PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS
SUBCHAPTER C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES
The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §341.304, Requirement to Apply for Diversion Funds, with changes to the proposed text as published in the June 21, 2024, issue of the Texas Register (49 TexReg 4577). The new rule will be republished.
SUMMARY OF CHANGES
Section 341.304 explains that, prior to a court committing a juvenile to TJJD, the chief administrative officer or designee must submit an application for diversion funds to divert a youth from commitment to TJJD. The new section also describes situations in which the requirement does not apply.
The new change to §341.304 adds an additional situation in which the requirement does not apply: when a youth has been previously committed to TJJD.
PUBLIC COMMENTS
TJJD received a public comment from El Paso County.
Comment: For a diversion application to be submitted to TJJD, a facility must have first accepted that youth for placement. When no facility is willing to accept a youth, there will be no alternative other than commitment to TJJD. This should be an exception to the requirement to submit a diversion application prior to commitment.
Response: The revision proposed in the comment was discussed at length in collaboration with county stakeholders, and TJJD believes sufficient processes can be developed to address the issue. The approval process for Regional Diversion Alternatives applications is not contained within rule, and TJJD will make changes to this non-rule process so that an approved facility is not a requirement for an application to be considered complete.
STATUTORY AUTHORITY
The new section is adopted under §223.001(d-1), Human Resources Code, which requires a juvenile probation department to apply for the placement of a child in a regional specialized program before a juvenile court commits the child to the department's custody and allows for the establishment of exceptions to this requirement.
No other statute, code, or article is affected by this adoption.
§341.304.Requirement to Apply for Diversion Funds.
(a) Prior to a court committing a juvenile to TJJD, the chief administrative officer or designee must submit an application for diversion funds to divert a juvenile from commitment to TJJD.
(b) The requirement in subsection (a) does not apply if:
(1) the youth has committed conduct that is eligible for a determinate sentence under §51.031 or §53.045, Family Code, whether or not the petition was approved by the grand jury;
(2) the youth has been previously placed and discharged within the last year from a post-adjudication secure juvenile correctional facility;
(3) the juvenile has been previously committed to TJJD;
(4) the youth is at least 17 years of age on the date of disposition or modification of disposition; or
(5) a juvenile probation department is not recommending commitment.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 12, 2024.
TRD-202404429
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: October 15, 2024
Proposal publication date: June 21, 2024
For further information, please call: (512) 490-7278