Proposed Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

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) proposes to amend 37 TAC §341.204, concerning residential placement.

SUMMARY OF CHANGES

The amendments to §341.204 will include adding 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 will also include adding 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 noting that a given subsection does not apply to facilities registered with TJJD.

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the amended sections are in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be to bring the agency in compliance with statutory changes by ensuring that any facility previously used for the confinement of adult offenders will be appropriately retrofitted to comply with all relevant standards before contracting with a county to house juveniles.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the section as proposed. No private real property rights are affected by adoption of this section.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the proposed section is in effect, the section will have the following impacts.

(1) The proposed section does not create or eliminate a government program.

(2) The proposed section does not require the creation or elimination of employee positions at TJJD.

(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed section does not impact fees paid to TJJD.

(5) The proposed section does not create a new regulation.

(6) The proposed section does not expand, limit, or repeal an existing regulation.

(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed section will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

Comments on the proposal may be submitted within 30 days after publication of this notice to Josh Bauermeister, Policy Writer, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.

STATUTORY AUTHORITY

The amended section is proposed 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 proposed 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.

No other statute, code, or article is affected by this proposal.

§341.204.Residential Placement.

(a) Duty to Certify Juvenile Justice Facilities. The juvenile board serving the county where a juvenile justice facility is located must certify and register the facility as required by Texas Family Code §§51.12, 51.125, and 51.126, as applicable.

(b) Prohibition on Placing Juveniles in Non-licensed Facilities. The juvenile board must ensure that juveniles under its jurisdiction are placed only in:

(1) juvenile justice facilities that are certified by a juvenile board in Texas; or

(2) public or private residential facilities or programs licensed by a state governmental entity or exempted from licensure by state law.

(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 TJJD standards related to facilities. TJJD will maintain a list of pre-approved facilities.

(2) 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.

(3) This subsection does not apply to facilities registered with TJJD.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400791

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 343. SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES

SUBCHAPTER B. PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS

37 TAC §343.206

The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC §343.206, concerning certification and registration of facility.

SUMMARY OF CHANGES

The amendments to §343.206 will include adding 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.

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the amended section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be to bring the agency in compliance with statutory changes by ensuring that any facility previously used for the confinement of adult offenders will be appropriately retrofitted before being registered with the agency, and providing greater flexibility while housing a juvenile who is awaiting transport to a TJJD facility.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the proposed section is in effect, the section will have the following impacts.

(1) The proposed section does not create or eliminate a government program.

(2) The proposed section does not require the creation or elimination of employee positions at TJJD.

(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed section does not impact fees paid to TJJD.

(5) The proposed section does not create a new regulation.

(6) The proposed section does not expand, limit, or repeal an existing regulation.

(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed section will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

STATUTORY AUTHORITY

No other statute, code, or article is affected by this proposal.

§343.206.Certification and Registration of Facility.

(a) Before the facility admits residents, the juvenile board in the county where the facility is located, shall ensure:

(1) the facility is certified in compliance with §51.12 or §51.125 of the Texas Family Code;

(2) the number of pre-adjudication and post-adjudication beds is designated in the facility certification;

(3) the facility is registered with TJJD in compliance with §51.12 or §51.125 of the Texas Family Code; and

(4) the current facility certification and TJJD's facility registration are posted within a public area of the facility.

(b) 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 TJJD standards related to facilities.

(c) 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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400792

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING

The Texas Juvenile Justice Department (TJJD) proposes to amend 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 §344.204 (concerning education requirements).

TJJD also proposes 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).

In addition, TJJD proposes to amend 37 TAC §344.866 (concerning certification status).

SUMMARY OF CHANGES

The amendments to §344.110 will include adding 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 will include deleting the phrases 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 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 will include deleting the phrase possess the work experience or graduate study required elsewhere in this chapter from the general requirements for facility administrators.

The amendments to §344.204 will include: 1) clarifying 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) adding 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) adding 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 will include 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 will include 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 will include 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 will include adding subsections for two new certification statuses: provisional and ineligible.

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new and amended sections are in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the sections.

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the new and amended sections are in effect, the public benefit anticipated as a result of administering the sections will be to bring the agency in compliance with statutory changes by ensuring qualification and experience requirements for certain county employees are revised and ensuring there is appropriate accessibility to the profession of juvenile justice for while preserving youth safety and public safety.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new and amended sections as proposed. No private real property rights are affected by adoption of these sections.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the new sections are in effect, the sections will have the following impacts.

(1) The proposed sections do not create or eliminate a government program.

(2) The proposed sections do not require the creation or elimination of employee positions at TJJD.

(3) The proposed sections do not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed sections do not impact fees paid to TJJD.

(5) The proposed sections do not create a new regulation.

(6) The proposed sections do not expand, limit, or repeal an existing regulation.

(7) The proposed sections do not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed sections will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

37 TAC §344.110

STATUTORY AUTHORITY

The amended section is proposed 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 proposed 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.

No other statute, code, or article is affected by this proposal.

§344.110.Interpretation and Applicability.

(a) Conflicting Standards. If a general provision contained in this chapter conflicts with a specific provision contained in another chapter promulgated by TJJD, the specific language controls.

(b) Use of the Words "Including" and "Includes." When used in this chapter, the words "including" and "includes" are to be understood as introducing a non-exhaustive list unless the context clearly indicates otherwise.

(1) This chapter applies to all juvenile justice programs and facilities in this state unless expressly stated otherwise.

(2) All provisions of this chapter apply regardless of the date an individual is hired or begins service provision unless expressly stated otherwise.

(3) All employment and education requirements in this chapter must have been completed prior to the date an individual begins employment in the position to which the requirements apply.

(d) Waiver or Variance. The requirements in this chapter are not subject to a waiver or variance except as provided in this chapter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400797

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER B. QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT

37 TAC §§344.200, 344.202, 344.204

STATUTORY AUTHORITY

The amended sections are proposed 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 proposed 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.

No other statute, code, or article is affected by this proposal.

§344.200.General Qualifications for Positions Requiring Certification.

(a) Juvenile Probation Officer. To be eligible for certification as a juvenile probation officer, supervisor of a juvenile probation officer, or chief administrative officer, an individualmust:

(1) be at least 21 years of age;

~~[(2) be of good moral character;]~~

(2) [~~(3)~~] have no disqualifying criminal history as described in this chapter;

(3) [~~(4)~~] have no criminal history as described in §344.410(a) of this chapter unless TJJD has reviewed it and determined the person is not ineligible for certification due to the criminal history;

(4) [~~(5)~~] have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board;

~~[(6) possess the work experience required in §344.210 of this chapter or graduate study required in §344.204 of this chapter;]~~

(5) [~~(7)~~] never have had any type of certification revoked by TJJD;

(6) [~~(8)~~] complete the training required by this chapter; and

(7) [~~(9)~~] pass the certification exam as required by §344.700 of this chapter.

(b) Juvenile Supervision Officer. To be eligible for certification as a juvenile supervision officer, an individual must:

(1) be at least 21 years of age;

~~[(2) be of good moral character;]~~

(2) [~~(3)~~] have no disqualifying criminal history as described in this chapter;

(4) [~~(5)~~] have acquired a high school diploma or its equivalent as specified in §344.204 of this chapter;

(5) [~~(6)~~] never have had any type of certification revoked by TJJD;

(6) [~~(7)~~] complete the training required by this chapter; and

(7) [~~(8)~~] pass the certification exam as required by §344.700 of this chapter.

(c) Community Activities Officer. To be eligible for certification as a community activities officer, an individual must:

(1) be at least 21 years of age;

~~[(2) be of good moral character;]~~

(2) [~~(3)~~] have no disqualifying criminal history as described in this chapter;

(4) [~~(5)~~] have acquired a high school diploma or its equivalent as specified in §344.204 of this chapter;

(5) [~~(6)~~] never have had any type of certification revoked by TJJD; and

(6) [~~(7)~~] complete the training required by this chapter.

§344.202.General Qualifications for Facility Administrators.

To serve as a facility administrator, an individual must:

(1) obtain and maintain an active certification as a juvenile supervision officer in accordance with requirements of this chapter; and

(2) have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board.[~~; and~~]

~~[(3) possess the work experience required in §344.210 of this title or graduate study required in §344.204(a) of this title.]~~

§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.

~~[(1) To be eligible for certification as a juvenile probation officer, an individual must meet the following educational requirements:]~~

~~[(A) have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board; and]~~

~~[(B) have either:]~~

[(i) one year of graduate study at a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by TJJD; or]

~~[(ii) qualifying work experience as specified in §344.210 of this title.]~~

~~[(2) For purposes of this section, one year of graduate study means successful completion of at least 18 post-graduate credit hours.]~~

(b) Juvenile Supervision Officer and Community Activities Officer.

(1) Except as provided by subsection (c) of this section, to [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;

(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 [~~title~~]; 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.

(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 proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400798

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER C. CRIMINAL HISTORY AND BACKGROUND CHECKS

37 TAC §344.360, §344.370

STATUTORY AUTHORITY

The new sections are proposed 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 proposed 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.

No other statute, code, or article is affected by this proposal.

§344.360.Disclosure and Review of Applicant's Prior History.

(a) The department or facility must require every applicant for any position, including employee, contractor, or volunteer, to complete a form promulgated by TJJD that requires the applicant to disclose and provide additional information, if applicable, regarding whether the applicant ever:

(1) worked, contracted with, volunteered with, or had an occupational license with a child-serving entity or entity that serves other vulnerable populations, such as elderly persons, persons with disabilities, persons in mental health facilities, or persons who were incarcerated;

(2) had their employment, contract, or volunteer status suspended or terminated or occupational license revoked or suspended;

(3) had a finding of abuse, neglect, or exploitation made against them; or

(4) had their name placed on a "do not hire" or similar registry with an entity that provides services to or regulation of services for children or vulnerable populations.

