TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS

The Texas Juvenile Justice Department (TJJD) proposes to amend §341.100, concerning definitions, §341.400, concerning duties of certified juvenile probation officers, and §341.702, concerning requirements for restraints.

TJJD also proposes new §341.204, concerning residential placement, §341.402, concerning duties of certified community activities officers, and §341.403, concerning supervising and transporting juveniles.

TJJD simultaneously proposes the repeal of §341.705, concerning transport personnel.

SECTION-BY-SECTION SUMMARY

The amended §341.100 will: 1) delete the definition for Transport Personnel; 2) add a definition for Professional, and 3) include minor clarifications to the definition of Juvenile Justice Program.

The new §341.204 will establish the responsibilities of each juvenile board relating to: 1) certifying and registering juvenile justice facilities in counties served by the board; and 2) ensuring that juveniles under its jurisdiction are placed only in juvenile justice facilities that are certified by a juvenile board in Texas or public or private residential facilities or programs that are licensed by a state governmental entity or exempt from licensure by state law.

The amended §341.400 will add passing the certification exam to the list of criteria that would allow a non-certified juvenile probation officer to temporarily perform the duties of a certified officer.

The new §341.402 will create a new certification offered by TJJD. The certification is for community activities officers. Any individual who supervises or transports juveniles in a non-secure setting within a juvenile justice program will be required to obtain certification as a community activities officer, with several exceptions listed in the section.

The new §341.403 will require at least one staff member who is supervising or transporting a juvenile in a non-secure setting within a juvenile justice program to be certified in cardiopulmonary resuscitation and first aid.

The amended §341.702 will: 1) add community activities officers to the list of individuals who may be authorized to use restraints; 2) remove references to transport personnel; and 3) clarify that only staff members who are trained and currently certified in the use of the approved personal restraint technique may use it.

Section §341.705, relating to training for transport personnel, is proposed for repeal because the staff who perform transportation functions will now be covered by the new community activities officer certification and the training requirements associated with that certification.

FISCAL NOTE

Mike Meyer, Chief Financial Officer, has determined that for each year of the first five years the repeal and the amended and new sections are in effect, there will be no significant fiscal impact for state or local government as a result of enforcing or administering the sections.

PUBLIC BENEFIT/COSTS

Kristy Almager, Director of the Juvenile Justice Training Academy, has determined that for each year of the first five years the repeal and the amended and new sections are in effect, the public benefit anticipated as a result of administering the sections will be youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

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

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS AND GENERAL PROVISIONS

37 TAC §341.100

STATUTORY AUTHORITY

The amended section is proposed under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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

§341.100.Definitions.

The following words and terms have the following meanings when used in this chapter[,] unless the context clearly indicates otherwise.

(1) Alternative Referral Plan--A procedure that deviates from the requirements of Texas Family Code §53.01(d) regarding referral of cases to the prosecutor.

(2) Approved Personal Restraint Technique ("personal restraint")--A professionally trained, curriculum-based, and competency-based restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints.

(3) Approved Mechanical Restraint Devices ("mechanical restraint")--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. The only mechanical restraint devices approved for use are the following:

(A) Ankle Cuffs--Metal band designed to be fastened around the ankle to restrain free movement of the legs.

(B) Handcuffs--Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms.

(C) Plastic Cuffs--Plastic devices designed to be fastened around the wrists or legs to restrain free movement of hands, arms, or legs. Plastic cuffs must be designed specifically for use in human restraint.

(D) Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices. These devices are designed to reduce the incidence of skin, nerve, and muscle damage to the subject's extremities.

(E) Waist Belt--A cloth, leather, or metal band designed to be fastened around the waist and used to secure the arms to the sides or front of the body.

(4) Case Management System--A computer-based tracking system that provides a systematic method to track and manage juvenile offender caseloads.

(5) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department, including the juvenile probation department of a multi-county judicial district.

(6) Comprehensive Folder Edit--A report generated in the Caseworker or Juvenile Case Management System (JCMS) application that performs an extensive edit of the case file information. This report identifies incorrectly entered data and questionable data that impact the accuracy of the reports and programs.

(7) Criminogenic Needs--Issues, risk factors, characteristics, and/or problems that relate to a person's risk of reoffending.

(8) Data Coordinator--A person employed by a juvenile probation department who is designated to serve and function as the primary contact with TJJD on all matters relating to data collection and reporting.

(9) Department--A juvenile probation department.

(10) Draw--To unholster a weapon in preparation for use against a perceived threat.

(11) EDI Specifications--A document developed by TJJD outlining the data fields and file structures that each juvenile probation department is required to follow in submitting the TJJD EDI extract.

(12) Empty-Hand Defense--Defensive tactics through the use of pressure points, releases from holds, and blocking and striking techniques using natural body weapons such as an open hand, fist, forearm, knee, or leg.

(13) Field Supervision--Supervision ordered by a juvenile court in accordance with Texas Family Code §54.04(d)(1)(A) where the child is placed on probation in the child's home or in the custody of a relative or another fit person.

(14) Formal Referral--An event that occurs only when all three of the following conditions exist:

(A) a juvenile has allegedly committed delinquent conduct, conduct indicating a need for supervision, or a violation of probation;

(B) the juvenile probation department has jurisdiction and venue; and

(C) the office or official designated by the juvenile board has:

(i) made face-to-face contact with the juvenile and the alleged offense has been presented as the reason for this contact; or

(ii) given written or verbal authorization to detain the juvenile.

(15) Initial Disposition--The disposition of probation issued by a juvenile court after a child is:

(A) formally referred to a juvenile probation department for the first time; or

(B) formally referred to a juvenile probation department after any and all previous periods of supervision by the department have ended.

