TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 385. AGENCY MANAGEMENT AND OPERATIONS

The Texas Juvenile Justice Department (TJJD) adopts amendments to the following rules in Chapter 385, Subchapters B and C, with changes to the proposed text as published in the June 17, 2016, issue of the Texas Register (41 TexReg 4390): §385.8153 (Research Projects), §385.9967 (Court-Ordered Child Support), and §385.9993 (Canteen Operations).

Changes to the proposed text of §§385.8153, 385.9967, and 385.9993 consist of minor grammatical corrections.

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the sections will be the availability of rules that have been updated to conform to current laws and regulations and to more accurately reflect TJJD's current organizational structure and practices.

SUMMARY OF CHANGES

In addition to the minor changes described earlier in this notice, the amended §385.8153: 1) adds several items to the list of items that must be included with each research proposal submitted by non-TJJD researchers; 2) clarifies the meaning of "negative personal results," which is a term used when describing a prohibited type of research; 3) clarifies that a copy of the final report must be submitted to TJJD prior to releasing the report, except as approved by the executive director; 4) adds a new section that describes TJJD's process for approving research projects; 5) adds a provision allowing the TJJD board to delegate to the executive director or designee authority to approve research projects; 6) adds provisions that explain TJJD's responsibility to monitor research projects, evaluate the results, and recommend any appropriate changes; and 7) adds a section that addresses approval of pilot programs.

In addition to the minor changes described earlier in this notice, the amended §385.9967: 1) clarifies that TJJD may (rather than must) notify the committing court when a court-ordered child support payment is past due; 2) removes the deadline for TJJD to make a decision to refer a delinquent account to the Child Support Division of the Attorney General's Office; 3) clarifies that when TJJD receives child support for a Title IV-E certified youth, TJJD reduces the amount of its claim for reimbursement by the amount of child support received for that youth; 4) removes the requirement for TJJD to inquire into the Attorney General's system to determine if child support payments are related to an open Title IV-E case and to subsequently forward any child support received to the Attorney General's Office or Department of Family and Protective Services; and 5) removes the requirement for TJJD to notify the Attorney General's Office of certain information when a youth is certified as Title IV-E eligible.

In addition to the minor changes described earlier in this notice, the amended §385.9993: 1) removes the requirement that the Health and Human Services Commission be given the first opportunity to operate a canteen in TJJD residential facilities; 2) adds an option to enter a canteen-services contract with an entity other than the local Community Resource Council; and 3) expands the scope of the rule to apply to any vending operation accessible to youth (rather than for the benefit of youth) and removes the exemption for vending machines.

Additionally, the amendment to §385.9993 moves several provisions out of TJJD's internal procedures and into the text of the rule, including: 1) requirements to use the Canteen Revolving Fund for any expenditures or revenues associated with operating a canteen; 2) notice that TJJD is not responsible for collecting or depositing sales taxes for canteens operated by contractors; and 3) a provision allowing TJJD employees to assist a contractor in providing canteen services only when doing so does not interfere with employees' regular job duties or the safety of youth and staff.

SUMMARY OF PUBLIC COMMENTS

TJJD did not receive any public comments on the proposed rulemaking actions.

RULE REVIEW

In the Proposed Rules section of the June 17, 2016, issue of the Texas Register (41 TexReg 4390), TJJD published a notice of intent to review §§385.8153, 385.9967, and 385.9993 as required by Texas Government Code §2001.039. TJJD did not receive any public comments regarding the rule review.

TJJD has determined that the reasons for adopting the rules continue to exist. Accordingly, these rules are readopted with amendments as described in this notice.

SUBCHAPTER B. INTERACTION WITH THE PUBLIC

37 TAC §385.8153

STATUTORY AUTHORITY

Section 385.8153 is adopted under Texas Human Resources Code §242.003, which authorizes TJJD to adopt rules appropriate to the proper accomplishment of its functions and to adopt rules for governing TJJD schools, facilities, and programs.

§385.8153.Research Projects.

(a) Purpose. This rule addresses:

(1) research related to juvenile delinquency;

(2) the assurance of confidentiality by establishing procedures that comply with state and federal guidelines and laws and accepted professional and scientific ethics; and

(3) the ability of the Texas Juvenile Justice Department (TJJD) to provide sufficient technical assistance for research projects.