(b) Prior to making an offer to allow an applicant who disclosed information covered by subsection (a)(2), (3), or (4) of this section 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:

(1) obtain additional information from all entities identified by the disclosures;

(2) submit to TJJD's certification office a request for review as provided in §344.370 of this chapter; and

(3) receive confirmation from TJJD that the applicant is not prohibited from obtaining a certification.

(c) The request for review described in subsection (b) of this section is required only if the department or facility wants to employ, contract with, or accept the individual as a volunteer.

(d) Prior to making an offer to allow an applicant who disclosed information covered by subsection (a)(2), (3), or (4) of this section 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. If the juvenile board makes a designation under this provision, it must be in writing.

(e) A written record of the review conducted in subsection (d) of this section must be maintained, including the name of the person(s) conducting the review, the date of the review, and the final decision.

(f) 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.

§344.370.Review by TJJD Regarding Eligibility for Certification.

(a) Upon receipt of the request for review described in §344.360 of this chapter, TJJD will review the submitted information, seek additional information if warranted, and determine if the person should be denied a certification.

(b) TJJD shall notify the person of its decision and of the opportunity to appeal that decision to the executive director. The notification shall be in writing. The person shall have 10 calendar days to appeal the decision. The appeal must be in writing and timely received. TJJD may grant an extension at its discretion.

(c) Upon receipt of an appeal, the executive director review the matter and determine if the certification should be denied. The executive director's response shall be in writing. The executive director's decision is final and not subject to appeal.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400799

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER E. TRAINING AND CONTINUING EDUCATION

37 TAC §344.690

STATUTORY AUTHORITY

No other statute, code, or article is affected by this proposal.

§344.690.Credit for Training Hours for Military Service Members, Spouses, and Veterans.

(a) This section applies only to a person who is a military service member, military veteran, or military spouse as those terms are defined in Chapter 55, Occupations Code, and who:

(1) holds a current license issued by another jurisdiction 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; or

(2) held a certification from TJJD as a juvenile supervision officer or community activities officer that was active within the five years preceding the person's most recent employment in a position requiring or otherwise eligible for certification.

(b) As provided by this section, TJJD may grant credit toward the training hours required in §344.600 to persons described by subsection (a) of this section. Any credit granted will be based on the person's verified military service, training, or education that is directly relevant to the position for which certification is sought.

(d) The department or facility that employs a person described by subsection (a) of this section may submit an application to TJJD for possible credit. TJJD will consider the person's experience and training to determine if credit should be granted and, if so, how much.

(e) An individual to whom this section applies is also eligible to receive credit as otherwise provided by this chapter, as applicable.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400800

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER G. CERTIFICATION

37 TAC §344.866

STATUTORY AUTHORITY

No other statute, code, or article is affected by this proposal.

§344.866.Certification Status.

(a) Active. A status that indicates a certified officer meets the current requirements of certification as set forth in this chapter and is eligible to perform the duties of a juvenile probation officer, juvenile supervision officer, and/or community activities officer, as applicable.

(b) Inactive. A status that indicates an officer's certification has not expired but the officer is ineligible to perform the duties of a certified officer because:

(1) the officer is no longer employed in a position that either requires or is eligible for the certification held;

(2) the officer has been convicted of a disqualifying criminal offense; or

(3) the officer's application for certification or renewal of certification is determined by TJJD to contain deliberately false or misleading information.

(c) Expired. A status that indicates an application to renew or reactivate a certification has not been submitted before the end of the grace period or any applicable extension.

(d) Suspended. A status that indicates an officer's certification is actively suspended and the officer is no longer eligible for employment in a position requiring certification. If the officer's certification is suspended for failure to pay child support under Section 232.003, Texas Family Code, the suspension remains in effect until TJJD receives an order staying or vacating the suspension.

(e) Revoked. A status that indicates an officer's certification has been permanently revoked by TJJD and that the officer is no longer eligible for employment or certification as a juvenile probation officer, juvenile supervision officer, or community activities officer. An individual who has had his/her certification revoked is not eligible for any future certification.

(f) Voluntarily Relinquished. A status that indicates an officer has voluntarily relinquished his/her certification as provided in §344.884 of this chapter [~~title~~].

(g) Provisional. A status that indicates an individual has been hired into a position requiring certification but has not yet been certified.

(h) Ineligible.

(1) A status that indicates an individual who was never certified is ineligible for certification as a result of conduct that occurred:

(A) while the person had a provisional certification;

(B) while the person was employed by or under contract with the Texas Juvenile Justice Department; or

(2) Prior to being designated as ineligible for certification, the person will be offered the same due process as a person for whom revocation or active or probated suspension of certification is sought.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400801

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER B. QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT

37 TAC §344.210, §344.220

The Texas Juvenile Justice Department (TJJD) proposes to repeal 37 TAC §344.210 (concerning work experience) and §344.220 (concerning exemptions from required work experience or graduate study).

SUMMARY OF CHANGES

Section 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.

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the repeals are in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the repeals.

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the repeals are in effect, the public benefit anticipated as a result of administering the repeals will be to bring the agency in compliance with statutory changes by ensuring qualification and experience requirements for certain county employees are revised and ensuring there is appropriate accessibility to the profession of juvenile justice for while preserving youth safety and public safety.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. No private real property rights are affected by adoption of these repeals.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the repeals are in effect, the repeals will have the following impacts.

(1) The proposed repeals do not create or eliminate a government program.

(2) The proposed repeals do not require the creation or elimination of employee positions at TJJD.

(3) The proposed repeals do not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed repeals do not impact fees paid to TJJD.

(5) The proposed repeals do not create a new regulation.

(6) The proposed repeals do not expand, limit, or repeal an existing regulation.

(7) The proposed repeals do not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed repeals will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

STATUTORY AUTHORITY

The repeals are proposed 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 proposed 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;

No other statute, code, or article is affected by this proposal.

§344.210.Work Experience.

§344.220.Exemptions from Required Work Experience or Graduate Study.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400802

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 349. GENERAL ADMINISTRATIVE STANDARDS

The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §§349.600, 349.650, and 349.700, concerning advisory council on juvenile services and data.

SUMMARY OF CHANGES

The new §349.600 will include a list of the overarching subjects on which the Advisory Council on Juvenile Services is meant to advise the Texas Juvenile Justice Board and will explain 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 will also include 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 will explain 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 will explain 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.

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new sections are in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the sections.

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of administering the sections will be to bring TJJD in compliance with statutory changes by ensuring there are agency standards regarding the composition and activities of the Advisory Council on Juvenile Services.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new sections as proposed. No private real property rights are affected by adoption of these sections.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the new sections are in effect, the sections will have the following impacts.

(1) The proposed sections do not create or eliminate a government program.

(2) The proposed sections do not require the creation or elimination of employee positions at TJJD.

(3) The proposed sections do not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed sections do not impact fees paid to TJJD.

(5) The proposed sections do not create a new regulation.

(6) The proposed sections do not expand, limit, or repeal an existing regulation.

(7) The proposed sections do not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed sections will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

SUBCHAPTER F. ADVISORY COUNCIL ON JUVENILE SERVICES

37 TAC §349.600, §349.650

STATUTORY AUTHORITY

Section 349.600 and §349.650 are proposed 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 proposed 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.

No other statute, code, or article is affected by this proposal.

§349.600.Purpose.

(a) The purpose of the Advisory Council on Juvenile Services is to advise the Texas Juvenile Justice Board and Texas Juvenile Justice Department on:

(1) the needs and problems of juvenile boards and juvenile probation departments;

(2) long-range strategic planning;

(3) reviews and proposed revisions to standards affecting juvenile probation programs, services, and facilities;

(4) the potential cost impact on juvenile probation departments of new standards proposed by the Texas Juvenile Justice Board;

(5) recommendations to improve information sharing between agencies that serve children, including agencies serving children involved in both the juvenile justice and child welfare systems; and

(6) any other matter at the request of the Texas Juvenile Justice Board.

(b) The goal of the advisory council is to provide actionable, direct, and inclusive feedback from the local perspective to the Texas Juvenile Justice Board and Texas Juvenile Justice Department so the unified juvenile justice system can collectively develop and improve the state's comprehensive continuum of care for youth; prioritize evidence-based rehabilitative services; and ensure safety for youth, staff, and the public.

(c) The advisory council is composed of 15 members, as specified in Chapter 203, Human Resources Code. Members, excluding ex officio members, serve staggered two-year terms. Texas Juvenile Justice Board-appointed members shall receive training on the advisory council's purpose, role, and procedures within 30 days of their appointment.

(d) If a vacancy occurs on the council during a member's term, the Texas Juvenile Justice Board must appoint a replacement who meets the qualifications of the vacant position to serve for the remainder of the term.

(e) A majority of advisory council members, excluding ex officio members as defined in Chapter 203, Human Resources Code, constitutes a quorum. A quorum must be present to vote on action items that will be submitted to the Texas Juvenile Justice Board for consideration.

(f) Ex officio members have the same rights and privileges as other members, including the right to vote. These members are not counted when determining the number of members who represent a quorum or in determining whether a quorum is present.

(g) An advisory council member shall avoid the appearance of a conflict of interest by not voting or participating in a decision by the council that solely benefits, solely penalizes, or otherwise solely impacts the county or juvenile probation department over which the member has authority.

(h) The advisory council's presiding officer or designee shall periodically update the board on the council's activities, progress on board directives, and issues impacting juvenile probation programs, services, and facilities.

