PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS
SUBCHAPTER B. JUVENILE BOARD RESPONSIBILITIES
The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §341.204 (concerning residential placement) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1416). The amended section will not be republished.
SUMMARY OF CHANGES
The amendments to §341.204 add that: (1) a juvenile board or juvenile probation department may contract with a facility that was constructed or previously used for the confinement of adult offenders only after TJJD has determined the facility has been appropriately retrofitted to comply with related standards; and (2) TJJD will maintain a list of pre-approved facilities.
The amendments to §341.204 also: (1) add that, if the facility is not on the list of pre-approved facilities, the juvenile board or juvenile probation department must request approval from TJJD and submit any information TJJD needs in order to make a determination under this provision; and (2) note that a given subsection does not apply to facilities registered with TJJD.
PUBLIC COMMENTS
TJJD received a public comment from Disability Rights Texas.
Comment: Regarding subsection (c) about placement in a facility constructed or previously used for adult offenders, the language should be amended to clearly state that juveniles will not be placed in a retrofitted facility until TJJD has determined that the facility has been appropriately retrofitted to comply with TJJD standards.
Response: The rule text states "A juvenile board or juvenile probation department may contract with a facility that was constructed or previously used for the confinement of adult offenders only after TJJD has determined the facility has been appropriately retrofitted to comply with TJJD standards related to facilities." TJJD believes this language meets the intent of the comment, as the no contract for the placement of youth would be able to be executed until TJJD made a determination of compliance with TJJD standards. No youth would be placed in a facility until a juvenile board or juvenile probation department had the authority and contract to do so.
STATUTORY AUTHORITY
The amended section is adopted under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to properly accomplish TJJD’s functions and to adopt rules for governing TJJD schools, facilities, and programs.
The amended section is also adopted under §203.018, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which allows probation departments and TJJD to use facilities previously constructed or used for adult offenders, if TJJD determines the facility is appropriately retrofitted to meet youth-specific standards.
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 July 2, 2024.
TRD-202402930
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
SUBCHAPTER B. PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS
The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §343.206 (concerning certification and registration of facility) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1417). The amended rule will not be republished.
SUMMARY OF CHANGES
The amendments to §343.206 add that: (1) TJJD will not register a facility that was constructed or previously used for the confinement of adult offenders unless TJJD determines the facility has been appropriately retrofitted to comply with related standards; and (2) a juvenile who has been committed to TJJD and is awaiting transport to a TJJD facility may be housed in a post-adjudication secure facility in a bed that is designated as a pre-adjudication bed or dually-designated as a pre-adjudication bed or a post-adjudication bed.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The amended section is adopted under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The amended section is also adopted under §203.018, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which allows probation departments and TJJD to use facilities previously constructed or used for adult offenders, if TJJD determines the facility is appropriately retrofitted to meet youth-specific standards.
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 July 2, 2024.
TRD-202402931
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §344.360 (concerning disclosure and review of applicant's prior history), §344.370 (concerning review by TJJD regarding eligibility for certification), and §344.690 (concerning credit for training hours for military service members, spouses, and veterans) and adopts amendments to 37 TAC §344.110 (concerning interpretation and applicability), §344.200 (concerning general qualifications for positions requiring certification), §344.202 (concerning general qualifications for faculty administrators), and §344.866 (concerning certification status) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1418). The new and amended rules will not be republished.
TJJD also adopts amendments to 37 TAC §344.204 (concerning education requirements) with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1418). The amended rule will be republished.
BACKGROUND AND JUSTIFICATION
The new amendment to §344.204 explains that a department or facility may submit documentation to establish that a state agency in Texas or licensing entity in Texas has accepted a foreign high school diploma as sufficient to meet an employment or licensing requirement to have a high school diploma. The new amendment also explains that TJJD will determine whether the diploma is sufficient to meet the certification criterion related to having a high school diploma.
SUMMARY OF CHANGES
The amendments to §344.110 add that the requirements in this chapter are not subject to a waiver or variance except as provided in this chapter.
The amendments to §344.200 delete: (1) the phrase be of good moral character from the general requirements for certification as a juvenile probation officer, juvenile supervision officer, and a community activities officer; and (2) the phrase possess the work experience or graduate study required elsewhere in this chapter from the general requirements for certification as a juvenile supervision officer.
The amendments to §344.202 delete the phrase possess the work experience or graduate study required elsewhere in this chapter from the general requirements for facility administrators.