(b) General Provisions.

(1) TJJD encourages research beneficial to TJJD or the juvenile justice system.

(2) TJJD uses research results to aid decision making regarding agency operations and youth treatment programs.

(3) TJJD collaborates with other agencies whenever possible and shares research information as appropriate and as allowed by law.

(4) Any patentable product, process, or idea that might result from a research project funded by TJJD is the property of TJJD.

(c) Youth Participation. Participation by TJJD youth as research subjects is restricted as follows:

(1) TJJD youth may not be used in experimental projects involving medical, pharmaceutical, or cosmetic research.

(2) TJJD youth may participate in nonmedical, nonpharmaceutical, or noncosmetic research on a voluntary, noncoercive basis.

(3) TJJD youth who choose to participate in research projects are not:

(A) denied basic services available to other youth; or

(B) permitted to participate in research activities that are likely to accrue negative personal results (e.g., negative impact to treatment progress, causing emotional distress or physical harm, etc.).

(d) Researchers. TJJD staff, university faculty or students, or contracted firms or individuals may conduct research if they:

(1) show that the proposed project will provide benefits to TJJD or the juvenile justice profession;

(2) ensure confidentiality of TJJD youth;

(3) do not place an undue burden on TJJD staff, youth, or agency resources;

(4) agree to comply with other agency rules; and

(5) are approved under subsection (h) of this section.

(e) Oversight of Research Projects. The TJJD Research Department is responsible for ensuring research projects are proposed, reviewed, approved, and conducted in accordance with TJJD requirements.

(f) Research Proposals. Project directors other than those employed by the TJJD Research Department must submit a research proposal to the Research Department, not to exceed five pages, excluding attachments. The proposal must include the following information unless otherwise approved by the director of research:

(1) project title;

(2) names and qualifications of all project researchers;

(3) purpose (e.g., thesis, professional paper, dissertation);

(4) executive summary;

(5) research questions and research design;

(6) research methodology, including statistical methods/models if applicable;

(7) comprehensive list of data elements/fields requested and how these relate to the research questions;

(8) statement of why juvenile justice data are needed;

(9) statement of how research will benefit TJJD or the juvenile justice system;

(10) amount of TJJD staff time needed to complete the research project, provide technical assistance, or compile data;

(11) number of research subjects and time required by each study subject, if applicable;

(12) time frame of research;

(13) Institutional Review Board (IRB) approval;

(14) copy of study instruments, surveys, etc.;

(15) copy of consent forms;

(16) completed Research and Analytical Testing System (RATS) questionnaire;

(17) provisions for confidentiality of research subjects;

(18) research supervisor, if any (e.g., chairperson of thesis committee);

(19) amount and source of funding, if any; and

(20) any other information requested by the director of research.

(g) Research Agreement. TJJD and the researcher(s) must enter into a research agreement prior to the commencement of an outside research project. The agreement must contain the following:

(1) a copy of the approved research proposal;

(2) an agreement to maintain the confidentiality of TJJD youth;

(3) a clause providing that any patentable product, process, or idea that results from the performance of the research agreement and for which TJJD has expended appropriated funds becomes the property of TJJD; and

(4) an agreement to furnish TJJD with a copy of the final report prior to its release except as approved by the executive director.

(h) Approval of Proposals.

(1) TJJD approves up to eight research proposals each fiscal year. Additional proposals may be approved only if the director of research determines the additional project(s) would require minimal or no TJJD staff time.

(2) The TJJD research review committee reviews all research proposals. The committee includes representation from the TJJD Research Department, the affected program and operational areas, management, and other administrators.

(3) Proposals are reviewed four times per fiscal year as determined by the director of research. Formal notice of the research review committee's decision is provided to the researcher upon completion of the review process.

(4) Proposals involving on-site research are circulated to affected field administrators for their review, comment, and indication of level of support.

(5) Proposals requiring participation of TJJD youth are presented to the appropriate program directors, senior director(s), and other executive management as appropriate prior to a final decision by the research review committee.

(6) Approved non-TJJD-staff proposals involving research projects using TJJD youth as participants in the study, with the exception of surveys, are presented to the TJJD Board for approval. The TJJD Board may delegate to the executive director or designee authority to approve research projects.