(i) The advisory council is subject to Chapter 552, Government Code, as the act applies to bodies that are solely advisory in nature.

(j) The advisory council is not subject to Chapter 2110, Government Code. The department shall evaluate the continuing need for and recommendations to improve the council during the rule review process established under Chapter 2001, Government Code.

§349.650.Removal of Members.

It is a ground for removal from the 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 agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400793

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER G. DATA

37 TAC §349.700

STATUTORY AUTHORITY

Section 349.700 is proposed 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 proposed under §203.017, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires TJJD to create a regionalization plan.

No other statute, code, or article is affected by this proposal.

§349.700.Access to Data Collected.

For planning and research purposes, all juvenile probation departments participating in the implementation of the state’s regionalization plan developed under Chapter 203, Human Resources Code, are authorized to access data that any participating departments have submitted through the juvenile case management system.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400794

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 351. STANDARDS FOR SHORT-TERM DETENTION FACILITIES

SUBCHAPTER D. RESTRAINTS

37 TAC §351.49

The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §351.49, concerning retrofitted adult facilities.

SUMMARY OF CHANGES

The new §351.49 will explain 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 will also explain 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.

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of administering the section will be to bring the agency in compliance with statutory changes by ensuring the juvenile boards verify a short-term detention facility has been approved by TJJD before the facility accepts residents and that such facilities are appropriately retrofitted to comply with certain standards for being approved.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new section as proposed. No private real property rights are affected by adoption of this section.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.

(1) The proposed section does not create or eliminate a government program.

(2) The proposed section does not require the creation or elimination of employee positions at TJJD.

(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed section does not impact fees paid to TJJD.

(5) The proposed section does not create a new regulation.

(6) The proposed section does not expand, limit, or repeal an existing regulation.

(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed section will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

STATUTORY AUTHORITY

The new section is proposed 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 proposed §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

No other statute, code, or article is affected by this proposal.

§351.49.Retrofitted Adult Facilities.

(a) 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.

(b) 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 TJJD standards related to facilities.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400795

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 355. NON-SECURE CORRECTIONAL FACILITIES

SUBCHAPTER B. APPLICABILITY AND GENERAL PROVISIONS

37 TAC §355.206

The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC §355.206, concerning certification and registration of facility.

SUMMARY OF CHANGES

The amendments to §355.206 will include adding 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.

FISCAL NOTE

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be to bring the agency in compliance with statutory changes by ensuring a non-secure correctional facility that was constructed or previously used for confinement of adult offenders is appropriately retrofitted to comply with certain standards before being used or contracted with to house juveniles.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the proposed section is in effect, the section will have the following impacts.

(1) The proposed section does not create or eliminate a government program.

(2) The proposed section does not require the creation or elimination of employee positions at TJJD.

(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed section does not impact fees paid to TJJD.

(5) The proposed section does not create a new regulation.

(6) The proposed section does not expand, limit, or repeal an existing regulation.

(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed section will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

STATUTORY AUTHORITY

No other statute, code, or article is affected by this proposal.

§355.206.Certification and Registration of Facility.

(a) Non-Secure Correctional Facilities. Before the facility admits residents, the juvenile board in the county or district where a non-secure correctional facility is located shall ensure:

(1) the facility is certified in compliance with §51.126 of the Texas Family Code;

(2) the number of beds is designated in the facility certification;

(3) the facility is registered with TJJD in compliance with §51.126 of the Texas Family Code; and

(4) the current facility certification and TJJD's facility registration are posted within a public area of the facility.

(b) Retrofitted Adult Facilities. 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 rules (i.e., standards) in Chapters 344, 345, 355, and 358 of this title.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400796

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §380.8597 (concerning certain actions by the executive director) and §380.9147 (concerning youth career and technical education advisory committee).

SUMMARY OF CHANGES

The new §380.8597 will establish that TJJD tracks the frequency with which the executive director takes certain actions and reports the resulting data to the TJJD Board and the Sunset Advisory Committee; include a list of actions and explain that TJJD must track the frequency the executive director takes those actions; and explain that TJJD must compile frequency data and provide that date to the Board and the Sunset Advisory Committee.

The new §380.9147 will establish the Youth Career and Technical Education Advisory Committee, which assists TJJD with overseeing and coordinating vocational training for youth in state custody; describe the duties and goals of the committee; describe the composition of the committee's membership and the appointment of the presiding officer; and include the following: information pertaining to ex officio committee members, an explanation of what constitutes a quorum, term lengths of committee members, an explanation of how to fill vacancies on the committee, 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 information about other statutory requirements.

FISCAL NOTE

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of administering the sections will be to bring the agency in compliance with statutory changes by ensuring certain actions of the executive director are reported by the agency and creating a Youth Career and Technical Education Advisory Committee.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new sections as proposed. No private real property rights are affected by adoption of these sections.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the new sections are in effect, the sections will have the following impacts.

(1) The proposed sections do not create or eliminate a government program.

(2) The proposed sections do not require the creation or elimination of employee positions at TJJD.

(3) The proposed sections do not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed sections do not impact fees paid to TJJD.

(5) The proposed sections do not create a new regulation.

(6) The proposed sections do not expand, limit, or repeal an existing regulation.

(7) The proposed sections do not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed sections will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

SUBCHAPTER A. ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE

DIVISION 7. CERTAIN ACTIONS BY EXECUTIVE DIRECTOR

37 TAC §380.8597

STATUTORY AUTHORITY

Section 380.8597 is proposed 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 proposed under §203.002, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires TJJD to track the frequency with which the executive director takes certain actions and to report the resulting data to the Board and the Sunset Advisory Commission.

No other statute, code, or article is affected by this proposal.

§380.8597.Certain Actions by the Executive Director.

(a) Purpose. This rule establishes that the Texas Juvenile Justice Department (TJJD) tracks the frequency with which the executive director takes certain actions and reports the resulting data to the TJJD Governing Board and the Sunset Advisory Committee.

(b) General Provisions.

(1) The department shall track the frequency with which the executive director takes the following actions:

(A) selecting youth for a conditional placement;

(B) selecting youth for a home placement;

(C) waiving the requirement for a youth with a determinate sentence to spend the youth's entire minimum period of confinement in a high-restriction facility;

(D) waiving the requirement for a youth to be on intensive supervision when initially released on parole; and

(E) authorizing the early discharge of a youth on parole.

(2) The department shall compile frequency data outlined in paragraph (b)(1) on a quarterly basis. The department shall provide the frequency data from the previous quarter to the TJJD Governing Board and Sunset Advisory Commission at the beginning of each quarter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400803

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER C. PROGRAM SERVICES

DIVISION 2. EDUCATION PROGRAMS

37 TAC §380.9147

STATUTORY AUTHORITY

Section 380.9147 is proposed 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 proposed under §203.0083, Human Resources Code (as enacted by SB 1727, 88th Legislature, Regular Session), which requires the Board to create a youth career and technical education advisory committee and to adopt rules on the committee's purpose, goals, and membership.

No other statute, code, or article is affected by this proposal.

§380.9147.Youth Career and Technical Education Advisory Committee.

(a) Purpose. This rule establishes the Youth Career and Technical Education Advisory Committee, which assists the Texas Juvenile Justice Department (TJJD) with overseeing and coordinating vocational training for youth in state custody, including training provided by community colleges and other local entities.

(b) General Provisions.

(1) Committee duties include, but are not limited to:

(A) assessing the vocational training needs of youth committed to state custody;

(B) identifying barriers to the success of vocational training programs for youth committed to state custody;

(C) engaging in long-range strategic planning to assist TJJD in establishing goals and actionable plans for expanding the use of vocational training for youth committed to state custody, including opportunities to successfully transition youth from programming in secure facilities to training and employment in the community; and

(D) any other matter at the request of the board.

(2) The goal of the committee is to help TJJD improve its procedures for and outcomes of vocational training to increase youths' success as they reenter Texas communities.

(3) The committee is composed of 11 members appointed by the TJJD's governing board, including:

(A) one representative from the Texas Education Agency;

(B) one representative from the Texas Workforce Commission or a local workforce development board who has experience with programs for youth or young adults;

(D) one representative from the Texas Department of Family and Protective Services;

(E) two county juvenile probation chiefs;

(F) one certified educator;

(G) two members with professional experience in an occupation relevant to TJJD's vocational training programs, such as agriculture, construction, technology, manufacturing, and business;

(H) one representative from a post-secondary education entity who has experience in the administrative, training, or coordination functions of a career and technical education program; and

(I) one representative from an advocacy group with a primary function to improve education outcomes, safety, or well-being of youth.

(4) The board must appoint a presiding officer for the advisory committee.

(5) Committee members appointed under (c)(1)-(4) serve as ex officio members. Ex officio members have the same rights and privileges as other members, including the right to vote. These members are not counted when determining the number of members who represent a quorum or in determining whether a quorum is present.

(6) A majority of committee members, excluding ex officio members, constitutes a quorum. A quorum must be present to vote on action items that will be submitted to the board for consideration.

(7) Committee members, excluding ex officio members, serve staggered two-year terms with the terms of half of the members expiring on February 1 of each year. Members may serve multiple terms.

(8) If a vacancy occurs on the committee during a committee member's term, the presiding officer of the board, with the board's approval, must appoint a replacement who meets the qualifications of the vacant position to serve for the remainder of the term.

(9) A committee member shall avoid the appearance of a conflict of interest by not voting or participating in a decision by the committee that solely benefits, solely penalizes, or otherwise solely impacts the county or juvenile probation department over which the member has authority or the employer for whom the member works.