In addition to the new amendment listed above, the amendments to §344.204: 1) clarify that to be eligible for certification as a juvenile probation officer, an individual must have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board; 2) add that a new subsection ("Waiver of Education Requirement for Military") applies only to a person who is a military service member or military veteran who does not have a high school diploma or equivalent and who holds a current license issued by another jurisdiction for a position that is similar and with licensing requirements that are similar to TJJD's certification requirements for a juvenile supervision officer or community activities officer; and 3) add that a department or facility that wishes to hire a military service member or military veteran in a position requiring certification as a juvenile supervision officer or community activities officer may request a waiver of the requirement that the person have a high school diploma or GED.
The new §344.360 states that: 1) a department or facility must require every applicant for any position to complete a TJJD form that requires the applicant to disclose and provide additional information as given in the rule text; 2) prior to making an offer to allow an applicant who disclosed additional information in order to begin employment or provide services in a position requiring certification or for which certification is optional and will be sought, the department or facility must perform certain actions as given in the rule text; 3) a request for review is required only if the department or facility wants to employ, contract with, or accept the individual as a volunteer; 4) prior to making an offer to allow an applicant who disclosed additional information to begin employment or provide services in a position not requiring certification or for which certification is optional but will not be sought, the juvenile board or designee shall review the information received and consider if the person is appropriate to work in the role; 5) a written record of the review must be maintained, including the name of the person(s) conducting the review, the date of the review, and the final decision; and 6) an applicant's failure to disclose the requested information is considered a violation of the Code of Ethics and may result in termination of employment, ineligibility for certification, or revocation of certification.
The new §344.370 states that: 1) upon receipt of the request for review, TJJD will review the submitted information, seek additional information if warranted, and determine if the person should be denied a certification; 2) TJJD shall notify the person of its decision and of the opportunity to appeal that decision to the executive director; and 3) upon receipt of an appeal, the executive director review the matter and determine if the certification should be denied.
The new §344.690 states that: 1) the given subsection applies only to a person who is a military service member, military veteran, or military spouse under certain conditions; 2) TJJD may grant credit toward required training hours based on the person's verified military service, training, or education that is directly relevant to the position for which certification is sought; 3) no credit will be given for certain topics required elsewhere in the chapter; 4) the department or facility that employs a person described earlier may submit an application to TJJD for possible credit; and 5) an individual to whom this section applies is also eligible to receive credit as otherwise provided by this chapter, as applicable.
The amendments to §344.866 add subsections for two new certification statuses: provisional and ineligible.
PUBLIC COMMENTS
TJJD received public comments from Disability Rights Texas.
Comment: The language in §344.200 and §344.360 does not clearly indicate that TJJD will conduct a criminal history background check or what type of check shall be conducted. Language should be added to mandate a national criminal history background check be conducted prior to employment.
Response: Section 344.300 directly addresses criminal history checks and was not modified as part of this rulemaking action. TJJD requires a fingerprint-based criminal history check through the Fingerprint-Based Applicant Clearinghouse of Texas (FACT), which includes national criminal history information and real-time notification of new criminal activity. TJJD believes Section 344.300 meets the intent of the comment.
Comment: Language should be added to §344.866 to clarify what provisional status means in terms of the tasks that would be prohibited or conducted with close supervision while on provisional status.
Response: This section just defines types of statuses we have, and provisional is a new status allowed by statute. TJJD promulgates standards that require training before a person can provide direct supervision as well as a time limit to complete training in order to become certified. The proposed certification status does not alter these requirements, but instead designates the time period that exists before a person completes the requirements receives certification. This allows the certification to be revoked during the new provisional status, if warranted.
SUBCHAPTER A. DEFINITIONS AND APPLICABILITY
STATUTORY AUTHORITY
The amended section is adopted under §57 of SB 1727, 88th Legislature, Regular Session, which requires TJJD to repeal any rule requiring that an individual be of good moral character to qualify for certification from TJJD.
The amended section is also adopted under the following: 1) §221.002(a)(3), Human Resources Code, which requires the Board to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel; §222.001(b-1), Human Resources Code, which requires the department by rule to establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification; §222.0521, Human Resources Code, which provides that Chapter 53, Occupations Code, applies to the issuance of a certification issued by TJJD and Chapter 53, Occupations Code, requires agencies that issue occupational licenses to make certain rules related to military service members, military veterans, and military spouses; §222.0522, Human Resources Code, which authorizes TJJD to issue a provisional certification until a person is certified under §222.001, 222.002, or 222.003 and requires TJJD to adopt rules regarding provisional certifications; and §§222.053 and 222.054, Human Resources Code, which authorize TJJD to designate as ineligible for certification persons with provisional certifications and persons terminated from employment with TJJD for certain reasons and to issue temporary ineligibility orders in accordance with a specified procedure.
