; and (D) Thermostatically controlled temperatures. (6) Day rooms with space for varied juvenile activities shall be situated adjacent to the juvenile sleeping areas. Day rooms shall provide a minimum of 35 square feet of space per juvenile (exclusive of lavatories, showers, and toilets) for the maximum number expected to use the day room at one time. Day rooms shall provide sufficient seating and writing surfaces for every juvenile using the day room at one time. Furnishings shall be consistent with the security needs of the assigned juveniles. (7) Toilets shall be provided at a minimum ratio of one for every 12 juveniles in male facilities, and one for every eight in female facilities. For new facilities, the ratio shall be one for every six juveniles. Urinals may be substituted for up to one half of the toilets in all-male facilities. All housing units with five or more juveniles shall have a minimum of two toilets. (8) Residents shall have access to operable showers with temperature- controlled hot and cold running water at a minimum ratio of one shower for every eight juveniles. Water for showers shall be thermostatically controlled to temperatures ranging from 100 to 120 degrees Fahrenheit to ensure the safety of juveniles and to promote hygienic practices. (9) Handicapped juveniles shall be housed in a manner that provides for their safety and security and in accordance with state and federal law. Rooms or housing units used by the handicapped shall be designed for their use and provide for integration with the general population. Appropriate facility programs and activities shall be accessible to handicapped juveniles confined in the facility. (10) Isolation rooms shall be equipped with a toilet, wash basin, running water and a bed. (d) Environmental Conditions: Housing Areas. Written policy, procedure, and practice shall require that all housing areas provide a minimum in the following: (1) natural light available from source within 20 feet of the room; (2) artificial lighting suitable for tasks to be performed; (3) access to drinking fountain; (4) heating, ventilation and acoustical systems to ensure healthful and comfortable living and working conditions for juveniles and staff; and (5) an alternative power source to operate lights, ventilation, communications, and electric doors in case power shall be interrupted. (e) Program and Services Areas. Adequate space shall be provided for the various program and service functions conducted in the facility. Spatial requirements are best determined by careful assessment of how, when, and by how many juveniles such spaces are used. Minimum requirements shall be: (1) Exercise Area. Outdoor and covered/enclosed exercise areas for general population juveniles shall be provided in sufficient number to ensure that each juvenile shall be offered at least one hour of access daily. (2) Visiting. Sufficient space shall be provided for a visiting room or area for visitation. There shall be adequately designed space to permit screening and searching of both juveniles and visitors. Space shall be provided for the proper storage of visitors' personal items not allowed into the visiting area. (3) Interview Space. There shall be an interview and counseling space available in or near the living unit. (4) Classrooms. School classrooms shall be designed in conformity with local or state educational requirements and with security requirements of the facility. (5) Dining Areas. There shall be at least 15 square feet of floor space per person using the dining room or dining area. Space shall be provided for group dining except where security or safety considerations justify otherwise. (6) Food Service. The food preparation area shall include a space for food preparation based on population size, type of food preparation, and method of meal service. There shall be provisions for adequate storage and loading areas and garbage disposal facilities. (7) Sanitation and Hygiene. Toilet and wash basin facilities shall be available to food service personnel and juveniles in the vicinity of the food preparation area. Equipment and kitchen shall be cleaned at least daily. Hair nets shall be worn by all food service staff when preparing and serving food. (8) Housekeeping. Adequate space shall be provided for janitorial closets that are accessible to the living and activity areas. Each closet shall be equipped with a sink, cleaning implements, and a system of ventilation. (9) Clothing and Supplies. Space shall be provided in the facility to store and issue clothing, bedding, personal hygiene, cleaning supplies, and other items required for daily operations. (10) Personal Property. Space shall be provided for secure storage of the resident's personal property. (11) Mechanical Equipment. Separate and adequate space shall be provided for mechanical and electrical equipment. (f) Administrative and Staff Areas. (1) Administrative Areas. Adequate space shall be provided for administrative, security, professional, and clerical staff. This space shall include conference rooms, storage room for records, a public lobby, and toilet facilities. (2) Access to Individuals with Disabilities. All parts of the facility that are accessible to the public shall be accessible to and usable by staff and visitors with physical disabilities. sec.344.16. Programs. (a) Education Services. The administrative officer shall develop a program which provides for coordination with local school officials within the area served by the facility. It is recommended that teacher student ratios not exceed one to ten, and that instructors be certified by the Texas Education Agency. The program shall provide education to each juvenile in the facility appropriate to the juvenile's needs but not less than four hours on every day that school is normally in session and may include any of the following: (1) providing accredited education programs which can enhance the juvenile's basic skills; (2) providing remedial and special education to help improve the juvenile's capacity to perform in school; (3) allotting space to an independent school district to provide instruction at the community based correction facility; and (4) providing alternative education programs required by the Texas Education Code, Chapter 37. (b) Library Services. Library services and materials shall be available to all residents. (1) The administrative officer may designate a staff member or trained volunteer as library coordinator. (2) Library materials shall consist of books, magazines, and recordings which meet the educational, informational, and recreational needs of residents. (c) Recreation and Activities. Recreation and activities shall be available to