(10) The committee's presiding officer or designee shall periodically update the board on the committee's activities, progress on board directives, and issues impacting vocational training for youth committed to state custody.

(11) The committee is subject to Chapter 552, Government Code, as the act applies to bodies that are solely advisory in nature.

(12) In accordance with Chapter 2110, Government Code, the committee is abolished on the fourth anniversary of the date of its creation unless the board amends rules to provide for a different abolishment date.

(13) TJJD shall evaluate the continuing need for and recommendations to improve the committee during the rule review process established under Chapter 2001, Government Code.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400804

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC §380.8767, concerning crisis stabilization unit, and §380.9571, concerning procedure for mental-health-status review hearing.

SUMMARY OF CHANGES

The amendments to §380.8767 will include clarifying that a mental-health-status review hearing must be held for each youth within 72 hours (rather than 96 hours) after the youth's arrival at the stabilization unit.

The amendments to §380.9571 will include clarifying that: 1) a mental-health-status review hearing must be held for each youth within 72 hours (rather than 96 hours) after the youth's arrival at the stabilization unit; and 2) if the hearing manager determines an unavoidable absence would prevent a key witness or party from attending the hearing, the hearing may be rescheduled to the earliest possible time but not later than 72 hours (rather than 96 hours) from the original scheduled hearing.

FISCAL NOTE

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the amended sections are in effect, the public benefit anticipated as a result of administering the sections will be timely implementation with recommendations from the agency's Internal Auditor by aligning agency rule to current practice.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the amended sections as proposed. No private real property rights are affected by adoption of these sections.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the amended sections are in effect, the sections will have the following impacts.

(1) The proposed sections do not create or eliminate a government program.

(2) The proposed sections do not require the creation or elimination of employee positions at TJJD.

(3) The proposed sections do not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed sections do not impact fees paid to TJJD.

(5) The proposed sections do not create a new regulation.

(6) The proposed sections do not expand, limit, or repeal an existing regulation.

(7) The proposed sections do not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed sections will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

SUBCHAPTER B. TREATMENT

DIVISION 2. PROGRAMMING FOR YOUTH WITH SPECIALIZED TREATMENT NEEDS

37 TAC §380.8767

STATUTORY AUTHORITY

The amended section is proposed 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.

No other statute, code, or article is affected by this proposal.

§380.8767.Crisis Stabilization Unit.

(a) Purpose. The purpose of this rule is to establish criteria and a process for admitting youth who are experiencing a psychiatric crisis into a crisis stabilization unit (CSU) operated by the Texas Juvenile Justice Department (TJJD).

(b) Definitions.

(1) Designated Mental Health Professional--has the meaning assigned by §380.9187 of this chapter [~~title~~].

(2) Psychiatric Provider--has the meaning assigned by §380.9187 of this chapter [~~title~~].

(1) For due process procedures for mental health status reviews, see §380.9571 of this chapter [~~title~~].

(2) For emergency mental health placements, see §380.8771 of this chapter [~~title~~].

(d) Admissions.

(1) Admission Criteria. A youth may be admitted to a CSU only when the following criteria are met:

(A) the youth demonstrates serious dysfunction in behavior, judgment, thinking, or mood; and

(B) the dysfunction is the result of a current neurological deficit, emotional disturbance, and/or psychiatric disorder (e.g., psychosis, major affective disorder, organic disorder, or anxiety disorder) and the dysfunction is not the result of a primary conduct disorder or antisocial personality disorder; and

(i) presents a risk of serious harm to self or others; or

(ii) if not treated, will continue to suffer severe and abnormal mental, emotional, or physical distress and will continue to experience deterioration in the youth's [~~his/her~~] ability to function independently, as evidenced by the youth's inability to attend to basic needs, such as food, health, personal hygiene, or safety; and

(D) a CSU is the least restrictive intervention that is appropriate and available to safely and effectively meet the treatment needs and to control the dysfunctional behavior.

(2) Referral Documents. The referral must include a current psychiatric evaluation from a psychiatric provider and a psychological evaluation approved by the designated mental health professional, unless the referral is due to an emergency mental health placement under §380.8771 of this chapter [~~title~~].

(3) 72-Hour [~~96-Hour~~] Admission Review Process. A mental-health-status [~~mental health status~~] review hearing must be held for each youth within 72 [96] hours after arrival at the unit. If the 72-hour [~~96-hour~~] period ends on a Saturday, Sunday, or official holiday, the hearing must be held on the next workday. The hearing is held to determine whether criteria for unit admission have been met.

(A) If the youth does not meet criteria for admission, the youth [~~he/she~~] is not retained in the CSU. Youth who are not admitted are returned to the referring program/location.

(B) If the youth meets criteria for admission, the youth [~~he/she~~] is retained and treated in the CSU.

(C) If the youth's treatment needs and appropriateness for admission cannot be determined during the hearing, the youth may be temporarily admitted to the CSU for diagnostic and assessment purposes for up to 45 days from the date of arrival.

(i) A youth may be temporarily admitted for diagnostic and assessment purposes only if the hearing manager determines:

(I) the youth exhibits evidence of psychiatric dysfunction;

(II) the youth has recently engaged in behavior that presents a danger to self or others or has demonstrated a chronic failure to progress in the youth's [~~his/her~~] prior programming;

(III) the youth is in need of comprehensive psychiatric and psychological evaluation in a specialized setting; and

(IV) the CSU is the least restrictive setting in which to effectively accomplish this evaluation.

(ii) Before the end of the 45-day diagnostic and assessment period, the CSU staff must:

(I) hold a mental-health-status [~~mental health status~~] review hearing to seek admission to CSU; or

(II) transfer the youth out of CSU if a hearing is not held or if the youth is not admitted to CSU.

(e) Program Requirements.

(1) The program focus is on stabilization of the psychiatric dysfunction.

(2) Services are provided in a self-contained unit.

(3) An individualized treatment program, including treatment goals and objectives, is developed for and with each youth.

(4) The treatment team reviews the youth's progress weekly.

(5) The youth must be transferred out of the CSU within 90 days after the admission hearing unless an extension is granted.

(f) Extensions.

(1) Extension Criteria. An extension may be granted beyond 90 days only if:

(A) the youth continues to meet admission criteria and the youth's treatment plan has been implemented appropriately; or

(B) the youth has symptoms of mental illness and continued treatment in the CSU is deemed to be in the youth's best interest.

(2) Due Process Requirements for Extensions.

(A) The due process required to determine whether extension criteria have been met is a mental-health-status [~~mental health status~~] review hearing. A youth on parole status, as defined in §380.9550 of this chapter [~~title~~], will remain on parole status.

(B) If an extension is recommended, the mental-health-status [~~mental health status~~] review hearing must be held:

(i) approximately 75 days but no later than 90 days after the last mental-health-status [~~mental health status~~] review hearing; or

(ii) within two workdays after the youth returns to the unit if the youth's [~~he/she~~] is in a state hospital at the time the hearing is required.

(3) Release and Transition Options.

(A) The extension of time to treat the psychiatric dysfunction must be terminated when placement in a CSU is no longer needed for the primary purpose of treatment of the dysfunction, as determined by a majority vote of the youth's treatment team.

(B) Following termination of the extension, future placement decisions, including the youth's return to [~~his/her~~] home parole placement, are made in accordance with other applicable policies and procedures.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400808

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER E. BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE

DIVISION 2. DUE PROCESS HEARINGS

37 TAC §380.9571

STATUTORY AUTHORITY

No other statute, code, or article is affected by this proposal.

§380.9571.Procedure for Mental-Health-Status Review Hearing.

(a) Purpose. This rule establishes the due process required to admit a youth into a Texas Juvenile Justice Department (TJJD) stabilization unit or to extend a youth's stay in a stabilization unit to provide treatment for a psychiatric disorder.

(b) Applicability.

(1) For criteria for admission to a TJJD stabilization unit, see §380.8767 of this title.

(2) A mental-health-status review hearing is a Level II due process hearing with several procedural exceptions, as noted in this rule. See §380.9555 of this title for Level II hearing procedures.

(1) Decision Makers.

(A) The facility administrator of the TJJD stabilization unit at which placement is sought appoints a mental health professional, as defined in §380.9187 of this title, to conduct the review hearing and serve as the hearing manager.

(B) The hearing manager must not have direct or primary responsibility in the youth's current treatment or diagnosis.

(C) The hearing manager has the same authority and responsibility as that assigned to a hearing manager in §380.9555 of this title.

(D) The hearing manager must be trained to conduct the review hearing.

(2) Single-Function Hearing. The single function of a mental-health-status review hearing is to consider the facts presented relative to the criteria for admission or extension established in §380.8767 of this title.

(3) Location. All mental-health-status review hearings must be conducted at a TJJD stabilization unit and are the responsibility of staff at that facility.

(4) Advocate. The youth's advocate is appointed by the facility administrator or designee and must be a mental health professional or a case manager assigned to the stabilization unit.

(5) Timing of Hearing. A mental-health-status review hearing must be held for each youth within 72 [96] hours after the youth's arrival at the stabilization unit. If the 72-hour [~~96-hour~~] period ends on a Saturday, Sunday, or official holiday, the hearing must be held on the next regular work day. If the hearing manager determines an unavoidable absence would prevent a key witness or party from attending the hearing, the hearing may be rescheduled to the earliest possible time but not later than 72 [96] hours from the original scheduled hearing.

(6) Teleconference. The hearing may not be conducted by teleconference. However, testimony may be accepted via telephone if the hearing manager determines in-person testimony is impractical or unfeasible. If testimony is accepted via telephone, all persons required to be present at the hearing must be able to simultaneously hear the testimony.