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 July 2, 2024.
TRD-202402937
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
STATUTORY AUTHORITY
The amended sections are adopted under §57 of SB 1727, 88th Legislature, Regular Session, which requires TJJD to repeal any rule requiring that an individual be of good moral character to qualify for certification from TJJD.
The amended sections are also adopted under the following: 1) §221.002(a)(3), Human Resources Code, which requires the Board to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel; §222.001(b-1), Human Resources Code, which requires the department by rule to establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification; §222.0521, Human Resources Code, which provides that Chapter 53, Occupations Code, applies to the issuance of a certification issued by TJJD and Chapter 53, Occupations Code, requires agencies that issue occupational licenses to make certain rules related to military service members, military veterans, and military spouses; §222.0522, Human Resources Code, which authorizes TJJD to issue a provisional certification until a person is certified under §222.001, 222.002, or 222.003 and requires TJJD to adopt rules regarding provisional certifications; and §§222.053 and 222.054, Human Resources Code, which authorize TJJD to designate as ineligible for certification persons with provisional certifications and persons terminated from employment with TJJD for certain reasons and to issue temporary ineligibility orders in accordance with a specified procedure.
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 July 2, 2024.
TRD-202402938
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
STATUTORY AUTHORITY
The amended section is adopted under §57 of SB 1727, 88th Legislature, Regular Session, which requires TJJD to repeal any rule requiring that an individual be of good moral character to qualify for certification from TJJD.
The amended section is also adopted under the following: 1) §221.002(a)(3), Human Resources Code, which requires the Board to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel; §222.001(b-1), Human Resources Code, which requires the department by rule to establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification; §222.0521, Human Resources Code, which provides that Chapter 53, Occupations Code, applies to the issuance of a certification issued by TJJD and Chapter 53, Occupations Code, requires agencies that issue occupational licenses to make certain rules related to military service members, military veterans, and military spouses; §222.0522, Human Resources Code, which authorizes TJJD to issue a provisional certification until a person is certified under §222.001, 222.002, or 222.003 and requires TJJD to adopt rules regarding provisional certifications; and §§222.053 and 222.054, Human Resources Code, which authorize TJJD to designate as ineligible for certification persons with provisional certifications and persons terminated from employment with TJJD for certain reasons and to issue temporary ineligibility orders in accordance with a specified procedure.
§344.204.Education Requirements.
(a) Juvenile Probation Officer. To be eligible for certification as a juvenile probation officer, an individual must have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board.
(b) Juvenile Supervision Officer and Community Activities Officer.
(1) Except as provided by subsection (c) of this section, to be eligible for certification as a juvenile supervision officer or community activities officer, an individual must meet one of the following educational requirements:
(A) a diploma from a high school accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense. TJJD considers the following entities as generally recognized accrediting organizations:
(i) the Texas Education Agency or the equivalent agency in another state;
(ii) an entity approved by the Texas Private School Accreditation Commission; and
(iii) regional accreditation organizations such as:
(I) Middle States Association of Colleges and Schools;
(II) New England Association of Schools and Colleges;
(III) North Central Association of Colleges and Schools;
(IV) Northwest Accreditation Commission;
(V) Southern Association of Colleges and Schools; and
(VI) Western Association of Schools and Colleges;
(B) a high school equivalency certificate (e.g., GED) issued by the Texas Education Agency or equivalent agency in another state;
(C) a diploma or certificate of completion issued in a homeschool setting;
(D) a United States military record that indicates the education level received is equivalent to a United States high school diploma or high school equivalency certificate;
(E) a foreign high school diploma that meets the validation requirements established in §344.206 of this chapter; or
(F) unconditional acceptance into a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board.
(2) A department or facility may attempt to establish that an entity not listed in paragraph (1)(A) of this subsection is a generally recognized accrediting organization by submitting supporting documentation to the TJJD certification office. Based on the documentation, TJJD will determine whether the entity is a generally recognized accrediting organization.
(3) Notwithstanding paragraph (1)(E) of this subsection, a department or facility may submit documentation to establish that a state agency in Texas or licensing entity in Texas has accepted a foreign high school diploma as sufficient to meet an employment or licensing requirement to have a high school diploma. TJJD will determine whether the high school diploma is sufficient to meet the certification criterion related to having a high school diploma.
(c) Waiver of Education Requirement for Military.
