TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 343. SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES
SUBCHAPTER
B.
The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §343.261, Resident Supervision, with changes to the proposed text as published in the January 10, 2025, issue of the Texas Register (50 TexReg 273). The rule will be republished.
SUMMARY OF CHANGES
Amendments to §343.261 will: (1) provide that, when supervision of juveniles is performed through an architectural barrier, such as a door or window, staff must be able to clearly see the juvenile without having to remove or relocate anything that might be on, covering, or blocking the observation window; (2) explain that facilities must have a policy prohibiting staff or residents from using any covering that prevents staff's ability to clearly see the resident without having to remove or relocate anything that might be on, covering, or blocking the observation window; (3) require that the facility policy address the actions to be taken if the policy is violated; (4) provide that refusal to remove an item blocking a window is considered a serious threat to the safety and/or security of the facility; and (5) clarify that nothing in this section requires continuous, uninterrupted visual supervision or constant visual supervision in instances in which such is not required by another section.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The amended section is adopted under §221.002, Human Resources Code, requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities.
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343.261.
(a) When supervision under this chapter is performed through an architectural barrier (e.g., door, window), staff must have the ability to clearly see the resident without having to remove or relocate anything that might be on, covering, or blocking the observation window, regardless of how frequently visual observation recordings are required.
(b) Facility policy must prohibit staff and residents from using any covering that prevents staff's ability to clearly see the resident without having to remove or relocate anything that might be on, covering, or blocking the observation window. Facility policy must address the actions to be taken if the prohibition is violated.
(c) The refusal by staff or a resident to remove an item that prevents staff's ability to clearly see the resident is considered a serious threat to facility safety and/or security.
(d) Nothing in this section requires continuous, uninterrupted visual supervision or constant visual supervision in instances in which such supervision is not required by another section.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 3, 2025.
TRD-202501087
Jana Jones
General Counsel
Texas Juvenile Justice Department
Effective date: May 1, 2025
Proposal publication date: January 10, 2025
For further information, please call: (512) 490-7278