(7) Exclusion from the Hearing. To protect the confidential nature of the hearing, persons other than the youth, the youth's advocate, the staff representative, and the youth's parent(s) may be excluded from the hearing room at the discretion of the hearing manager. However, any person except the youth's advocate or staff representative may be excluded from the hearing room if his/her presence causes undue disruption or delay of the hearing or when matters being discussed are of a very sensitive nature. The reason(s) for the exclusions must be stated on the record.

(8) Decision.

(A) Following the presentation of evidence, the hearing manager must announce his/her decision regarding whether criteria for admission or extension have been established.

(B) A hearing manager's decision to admit or extend a youth in the stabilization unit must be supported by expert testimony of a psychiatrist that the youth meets the requisite criteria. The testimony should be given in person when feasible.

(C) The youth must be informed of his/her right to appeal the decision to the executive director in accordance with §380.9353 of this title. The hearing manager's decision will be implemented even if an appeal has been filed and a response is pending.

(9) Hearing Report.

(A) A report that includes the hearing manager's findings and the basis for them must be completed within seven work days after the date of the hearing.

(B) The facility administrator or designee must review the report to ensure accurate and consistent application of this rule. The person who conducted the hearing may not be the person who conducts this review. If necessary, the facility administrator or designee may return the report to the hearing manager for clarification or to reopen the hearing for the purpose of obtaining further information.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400809

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

SUBCHAPTER E. BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE

DIVISION 1. BEHAVIOR MANAGEMENT

37 TAC §§380.9503, 380.9504, 380.9510

The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC §§380.9503, 380.9504, and 380.9510, concerning behavior management.

SUMMARY OF CHANGES

The amendments to §380.9503 will include adding that a Level II hearing will be requested for any youth not on parole status who allegedly commits a first- or second-degree felony unless TJJD determines, given all circumstances, a hearing would not be appropriate. Such a decision must be documented. TJJD will review the youth for placement in the most restrictive setting appropriate, including the intervention program in Section 380.9510, if the allegation is proved.

The amendments to §380.9503 will also include: 1) adding a new rule violation entitled Failure to Comply with Electronic Monitoring Program Conditions, which applies only to youth in medium-restriction facilities and includes failing to comply with any of the specific electronic monitoring conditions listed in the rule; and 2) changing the definition of the rule violation entitled Participating in a Major Disruption of Facility Operations to no longer require that a youth must participate with two or more persons.

The amendments to §380.9504 will include adding that a parole revocation hearing will be requested for any youth who allegedly commits a first- or second-degree felony while on parole, although it may not be held if a deferral is requested by local prosecutors or TJJD determines that, given all circumstances, a hearing would not be appropriate. Also added that TJJD shall review the youth for placement in the most restrictive setting appropriate if the youth's parole is revoked.

The amendments to §380.9504 will also include adding the following to the list of parole rule violations: 1) Failure to Comply with Electronic Monitoring Program Conditions, which includes failing to comply with any of the specific conditions listed in the rule; and 2) Participating in a Major Disruption of Facility Operations, which is conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs (only for youth on parole status in medium-restriction facilities).

The amendments to §380.9510 will include: 1) adding first- or second-degree felony to the list of violations that require a youth in a high-restriction facility to be reviewed for possible placement in the intervention program; and 2) adding that youth whose parole has been revoked and youth who are transferred from a medium-restriction facility to a high-restriction facility may be reviewed for placement in the intervention program. This review is mandatory if the return to a high-restriction facility is due to a first- or second-degree felony.

The amendments to §380.9510 will also include several changes relating to the primary level of the intervention program: 1) adding that youth in this level of the program move around campus for non-program-related activities in a manner generally comparable to the general campus population; 2) removing a provision stating that youth in this level of the program continue to sleep at their assigned dorm but engage in other activities at the site of the program; and 3) removing a reference that states which staff divisions are involved in reviewing youth for possible placement in this level of the intervention program.

FISCAL NOTE

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be to more effectively administer TJJD's electronic monitoring program, to clarify certain rule violations, and to bring the agency in compliance with statutory changes by ensuring youth who engage in certain conduct while in the agency's custody are reviewed for the most appropriate setting for the child based on rehabilitative needs while preserving due process rights.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the proposed sections are in effect, the sections will have the following impacts.

(1) The proposed sections do not create or eliminate a government program.

(2) The proposed sections do not require the creation or elimination of employee positions at TJJD.

(3) The proposed sections do not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed sections do not impact fees paid to TJJD.

(5) The proposed sections do not create a new regulation.

(6) The proposed sections do not expand, limit, or repeal an existing regulation.

(7) The proposed sections do not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed sections will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

STATUTORY AUTHORITY

The amended sections are proposed 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 sections are also proposed under §243.001, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires the board to adopt rules establishing procedures to determine the appropriate placement for youth pending prosecution for an alleged first- or second-degree felony committed while in TJJD custody.

No other statute, code, or article is affected by this proposal.

§380.9503.Rules and Consequences for Residential Facilities.

(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct for residential facilities. Violations of the rules may result in disciplinary consequences that are proportional to the severity and extent of the violation. Appropriate due process, including a consideration of extenuating circumstances, shall be followed before imposing consequences.

(b) Applicability. This rule applies to youth assigned to residential facilities operated by the Texas Juvenile Justice Department (TJJD).

(c) Definitions. The following terms, as used in this rule, have the following meanings unless the context clearly indicates otherwise.

(1) Attempt to Commit--a youth, with specific intent to commit a rule violation, engages in conduct that amounts to more than mere planning that tends but fails to effect the commission of the intended rule violation.

(2) Bodily Injury--physical pain, illness, or impairment of physical condition. Fleeting pain or minor discomfort does not constitute bodily injury.

(3) Direct Someone to Commit--occurs when:

(A) a youth communicates with another youth;

(B) the communication is intended to cause the other youth to commit a rule violation; and

(4) Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.

(d) General Provisions.

(1) Formal incident reports are completed for alleged rule violations as required by internal operational procedures.

(2) A formal incident report is not proof that a youth committed an alleged rule violation. Only rule violations that are proven through a Level I or Level II due process hearing in accordance with §380.9551 or §380.9555 of this chapter [~~title~~ ], respectively, are considered proven and are considered a part of a youth's disciplinary record. A formal incident report is not appealable or grievable; only disciplinary consequences may be appealed or grieved, as provided below.

(3) When a youth is found to be in possession of prohibited money as defined in this rule, a Level II hearing is required to seize the money. Seized money shall be placed in the student benefit fund in accordance with §380.9555 of this chapter [~~title~~].

(4) This paragraph applies only to youth not on parole status who are alleged to have engaged in conduct classified as a first- or second-degree felony while in a residential facility operated by or under contract with TJJD. A Level II hearing shall be requested on these youth unless it is determined that, given all circumstances, a Level II hearing is not appropriate. Such decision shall be documented. If a requested Level II hearing is held and the allegation is proved, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by §380.9510 of this chapter.

(e) Disciplinary Consequences.

(1) Disciplinary consequences shall be established in writing in TJJD's procedural manuals. Appropriate disciplinary consequences may be imposed only if the consequences are established in writing in TJJD's procedural manuals prior to the occurrence of the conduct for which the consequence is issued.

(2) Disciplinary consequences may include, but are not limited to, the following:

(A) suspension of privileges;

(B) restriction from planned activities;

(D) disciplinary transfer to a high-restriction facility (available only for youth on institutional status in a medium-restriction facility).

(3) The following are prohibited as disciplinary consequences:

(A) corporal or unusual punishment;

(B) subjecting a youth to humiliation, harassment, or physical or mental abuse;

(D) subjecting a youth to property damage or disease;

(E) punitive interference with the daily functions of living, such as eating or sleeping;

(F) purposeless or degrading work, including group exercise as a consequence;

(G) placement in the intervention program under §380.9510 of this chapter [~~title~~];

(H) disciplinary isolation; and

(I) extending a youth's stay in a TJJD facility.

(4) A Level II hearing is required before imposing a disciplinary consequence that materially alters a youth's living conditions, including disciplinary transfer from a medium-restriction facility to a high-restriction facility. TJJD's procedural manuals will specify which disciplinary consequences require a Level II hearing. Disciplinary consequences requiring a Level II hearing are considered major consequences.

(5) If a Level II hearing is not required, the following must occur before imposing disciplinary consequences for a youth in a high-restriction facility:

(A) a written description of the incident must be prepared;

(B) staff must tell the youth which rule violation the youth allegedly committed and describe the information staff has that establishes the youth committed it;

(D) the youth must be given the opportunity to address the allegation, including providing any extenuating circumstances and information on the appropriateness of the intended consequence(s).

(6) If a Level II hearing is not required, a Level III hearing must occur before imposing disciplinary consequences for a youth in a medium-restriction facility, in accordance with §380.9557 of this chapter [~~title~~].

(f) Review and Appeal of Consequences.

(1) All disciplinary consequences shall be reviewed for policy compliance by the facility administrator or designee within three calendar days after issuance. The reviewing staff shall not be the staff who issued the discipline.

(2) The reviewing staff may remove or reduce any disciplinary consequence determined to be excessive or not validly related to the nature or seriousness of the conduct.

(3) Youth may appeal disciplinary consequences issued through a Level II hearing by filing an appeal in accordance with §380.9555 of this chapter [~~title~~].

(4) Youth in medium-restriction facilities may appeal disciplinary consequences issued through a Level III hearing by filing an appeal in accordance with §380.9557 of this chapter [~~title~~].

(5) Youth in high-restriction facilities may grieve disciplinary consequences issued without a Level II hearing by filing a grievance in accordance with §380.9331 of this chapter [~~title~~].