(1) This subsection applies only to a person who is a military service member or military veteran as those terms are defined in Chapter 55, Occupations Code who does not have a high school diploma or equivalent and holds a current license issued by another jurisdiction for a position that is substantially similar and with licensing requirements that are substantially similar to TJJD's certification requirements for a juvenile supervision officer or community activities officer, as determined by TJJD.
(2) A department or facility that wishes to hire a person described by paragraph (1) of this subsection in a position requiring certification as a juvenile supervision officer or community activities officer may request a waiver of the requirement that the person have a high school diploma or GED. The request must be submitted to TJJD's certification office on a form prescribed by TJJD and must include sufficient information regarding the person's credentials and experience to allow TJJD to determine if a waiver of the education requirement should be granted. Incomplete submissions may result in a denial of the waiver.
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 July 2, 2024.
TRD-202402939
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
STATUTORY AUTHORITY
The new sections are adopted under §57 of SB 1727, 88th Legislature, Regular Session, which requires TJJD to repeal any rule requiring that an individual be of good moral character to qualify for certification from TJJD.
The new sections are also adopted under the following: 1) §221.002(a)(3), Human Resources Code, which requires the Board to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel; §222.001(b-1), Human Resources Code, which requires the department by rule to establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification; §222.0521, Human Resources Code, which provides that Chapter 53, Occupations Code, applies to the issuance of a certification issued by TJJD and Chapter 53, Occupations Code, requires agencies that issue occupational licenses to make certain rules related to military service members, military veterans, and military spouses; §222.0522, Human Resources Code, which authorizes TJJD to issue a provisional certification until a person is certified under §222.001, 222.002, or 222.003 and requires TJJD to adopt rules regarding provisional certifications; and §§222.053 and 222.054, Human Resources Code, which authorize TJJD to designate as ineligible for certification persons with provisional certifications and persons terminated from employment with TJJD for certain reasons and to issue temporary ineligibility orders in accordance with a specified procedure.
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 July 2, 2024.
TRD-202402940
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
STATUTORY AUTHORITY
The new section is adopted under §57 of SB 1727, 88th Legislature, Regular Session, which requires TJJD to repeal any rule requiring that an individual be of good moral character to qualify for certification from TJJD.
The new section is also adopted under the following: 1) §221.002(a)(3), Human Resources Code, which requires the Board to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel; §222.001(b-1), Human Resources Code, which requires the department by rule to establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification; §222.0521, Human Resources Code, which provides that Chapter 53, Occupations Code, applies to the issuance of a certification issued by TJJD and Chapter 53, Occupations Code, requires agencies that issue occupational licenses to make certain rules related to military service members, military veterans, and military spouses; §222.0522, Human Resources Code, which authorizes TJJD to issue a provisional certification until a person is certified under §222.001, 222.002, or 222.003 and requires TJJD to adopt rules regarding provisional certifications; and §§222.053 and 222.054, Human Resources Code, which authorize TJJD to designate as ineligible for certification persons with provisional certifications and persons terminated from employment with TJJD for certain reasons and to issue temporary ineligibility orders in accordance with a specified procedure.
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 July 2, 2024.
TRD-202402941
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
STATUTORY AUTHORITY
The amended section is adopted under §57 of SB 1727, 88th Legislature, Regular Session, which requires TJJD to repeal any rule requiring that an individual be of good moral character to qualify for certification from TJJD.
The amended section is also adopted under the following: 1) §221.002(a)(3), Human Resources Code, which requires the Board to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel; §222.001(b-1), Human Resources Code, which requires the department by rule to establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification; §222.0521, Human Resources Code, which provides that Chapter 53, Occupations Code, applies to the issuance of a certification issued by TJJD and Chapter 53, Occupations Code, requires agencies that issue occupational licenses to make certain rules related to military service members, military veterans, and military spouses; §222.0522, Human Resources Code, which authorizes TJJD to issue a provisional certification until a person is certified under §222.001, 222.002, or 222.003 and requires TJJD to adopt rules regarding provisional certifications; and §§222.053 and 222.054, Human Resources Code, which authorize TJJD to designate as ineligible for certification persons with provisional certifications and persons terminated from employment with TJJD for certain reasons and to issue temporary ineligibility orders in accordance with a specified procedure.
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 July 2, 2024.
TRD-202402942
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
The Texas Juvenile Justice Department (TJJD) adopts the repeal of 37 TAC §344.210 (concerning work experience) and §344.220 (concerning exemptions from required work experience or graduate study) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1424). The rules will not be republished.