(i) Monitoring Projects. The TJJD Research Department staff monitors projects and proposes adjustments when necessary.

(j) Research Results. The Research Department:

(1) reviews research results and evaluates the conclusions;

(2) distributes the final research report to appropriate staff and to other interested parties; and

(3) recommends to the appropriate program directors, senior director(s), and other executive management as appropriate any changes in programs or operations that the research results indicate.

(k) Demonstration Programs.

(1) Demonstration (pilot) programs may be implemented as a result of research conducted by TJJD or by an outside researcher.

(2) The executive director or designee must approve all demonstration programs prior to implementation.

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 November 30, 2016.

TRD-201606098

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: 01/01/2017

Proposal publication date: 06/17/2016

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


SUBCHAPTER C. MISCELLANEOUS

37 TAC §385.9967, §385.9993

STATUTORY AUTHORITY

Sections 385.9967 and 385.9993 are adopted under Texas Human Resources Code §242.003, which authorizes TJJD to adopt rules appropriate to the proper accomplishment of its functions and to adopt rules for governing TJJD schools, facilities, and programs.

§385.9967.Court-Ordered Child Support.

(a) This rule establishes a system for the Texas Juvenile Justice Department (TJJD) to comply with §54.06 of the Texas Family Code.

(b) As part of TJJD's intake process, intake staff members review commitment documentation for language ordering child support payments. When this documentation exists, intake staff members ensure an entry is made to the Correctional Care System detailing the payment amount and terms of rendition.

(c) The Finance Department maintains documentation of court-ordered child support payments and associated correspondence.

(d) The Finance Department notifies the youth's parents, or other persons responsible, by letter of the address to which court-ordered child support payments are to be sent and that they must:

(1) begin payments;

(2) render missed payments; and

(3) end payments when the youth is discharged or paroled to home.

(e) TJJD may notify the committing court when any court-ordered child support payment is past due.

(f) TJJD may refer a delinquent account to the Child Support Division of the Office of the Attorney General as determined by agreement between TJJD and the Office of the Attorney General.

(g) If TJJD receives court-ordered child support for a Title IV-E certified youth, TJJD will reduce its Title IV-E claim for reimbursement for that youth's cost of care by the amount of child support received.

§385.9993.Canteen Operations.

(a) Purpose. This rule provides for the operation of canteens in Texas Juvenile Justice Department (TJJD) residential facilities or contracting for such operations.

(b) Definition. Canteen--any vending operations accessible to youth.

(c) General Provisions.

(1) Residential facilities may operate canteens on ampus.

(2) Should the residential facility choose not to operate its own canteen, the facility may contract with its Community Resource Council (council) or another entity to provide canteen services.

(d) TJJD-Operated Canteens.

(1) If the residential facility operates its own canteen, merchandise purchases for resale, salaries, and other expenses are paid from appropriated funds (i.e., the Canteen Revolving Fund). The canteen budget must be included in the facility operating budget and approved by the TJJD Board.

(2) Revenues from canteen operations are deposited into the Canteen Revolving Fund. Profits after canteen expenses and sales taxes are deposited into the Student Benefit Fund in accordance with §385.9971 of this title. The sales taxes are deposited into the State Treasury.

(3) TJJD maintains general procedures that address basic internal controls for merchandise inventory handling and cash handling.

(e) Rules for Contracting for Canteen Services.

(1) TJJD may contract with a local council or another entity for canteen services. A written contract is required and is to include the specific service to be provided and the consideration to be paid, if applicable, in accordance with §385.1101 of this title.

(2) If TJJD agrees to make any expenditures related to the operation of the canteen, such payments will be made from the Canteen Revolving Fund. Any proceeds paid to TJJD for the canteen operation are deposited into the Canteen Revolving Fund.

(3) The contracted entity is responsible for collection and deposit of all sales taxes to the State Treasury.

(4) TJJD employees may assist in the provision of canteen services while on duty only when doing so does not interfere with regular job duties or the safety and security of TJJD youth and staff.

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 November 30, 2016.

TRD-201606099

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: January 1, 2017

Proposal publication date: June 17, 2016

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