(g) Major Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:

(1) Assault of Another Youth (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to another youth but the conduct does not result in bodily injury.

(2) Assault of Staff (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to a staff member, contract employee, or volunteer with the intent to cause injury but the conduct does not result in bodily injury.

(3) Assault Causing Bodily Injury to Another Youth--intentionally, knowingly, or recklessly engaging in conduct that causes another youth to suffer bodily injury.

(4) Assault Causing Bodily Injury to Staff--intentionally, knowingly, or recklessly engaging in conduct that causes a staff member, contract employee, or volunteer to suffer bodily injury.

(5) Attempted Escape--committing an act with specific intent to escape that amounts to more than mere planning that tends but fails to effect an escape.

(6) Chunking Bodily Fluids--causing a person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, and/or feces of another with the intent to harass, alarm, or annoy another person.

(7) Distribution of Prohibited Substances--distributing or selling any prohibited substances or items.

(8) Escape--leaving a high-restriction residential placement without permission or failing to return from an authorized leave.

(9) Extortion or Blackmail--demanding or receiving favors, money, actions, or anything of value from another in return for protection against others, to avoid bodily harm, or in exchange for not reporting a violation.

(10) Failure to Comply with Electronic Monitoring Program Conditions (for Youth in Medium-Restriction Residential Placement)--failing to comply with one of the following conditions required by the youth's electronic monitoring program conditions:

(A) remain at the address listed at all designated times;

(B) follow curfew restriction as stated in the youth's conditions of placement or conditions of parole;

(C) remain at the approved placement for the first 10 days while on electronic monitoring, going only to school, approved activities, religious functions, and medical/psychological appointments and then return to the approved placement, in accordance with the schedule identified in the conditions of placement or conditions of parole;

(D) wear the electronic monitoring device 24 hours a day;

(E) allow a TJJD staff member to enter the youth's residence to install, maintain, and inspect the device if required;

(F) notify the electronic monitoring officer as soon as possible within 24 hours if the youth experiences any problems with the electronic monitoring system; and

(G) charge the device daily for a minimum of one hour continuously in the morning and one hour continuously in the evening.

(11) [~~(10)~~] Fighting Not Resulting in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that does not result in bodily injury.

(12) [~~(11)~~] Fighting That Results in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that results in bodily injury.

(13) [~~(12)~~] Fleeing Apprehension--running from or refusing to come to staff when called and such act results in disruption of facility operations.

(14) [~~(13)~~] Misuse of Medication--using medication provided to the youth by authorized personnel in a manner inconsistent with specific instructions for use, including removing the medication from the dispensing area.

(15) [~~(14)~~] Participating in a Major Disruption of Facility Operations--intentionally engaging [~~participating with two or more persons~~] in conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs.

(16) [~~(15)~~] Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling, or attempting to purchase ammunition.

(17) [~~(16)~~] Possession of Prohibited Items--possessing the following prohibited items:

(A) cellular telephone;

(B) matches or lighters;

(D) money in excess of the amount or in a form not permitted by facility rules (see §380.9555 of this chapter [~~title~~] for procedures concerning seizure of such money);

(E) pornography;

(F) items which have been fashioned to produce tattoos or body piercing;

(G) cleaning products when the youth is not using them for a legitimate purpose; or

(H) other items that are being used inappropriately in a way that poses a danger to persons or property or threatens facility security.

(18) [~~(17)~~] Possessing, Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or an item that has been made or adapted for use as a weapon.

(19) [~~(18)~~] Possession or Use of Prohibited Substances and Paraphernalia--possessing or using any unauthorized substance, including controlled substances or intoxicants, medications not prescribed for the youth by authorized medical or dental staff, alcohol, tobacco products, or related paraphernalia such as that used to deliver or make any prohibited substance.

(20) [~~(19)~~] Refusing a Drug Screen--refusing to take a drug screen when requested to do so by staff or tampering with or contaminating the urine sample provided for a drug screen. (Note: If the youth says he/she cannot provide a sample, the youth shall be given water to drink and two hours to provide the sample.)

(21) [~~(20)~~] Refusing a Search--refusing to submit to an authorized search of person or area.

(22) [~~(21)~~] Repeated Non-Compliance with a Written, Reasonable Request of Staff (for Youth in Medium-Restriction Residential Placement)--failing on two or more occasions to comply with a specific written, reasonable request of staff. If the request requires the youth to do something daily or weekly, the two failures to comply must be within a 30-day period. If the request requires the youth to do something monthly, the two failures to comply must be within a 60-day period.

(23) [~~(22)~~] Sexual Misconduct--intentionally or knowingly engaging in any of the following:

(A) causing contact, including penetration (however slight), between the penis and the vagina or anus; between the mouth and penis, vagina or anus; or penetration (however slight) of the anal or genital opening of another person by hand, finger, or other object;

(B) touching or fondling, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person;

(D) exposing the anus, buttocks, breasts, or genitals to another or exposing oneself knowing the act is likely to be observed by another person; or

(E) masturbating in an open and obvious way, whether or not the genitals are exposed.

(24) [~~(23)~~] Stealing--intentionally taking property with an estimated value of $100 or more from another without permission.

(25) [~~(24)~~] Tampering with Monitoring Equipment--a youth intentionally or knowingly tampers with monitoring equipment assigned to any youth.

(26) [~~(25)~~] Tampering with Safety Equipment--intentionally tampering with, damaging, or blocking any device used for safety or security of the facility. This includes, but is not limited to, any locking device or item that provides security access or clearance, any fire alarm or fire suppression system or device, video camera, radio, telephone (when the tampering prevents it from being used as necessary for safety and/or security), handcuffs, or shackles.

(27) [~~(26)~~] Tattooing/Body Piercing--engaging in tattooing or body piercing of self or others. Tattooing is defined as making a mark on the body by inserting pigment into the skin.

(28) [~~(27)~~] Threatening Another with a Weapon--intentionally and knowingly threatening another with a weapon. A weapon is something that is capable of inflicting bodily injury in the manner in which it is being used.

(29) [~~(28)~~] Unauthorized Absence--leaving a medium-restriction residential placement without permission or failing to return from an authorized leave.

(30) [~~(29)~~] Vandalism--intentionally causing $100 or more in damage to state property or personal property of another.

(31) [~~(30)~~] Violation of Any Law--violating a Texas or federal law that is not already defined as a major or minor rule violation.

(h) Minor Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:

(1) Breaching Group Confidentiality--disclosing or discussing information provided in a group session to another person not present in that group session.

(2) Disruption of Program--engaging in behavior that requires intervention to the extent that the current program of the youth and/or others is disrupted. This includes, but is not limited to:

(A) disrupting a scheduled activity;

(B) being loud or disruptive without staff permission;

(D) refusing to participate in a scheduled activity or abide by program rules.

(3) Failure to Abide by Dress Code--failing to follow the rules of dress and appearance as provided by facility rules.

(4) Failure to do Proper Housekeeping--failing to complete the daily chores of cleaning the living environment to the expected standard.

(5) Gang Activity--participating in an activity or behavior that promotes the interests of a gang or possessing or exhibiting anything related to or signifying a gang, such as, but not limited to, gang-related literature, symbols, or signs.

(6) Gambling or Possession of Gambling Paraphernalia--engaging in a bet or wager with another person or possessing paraphernalia that may be used for gambling.

(7) Horseplay--engaging in wrestling, roughhousing, or playful interaction with another person or persons that does not rise to the level of an assault. Horseplay does not result in any party getting upset or causing injury to another.

(8) Improper Use of Telephone/Mail/Computer--using the mail, a computer, or the telephone system for communication that is prohibited by facility rules, at a time prohibited by facility rules, or to inappropriately access information.

(9) Lending/Borrowing/Trading Items--lending or giving to another youth, borrowing from another youth, or trading with another youth possessions, including food items, without permission from staff.

(10) Lying/Falsifying Documentation/Cheating--lying or withholding information from staff, falsifying a document, and/or cheating on an assignment or test.

(11) Possession of an Unauthorized Item--possessing an item the youth is not authorized to have (possession of which is not a major rule violation), including items not listed on the youth's personal property inventory. This does not include personal letters or photographs.

(12) Refusal to Follow Staff Verbal Instructions--deliberately failing to comply with a specific reasonable verbal instruction made by a staff member.

(13) Stealing--intentionally taking property with an estimated value under $100 from another without permission.

(14) Threatening Others--making verbal or physical threats toward another person or persons.

(15) Unauthorized Physical Contact with Another Youth (No Injury)--intentionally making unauthorized physical contact with another youth without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, or grabbing.

(16) Unauthorized Physical Contact with Staff (No Injury)--intentionally making unauthorized physical contact with a staff member, contract employee, or volunteer without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, and grabbing.

(17) Undesignated Area--being in any area without the appropriate permission to be in that area.

(18) Vandalism--intentionally causing less than $100 in damage to state or personal property.

§380.9504.Rules and Consequences for Youth on Parole.

(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct youth are expected to follow while under parole supervision. Violations of the rules may result in disciplinary consequences, including revocation of parole, that are proportional to the severity and extent of the violation. Appropriate due process must be followed before imposing consequences.

(b) Applicability.

(1) This rule applies to youth on parole status who are assigned to a home placement.

(2) For parole revocation purposes, this rule also applies to youth on parole status who are assigned to a residential placement as a home substitute. However, this rule does not apply to the daily rules of conduct for these youth. For the daily rules of conduct, see §380.9503 of this chapter.

(1) Conditions of parole are provided to the youth before release on parole.

(2) Conditions of parole, including the rules of conduct, are reviewed with youth when they initially meet with their parole officers and at other times as necessary.