SUMMARY OF CHANGES
Sections 344.210 and 344.220 are repealed as corresponding changes to the removal of the requirement that a person have one year of specific full-time work experience or one year of graduate study in order to be certified as a juvenile probation officer.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The repeals are adopted under §57 of SB 1727, 88th Legislature, Regular Session, which requires TJJD to repeal any rule requiring that an individual be of good moral character to qualify for certification from TJJD.
The repeals are also adopted under the following: 1) §221.002(a)(3), Human Resources Code, which requires the Board to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel; §222.001(b-1), Human Resources Code, which requires the department by rule to establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification; §222.0521, Human Resources Code, which provides that Chapter 53, Occupations Code, applies to the issuance of a certification issued by TJJD and Chapter 53, Occupations Code, requires agencies that issue occupational licenses to make certain rules related to military service members, military veterans, and military spouses; §222.0522, Human Resources Code, which authorizes TJJD to issue a provisional certification until a person is certified under §222.001, 222.002, or 222.003 and requires TJJD to adopt rules regarding provisional certifications; and §§222.053 and 222.054, Human Resources Code, which authorize TJJD to designate as ineligible for certification persons with provisional certifications and persons terminated from employment with TJJD for certain reasons and to issue temporary ineligibility orders in accordance with a specified procedure;
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 July 2, 2024.
TRD-202402936
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §§349.600, 349.650, and 349.700, concerning advisory council on juvenile services and data, without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1425). The new rules will not be republished.
SUMMARY OF CHANGES
The new §349.600 includes a list of the overarching subjects on which the Advisory Council on Juvenile Services is meant to advise the Texas Juvenile Justice Board and explains that the goal of the advisory council is to provide actionable, direct, and inclusive feedback from the local perspective to TJJD and its Board.
The new §349.600 also includes a description of the composition of the advisory council, the length of terms, and training received; a description of how vacancies that occur during a member's term are filled; an explanation of what constitutes a quorum; information pertaining to ex officio members; an explanation that the appearance of conflicts of interest should be avoided; a description of updates the advisory council's presiding officer provides to the Board; and an explanation of the statutes the advisory council is and is not subject to.
The new §349.650 explains that it is a ground for removal from the advisory council if a member is absent from more than half of the regularly scheduled meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the council.
The new §349.700 explains that, for planning and research purposes, all juvenile probation departments participating in the state's regionalization plan are authorized to access data that any participating departments have submitted through the case management system.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
SUBCHAPTER F. ADVISORY COUNCIL ON JUVENILE SERVICES
STATUTORY AUTHORITY
Sections 349.600 and 349.650 are adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The new sections are also adopted under §203.0081, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires the Board to adopt general rules on the Advisory Council's purpose and procedures, updates the Advisory Council's membership to include the Department of Family and Protective Services, and requires the Advisory Council to make recommendations on sharing information with other child-serving agencies.
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 July 2, 2024.
TRD-202402932
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
STATUTORY AUTHORITY
Section 349.700 is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The new section is also adopted under §203.017, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires TJJD to create a regionalization plan.
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 July 2, 2024.
TRD-202402933
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
SUBCHAPTER E. FACILITIES
The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §351.49 (concerning retrofitted adult facilities) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1427). The new rule will not be republished.
SUMMARY OF CHANGES
The new §351.49 explains that, before a short-term detention facility accepts residents, the juvenile board in the county where the facility is located must ensure the facility has been approved by TJJD. It also explains that TJJD will not approve a facility that was constructed or previously used for the confinement of adult offenders unless TJJD determines the facility has been appropriately retrofitted to comply with certain standards.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The new section is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The new section is also adopted under §203.018, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which allows probation departments and TJJD to use facilities previously constructed or used for adult offenders, if TJJD determines the facility is appropriately retrofitted to meet youth-specific standards
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 July 2, 2024.
TRD-202402934
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
SUBCHAPTER B. APPLICABILITY AND GENERAL PROVISIONS
The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §355.206 (concerning certification and registration of facility) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1428). The amended rule will not be republished.
SUMMARY OF CHANGES
The amendments to §355.206 add that a juvenile board may use or contract with a non-secure correctional facility that was constructed or previously used for confinement of adult offenders if the juvenile board can document and TJJD can verify that the facility is appropriately retrofitted to adhere to applicable standards.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The amended section is adopted under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The amended section is also adopted under §203.018, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which allows probation departments and TJJD to use facilities previously constructed or used for adult offenders, if TJJD determines the facility is appropriately retrofitted to meet youth-specific standards.
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 July 2, 2024.
TRD-202402935
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: September 1, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278