all residents. (1) The administrative officer may designate a staff member or trained volunteer as recreation coordinator. (2) Each juvenile shall participate in one hour of organized physical exercise each day. (3) Each juvenile shall be allowed at least one hour of unstructured activities each day. (4) Recreational material, equipment, and supplies shall be provided for indoor and outdoor activities. (d) Work. Residents shall be permitted to work only in compliance with state and federal child labor laws and minimum wage laws. The juveniles shall be required to assume responsibilities for cleaning their own rooms and shared living space. Work assignments shall not conflict with or substitute for education, recreation, or other programming. Juveniles may be required to work in accordance with an order for community service restitution. Juveniles shall not perform personal services for staff. (e) Religion. The administrative officer may designate a qualified staff member or volunteer to coordinate the facility's religious programs. (f) Individualized Treatment. The administrative officer shall assure that appropriate services shall be available to meet each juvenile's needs as documented in his or her Individual Program Plan. The plan shall include involvement with the juvenile's family in such areas as conflict resolution and family preservation. Written policy and procedure shall ensure that: (1) Facility staff complete the resident's Individual Program Plan within 30 days of admission. The responsible staff member and resident shall sign the plan, and copies shall be provided to the juvenile's parent and the juvenile court of record. (2) Resident's shall have input into the design of the Individual Program Plan and in any changes to the plan. (3) The resident's progress shall be reviewed and documented at least every two weeks. The Individualized Program Plan shall be reviewed and updated at least every ninety days. (4) Prior to release from the facility, a final review of the Plan shall be conducted and a release plan shall be formulated in cooperation with the juvenile court of record and the resident's parents. (g) Rehabilitative Services. Written policy and procedure shall provide for a social services program that shall include, but shall not be limited to: (1) Individual, group, and family counseling; (2) substance abuse counseling and treatment; (3) AIDS awareness; and (4) specialized treatment. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 23, 1996. TRD-9600962 Vicki Wright Executive Director Texas Juvenile Probation Commission Effective date: February 13, 1996 Proposal publication date: November 21, 1995 For further information, please call: (512) 443-2001 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 6. Disaster Assistance Program The Texas Department of Human Services (DHS) adopts amendments to sec.sec.6.1, 6.101-6.104, 6.301, 6.304, and 6.305, without changes to the proposed text as published in the December 12, 1995, issue of the Texas Register (20 TexReg 10582). Justification for the amendments is to comply with requirements of the National Flood Insurance Reform Act of 1994. A grant recipient whose damaged home is in a designated flood hazard area must purchase and maintain flood insurance for as long as he lives at the property address. Other changes update the rules to be in compliance with federal requirements. The amendments will function by providing clear rules which reflect federal requirements. The department received no comments regarding the adoption of the amendments. General Information 40 TAC sec.6.1 The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. The amendment implements Human Resources Code, sec.sec.22.001-22.024. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 23, 1996. TRD-9600946 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 13, 1996 Proposal publication date: December 12, 1995 For further information, please call: (512) 438-3765 Eligibility Criteria for Individuals and Family Grants 40 TAC sec.sec.6.101-6.104 The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. The amendments implement Human Resources Code, sec.sec.22.001-22.024. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 23, 1996. TRD-9600947 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 13, 1996 Proposal publication date: December 12, 1995 For further information, please call: (512) 438-3765 Case Decision, Review, and Closing 40 TAC sec.sec.6.301, 6.304, 6.305 The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. The amendments implement Human Resources Code, sec.sec.22.001-22.024. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 23, 1996. TRD-9600948 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 13, 1996 Proposal publication date: December 12, 1995 For further information, please call (512) 438-3765 Chapter 48. Community Care for Aged and Disabled Medicaid Waiver Program for Persons with Related Conditions 40 TAC sec.48.2101 The Texas Department of Human Services (DHS) adopts an amendment to sec.48.2101, without changes to the proposed text as published in the November 21, 1995, issue of the Texas Register (20 TexReg 9684). Justification for the amendment is to provide access to correct rules. The amendment will function by deleting an obsolete reference to the Intermediate Care Facility for Mentally Retarded chapter, which is now administered by the Texas Department of Mental Health and Mental Retardation. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs, and under Texas Civil Statutes, Article 4413(502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 22, 1996. TRD-9600907 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 12, 1996 Proposal publication date: November 21, 1995 For further information, please call: (512) 438-3765 40 TAC sec.sec.48.2501-48.2503, 48.9811 (Editor's Note: Chapter 15, Acts of the 72nd Legislature, 1st called session, 1991 (House Bill 7), as amended by Chapter 747, Acts of the 73rd Legislature, 1993 (House Bill 1510), authorized the Health and Human Services Commission, as a single state agency to administer Medicaid funds, to review programs and to transfer health and human services functions, programs, and activities among the state's health and human service agencies. The Waiver Program for Medically Department Children, formerly administered by the Texas Department of Human Services, is being administratively transferred from Title 40, Part I, Chapter 48 to Title 25, Part I, Chapter 34 effective September 1, 1995. A table, which lists the old and new section numbers, is being published in this issue of the Texas Register in the table and graphics section. Figure: 40 TAC Chapter 48 and 25 TAC Chapter 34