(3) Repeated violations of any rule of conduct may result in more serious disciplinary consequences.

(d) Definitions. Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.

(e) Parole Rule Violations. It is a violation to knowingly commit, attempt to commit, or aid someone else in committing any of the following:

(1) Abscond--leaving a home placement or failing to return from an authorized leave when:

(A) the youth's parole officer did not give permission; and

(B) the youth's whereabouts are unknown to the youth's parole officer.

(2) Failure to Comply with Electronic Monitoring Program Conditions--failing to comply with one of the following conditions required by the youth's electronic monitoring program conditions:

(A) remain at the address listed at all designated times;

(B) follow curfew restriction as stated in the youth's conditions of placement or conditions of parole;

(D) wear the electronic monitoring device 24 hours a day;

(E) allow a TJJD staff member to enter the youth's residence to install, maintain, and inspect the device if required;

(F) notify the electronic monitoring officer as soon as possible within 24 hours if the youth experiences any problems with the electronic monitoring system; and

(G) charge the device daily for a minimum of one hour continuously in the morning and one hour continuously in the evening.

(3) [~~(2)~~] Failure to Comply with Sex Offender Conditions of Parole--intentionally or knowingly failing to comply with one of the following conditions present in the youth's sex offender conditions of parole addendum:

(A) do not have unsupervised contact with children under the age specified by the conditions of parole;

(B) do not babysit or participate in any activity where the youth is responsible for supervising or disciplining children under the age specified by the conditions of parole; or

(4) [~~(3)~~] Failure to Report an Arrest or Citation--failing to report an arrest or receipt of a citation to the youth's parole officer within 24 hours of arrest or citation.

(5) Participating in a Major Disruption of Facility Operations--intentionally engaging in conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs. (This parole violation applies only to youth assigned to a residential placement as a substitute for home placement.)

(6) [~~(4)~~] Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling, or attempting to purchase ammunition.

(7) [~~(5)~~] Possessing, Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or an item that has been made or adapted for use as a weapon.

(8) [~~(6)~~] Refusing a Drug Screen--refusing to take a drug screen when requested to do so by staff or tampering with or contaminating the urine sample provided for a drug screen.

(9) [~~(7)~~] Repeated Non-Compliance with a Written, Reasonable Request of Staff--failing on two or more occasions to comply with a specific condition of release under supervision and/or a specific written, reasonable request of staff. If the request requires the youth to do something daily or weekly, the two failures to comply must be within a 30-day period. If the request requires the youth to do something monthly, the two failures to comply must be within a 60-day period.

(10) [~~(8)~~] Photos, Videos, or Social Media Posts with Weapon, Ammunition, or Unauthorized Substance--appearing in photos, videos, or other images, whether or not posted to social media, with any weapon, ammunition, or unauthorized substance or related paraphernalia, including any object that reasonably resembles a weapon, ammunition, or unauthorized substance or related paraphernalia. The term weapon includes, but is not limited to, guns, explosive devices, knives, blades, and clubs. The term related paraphernalia includes, but is not limited to, items used to make or deliver unauthorized substances.

(11) [~~(9)~~] Tampering with Monitoring Equipment--a youth intentionally or knowingly tampers with monitoring equipment assigned to any youth.

(12) [~~(10)~~] Unauthorized Absence--leaving a medium-restriction residential placement without permission or failing to return from an authorized leave.

(13) [~~(11)~~] Possession or Use of Unauthorized Substances--possessing, ingesting, inhaling, or otherwise consuming any unauthorized substance, including controlled substances or intoxicants, medications not prescribed for the youth by authorized medical or dental staff, alcohol or tobacco products, or related paraphernalia such as that used to deliver or make any unauthorized substance.

(14) [~~(12)~~] Violation of Any Law--violating a federal or state law or municipal ordinance.

(f) Possible Consequences.

(1) A parole rule violation may result in a Level I hearing or a Level III hearing conducted in accordance with §380.9551 or §380.9557 of this chapter, respectively.

(A) This subparagraph applies only to youth alleged to have engaged in conduct classified as a first- or second-degree felony while on parole. Except as provided by this subparagraph, a Level I hearing shall be requested on these youth. The hearing may be deferred when requested by local prosecutors, as provided in §380.9551 of this chapter. The designated staff person may determine that, given all circumstances, a Level I hearing is not appropriate. Such decision shall be documented. If a Level I hearing is held and the youth's parole is revoked, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by §380.9510 of this chapter.

(B) Parole officers are encouraged to be creative in determining a consequence appropriate to address and correct the youth's behavior. Staff should use evidence-based interventions that relate to the youth's risk, needs, and responsivity when appropriate. All assigned consequences should be related to the misconduct when possible.

(2) Consequences through a Level III hearing for a youth on parole include, but are not limited to:

(A) Verbal Reprimand--conference with a youth including a verbal reprimand that draws attention to the misbehavior and serves as a warning that continued misbehavior could result in more severe consequences.

(B) Curfew Restriction--an immediate change in existing curfew requirements outlined in the youth's conditions of parole.

(C) Community Service Hours--disciplinary assignment of a specific number of hours the youth is to perform community service in addition to the hours assigned when the youth was placed on parole. In no event may more than 20 community service hours be assigned through a Level III hearing.

(D) Increased Level of Supervision--an assigned increase in the number of primary contacts between the youth and parole officer in order to increase the youth's accountability.

(E) Electronic Tracking--assignment to a system that electronically tracks a youth's movement and location.

(F) Writing Assignment--an assignment designed for the youth to address the misbehavior and identify appropriate behavior in similar situations.

(3) Consequences through a Level I hearing for a youth on parole, including youth assigned to a residential placement as a home substitute, include:

(A) parole revocation and placement in any high- or medium-restriction program operated by or under contract with the Texas Juvenile Justice Department; and

(B) assignment of a length of stay consistent with §380.8525 of this chapter.

§380.9510.Intervention Program.

(a) Purpose. The Texas Juvenile Justice Department (TJJD) delivers interventions in a structured environment for youth who have engaged in certain serious conduct. The interventions are designed to promote violence reduction and skill building to increase safety on TJJD campuses and to help the youth regulate their behavior in order to progress in treatment. Placement in an intervention program is not considered a disciplinary consequence. This rule sets forth eligibility criteria, program requirements, and services to be provided to youth.

(b) Applicability. The program described by this rule operates only at [~~This rule applies only to~~] high-restriction facilities operated by TJJD.

(1) Admission, Review, and Dismissal (ARD) Committee--a committee that makes decisions on educational matters relating to special-education-eligible youth.

(2) Individualized Education Program (IEP)--the program of special education and related services developed by a youth's ARD committee.

(3) Isolation--the confinement of a youth in a locked room or cubicle as a tool to manage the behavior of a youth. Rules regarding isolation do not apply:

(A) when doors are routinely locked during normal sleeping hours and isolation has not otherwise been imposed; or

(B) when a youth is placed in the security program.

(4) Manifestation Determination Review--a review conducted by a youth's ARD committee when a decision has been made to change a special-education-eligible youth's school placement due to a violation of the code of conduct. The committee determines whether a youth's conduct is a manifestation of the youth's disability and whether the youth's IEP was fully implemented.

(d) Eligibility.

(1) At a minimum, a youth must be reviewed to determine appropriateness for placement at any level of the intervention program if the youth engages in one or more of the following rule violations as defined in §380.9503 of this chapter [~~title~~]:

(A) assault of youth (with or without injury);

(B) assault of staff (with or without injury);

(D) threatening another with a weapon;

(E) escape;

(F) extortion or blackmail;

(G) possession of a weapon;

(H) sexual misconduct;

(I) threatening others; [or]

(J) any first- or second-degree felony; or

(K) [~~(J)~~] any other rule violation that the executive director or designee establishes in writing as an eligible violation.

(2) A youth may be reviewed to determine appropriateness for placement at any level of the intervention program based on any other rule violation defined in §380.9503 of this chapter [ ~~title~~] or based on a pattern of rule violations that suggests the youth would benefit from the program.

(3) Notwithstanding any other provisions in this rule, a youth whose parole has been revoked may be reviewed for possible placement in the intervention program. Review for possible placement in the intervention program is mandatory for a youth whose parole was revoked for conduct classified as a first- or second-degree felony. If the youth is placed in the intervention program:

(A) the youth may be placed at any level of the program, provided there are no therapeutic contraindications to placement at that level; and

(B) the youth may be moved between levels of the program if the youth was given notice of the potential placement in the program before the Level I hearing.

(4) Notwithstanding any other provisions in this rule, a youth who has been disciplinarily transferred from a medium-restriction facility to a high-restriction facility through a Level II due process hearing may be reviewed for possible placement in the intervention program. Review for possible placement in the intervention program is mandatory for a youth who was transferred for conduct classified as a first- or second-degree felony. If the youth is placed in the intervention program:

(A) the youth may be placed at any level of the program, provided there are no therapeutic contraindications to placement at that level; and

(B) the youth may be moved between levels of the program as outlined in this rule.

(e) Program Intervention Levels.

(1) Primary. The primary level of the intervention program provides short-term intervention that cannot be provided during regular campus programming.

(A) Youth at this level of intervention in the program will move around campus for non-program-related activities in a manner generally comparable to the general campus population but are provided program-related interventions while admitted to the program [~~continue to sleep at their assigned dorm but other activities are conducted at the site of the program~~].

(B) A Level II hearing is not required for placement at this level of intervention. However, designated [~~treatment and direct-care~~] staff must review the youth for appropriateness in the intervention program, including the youth's treatment needs and the severity of the youth's behavior.

(2) Moderate. The moderate level of the intervention program provides short-term intervention in a self-contained unit with a gradual transition back to regular campus programming.

(A) Youth at this level of intervention in the program live on the unit where the program operates.

(B) Youth may be placed at this level of the intervention program only if:

(i) a Level II due process hearing has been held in accordance with §380.9555 of this chapter [~~title~~];

(ii) there is a finding of true that the youth committed a rule violation listed in subsection (d) of this section; and

(iii) the youth and the youth's advocate were given notice before the hearing that a true finding on one or more of the allegations would make the youth eligible for placement in the intervention program.

(3) Intensive. The intensive level of the intervention program provides longer-term intervention in a highly structured environment.

(A) Youth at this level of intervention in the program live on the unit where the program operates.

(B) Youth may be placed at this level of the intervention program only if:

(i) a Level II due process hearing has been held in accordance with §380.9555 of this chapter [~~title~~];

(ii) there is a finding of true that the youth committed a rule violation listed in subsection (d) of this section; and

(f) Placement in the Program.

(1) Each youth being considered for placement in the intervention program is reviewed to determine if placement is appropriate and, if so, which level of the program is appropriate.

(2) If it is determined that the youth should be placed in the intensive level of the program but space is not available, the youth may be temporarily placed in a lower level of the program until space becomes available at the intensive level or the youth otherwise successfully meets the criteria under subsection (j) of this section.

(3) TJJD procedural manuals shall establish a process that allows a youth to be moved from one level of the program to another, if appropriate. A youth may be placed in the moderate or intensive level of the program only if the youth was given notice of the potential placement before the Level II hearing. Once a youth has been removed from the intervention program, new conduct and a new Level II due process hearing, if necessary for the program level, are required to return the youth to the intervention program.

(4) TJJD procedural manuals shall establish the factors to be considered when determining if a youth should be placed in the intervention program and which level of intervention is most appropriate or when determining if a youth should be moved from one level to another. The procedural manuals shall include a requirement that, at a minimum, the following factors be considered:

(A) whether the youth poses a continuing risk to the safety of the facility;

(B) whether less restrictive methods of documented intervention have been attempted when appropriate; and

(C) whether there are any therapeutic contraindications to placing the youth in the intervention program or at a particular level in the intervention program.

(5) A youth shall not be placed at any level in the intervention program if a therapeutic contraindication to placement at that level exists.

(6) TJJD shall make reasonable efforts to provide notice to the parent/guardian that the child is being considered for placement in the intervention program or for moving to a different level of the program.

(g) Additional Considerations for Youth Receiving Special Education Services.

(1) If a youth who is receiving special education services engages in a rule violation during school-related activities and that violation is the basis for placement or potential placement in the intervention program, the requirements of the Individuals with Disabilities Education Act, including a manifestation determination review when required, must be met. TJJD's procedural manuals shall include specific instructions for compliance and shall include a routine review to ensure the requirements are met.

(2) All special education services shall be provided in accordance with ARD committee decisions. For youth who are eligible to participate in special education services, an ARD committee meeting to review the IEP is held within ten days after admission to the intervention program. Subsequent ARD committee meetings and evaluations are completed in compliance with state and federal regulations.

(h) Program Requirements.

(1) The intervention program is administered in units designated for such purpose. Each level may be administered in a different unit.

(2) A structured daily schedule is maintained and posted to provide a predictable and safe environment.

(3) On scheduled academic days, youth shall be provided with the amount of education services established by the approved master schedule for the regular school program.

(4) Youth with limited English proficiency shall be provided with appropriate adaptations to the educational program as recommended by the Language Proficiency Assessment Committee.

(5) An individual plan shall be developed or modified for each youth. The plan shall be written in a language the youth clearly understands. The plan shall address the reasons for admission to the program, including providing strategies for intervention and prevention of the admitting behavior, include a component that addresses transition to the general campus population, and provide clearly written objectives for completion of the program. The plan shall also take into consideration any recommendations by a mental health specialist to address the motivation for the behavior.

(6) TJJD procedural manuals will set out how the individual plan and youth's progress will be reviewed and evaluated. This review shall occur at least once every seven days.

(7) Youth in the moderate and intensive levels of the intervention program are provided daily contact and weekly individual sessions with the assigned case manager or other designated staff for counseling and case management services.

(8) Staff shall immediately refer a youth to a mental health professional if concerns exist as to the youth's mental health status.

(9) Youth shall be provided with at least one hour of large-muscle exercise seven days per week.

(10) Youth are allowed phone calls and visitation with approved family members and other individuals according to program visitation procedures.

(11) A youth in the moderate level of the program:

(A) earns privileges based on progress through the program;

(B) shall be gradually reintegrated into campus programming as soon as he/she demonstrates comprehension of the goals established in the individual plan; and

(C) shall receive weekly mental health status exams by mental health staff as long as the youth's movement and program activities are restricted to the program unit. If deemed necessary by mental health staff, youth shall receive psychological counseling. Psychological counseling will be at the frequency determined appropriate by the mental health professional providing the counseling.

(12) A youth in the intensive level of the program:

(A) earns privileges based on progress through the program; and

(B) shall receive weekly mental health status exams by mental health staff. If deemed necessary by mental health staff, youth receive psychological counseling. Psychological counseling will be at the frequency determined appropriate by the mental health professional providing the counseling.

(13) For youth assigned to the primary and moderate levels, staff not assigned to the intervention program shall review each youth's progress at least once every 30 days to ensure the individual plan is being implemented appropriately.

(14) For youth assigned to the intensive level, staff not assigned to the intervention program shall review each youth's progress when the youth has been at that level for 60 days and every 30 days thereafter to ensure the individual plan is being implemented appropriately.

(15) A youth may remain in the moderate level of the program for more than 90 days only if approved by the executive director or designee.

(16) A youth may remain in the intensive level of the program for more than 120 days only if approved by the executive director or designee.

(17) In all levels of the program, mechanical restraints may be used in a manner consistent with the use of such restraints as provided by §380.9723 of this chapter [~~title~~]. In the intensive level of the program only, mechanical restraints may also be used in a manner consistent with the use of such restraints in a security unit as provided by §380.9723 of this chapter [~~title~~].

(i) Room Isolation and Security Unit.

(1) Youth may be referred to the security program while assigned to the intervention program if the youth meets criteria in §380.9740 of this chapter [~~title~~]. A security unit and program may be operated at the location of each level of the intervention program.

(2) Room isolation may be used as necessary in accordance with §380.9739 of this chapter [~~title~~].

(j) Criteria for Release from the Intervention Program. A youth shall be released from the intervention program upon the earliest of the following events:

(1) a determination by the executive director or designee that the youth has:

(A) met the goals in his/her individual plan; and

(B) based on a totality of circumstances, demonstrated an ability to safely transition to campus programming; or

(2) a decision by the executive director or designee to return the youth to the youth's assigned dorm or transfer to an alternative placement based on a recommendation by a mental health professional due to the youth's mental health condition; or

(3) a decision by appropriate staff not to continue the youth in the intervention program after an administrative transfer of the youth to another high-restriction facility while assigned to the intervention program.

(k) Family Notification. The youth's parent/guardian shall be notified of the decision to place the youth in the intervention program no later than the end of the next business day following the day the decision was made. In accordance with §380.8705 of this chapter [~~title~~], the notification may occur only with the youth's consent if the youth is 18 years of age.

(l) Program Monitoring and Youth Rights.

(1) To ensure the intervention program is being implemented according to the provisions of this rule, staff from facility administration shall visit each program unit seven days per week. Staff from psychology administration shall visit each program unit weekly.

(2) Youth rights staff or a designee shall visit each program unit seven days per week to ensure that youth have access to the youth grievance system.

(3) Staff are not required to visit a program unit on days when there are no youth in that unit.

(m) Grievance Regarding Assessment of Progress. A youth in the intervention program may address disagreement with the results of an assessment of progress or may address the lack of opportunity to demonstrate completion of requirements by filing a grievance in accordance with §380.9331 of this chapter [~~title~~]. The person assigned to respond to the youth's grievance may not be a person involved in the subject of the youth's grievance.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400807

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278

CHAPTER 385. AGENCY MANAGEMENT AND OPERATIONS

SUBCHAPTER C. MISCELLANEOUS

37 TAC §385.9921

The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §385.9921 (concerning legal sufficiency review for administrative findings of abuse, neglect, or exploitation).

SUMMARY OF CHANGES

The new §385.9921 will establish that all findings in abuse, neglect, and exploitation investigations shall be reviewed for legal sufficiency before the appropriate parties are notified of the findings.

FISCAL NOTE

PUBLIC BENEFITS/COSTS

Cameron Taylor, Senior Strategic Advisor, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of administering the section will be to bring TJJD in compliance with statutory changes by ensuring certain actions of the executive director are reported by the agency and ensuring legal sufficiency reviews are required before appropriate parties are notified of abuse, neglect, and exploitation investigation findings.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new section as proposed. No private real property rights are affected by adoption of this section.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.

(1) The proposed section will not create or eliminate a government program.

(2) The proposed section will not require the creation or elimination of employee positions at TJJD.

(3) The proposed section will not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed section will not impact fees paid to TJJD.

(5) The proposed section will not create a new regulation.

(6) The proposed section will not expand, limit, or repeal an existing regulation.

(7) The proposed section will not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed section will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

STATUTORY AUTHORITY

Section 385.9921 is proposed 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.

No other statute, code, or article is affected by this proposal.

§385.9921.Legal Sufficiency Review for Administrative Findings of Abuse, Neglect, or Exploitation.

All findings in abuse, neglect, and exploitation investigations shall be reviewed for legal sufficiency before the appropriate parties are notified of the findings.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 22, 2024.

TRD-202400806

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 490-7278