(16) Inter-County Transfer--As described in Texas Family Code §51.072, a transfer of supervision from one juvenile probation department in Texas to another juvenile probation department in Texas for a juvenile who moves or intends to move to another county and intends to remain in that county for at least 60 days.

(17) Intermediate Weapons--Weapons designed to neutralize or temporarily incapacitate an assailant, such as electronic restraint devices, irritants, and impact weapons. This level of self-defense employs the use of tools to neutralize aggressive behavior when deadly force is not justified but when empty-hand defense is not sufficient.

(18) Intern--An individual who performs services for a juvenile justice program or facility through a formal internship program that is sponsored by a juvenile justice agency or is part of an approved course of study through an accredited college or university.

(19) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program.

(20) Juvenile Board--A governing board created under Chapter 152 of the Texas Human Resources Code.

(21) Juvenile Justice Program--A program or department that:

(A) serves juveniles under juvenile court or juvenile board jurisdiction; and

(B) is operated solely [wholly] or partly by the governing board, juvenile board, or by a private vendor under a contract with the governing board or juvenile board. The term includes:

(i) juvenile justice alternative education programs;

(ii) non-residential programs that serve juvenile offenders under the jurisdiction of the juvenile court or the juvenile board; and

(iii) juvenile probation departments.

(22) Professional--a person who meets the definition of professional in §344.100 of this title.

(23) [(22)] Resident--A juvenile or other individual who has been lawfully admitted into a pre-adjudication secure juvenile detention facility, post-adjudication secure juvenile correctional facility, or a non-secure juvenile correctional facility.

(24) [(23)] Residential Placement--Supervision ordered by a juvenile court in which the child is placed on probation outside the child's home in a foster home or a public or private institution or agency.

(25) [(24)] Restraints--Personal or mechanical restraint.

(26) [(25)] Responsivity Factors--Factors that are not necessarily related to criminal activity but are relevant to the way in which the juvenile reacts to different types of interventions (e.g., learning styles and abilities, self-esteem, motivation for treatment, resistance to change, etc.)

(27) [(26)] SRSXEdit--An audit program developed by TJJD to assist juvenile probation departments not using the Caseworker or JCMS application with verifying their data prior to submission to TJJD.

(28) [(27)] Supervision--The case management of a juvenile by the assigned juvenile probation officer or designee through contacts (e.g., face-to-face, telephone, office, home, or collateral contacts) with the juvenile, the juvenile's family, and/or other persons or entities involved with the juvenile.

(29) [(28)] TCOLE--Texas Commission on Law Enforcement.

(30) [(29)] Title IV-E Approved Facility--A facility licensed and/or approved by the Texas Department of Family and Protective Services for Title IV-E participation.

(31) [(30)] TJJD--Texas Juvenile Justice Department.

(32) [(31)] TJJD Electronic Data Interchange (EDI) Extract--An automated process to extract and submit modified case records from the department's case management system to TJJD. The extract must be completed in accordance with this chapter.

(33) [(32)] TJJD Mental Health Screening Instrument--An instrument selected by TJJD to assist in identifying juveniles who may have mental health needs.

[(33) Transport Personnel--An employee of a juvenile probation department, other than a juvenile supervision officer, whose primary job duty is to transport juveniles.]

(34) Volunteer--An individual who performs services for the juvenile probation department without compensation from the department who has:

(A) any unsupervised contact with juveniles in a juvenile justice program or facility; or

(B) regular or periodic supervised contact with juveniles in a juvenile justice program or facility.

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 May 8, 2017.

TRD-201701864

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. JUVENILE BOARD REPONSIBILITIES

37 TAC §341.204

STATUTORY AUTHORITY

The new section is proposed under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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.

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 May 8, 2017.

TRD-201701865

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. REQUIREMENTS FOR JUVENILE PROBATION OFFICERS

37 TAC §§341.400, 341.402, 341.403

STATUTORY AUTHORITY

The amended section and new sections are proposed under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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

§341.400.Duties of Certified Juvenile Probation Officers.

(a) The following duties and responsibilities may be performed only by certified juvenile probation officers, except as allowed by subsection (b) of this section:

(1) recommending a disposition in formal court proceedings;

(2) providing final approval of written social history reports;

(3) acting as the primary supervising officer for court-ordered and deferred prosecution cases;

(4) acting as the primary supervising officer in a collaborative supervision agreement under Texas Family Code §51.075;

(5) developing and implementing case plans in accordance with Subchapter E of this chapter;

(6) conducting intake interviews and preliminary investigations and making release decisions under Texas Family Code §53.01, unless another staff member is designated to do so by the juvenile board;

(7) taking a child into custody as authorized by Texas Family Code §§52.01(a)(4), 52.01(a)(6), or 52.015;

(8) serving as the designated inter-county transfer officer and performing the duties required by Texas Family Code §51.072;

(9) referring a child to a local mental health or mental retardation authority as required by Texas Family Code §54.0408;

(10) explaining to the juvenile and to the juvenile's parent, guardian, or custodian, the following, as required by Texas Family Code §58.209:

(A) who will have access to the juvenile's record; and

(B) under what circumstances that record may be eligible for restricted access or sealing; and

(11) providing the juvenile with a written copy of the explanation in paragraph (10) of this subsection.

(b) An [Subject to the application deadline established in Chapter 344 of this title, an] individual hired as a juvenile probation officer who is not yet certified as a juvenile probation officer may perform the duties under subsection (a) of this section only if the individual has:

(1) not exceeded the deadline for submitting a certification application established by Chapter 344 of this title;

(2) completed a minimum of 40 hours of training, which must include the mandatory exam topics required in Chapter 344 of this title; and [.]

(3) passed the certification exam for juvenile probation officers.

§341.402.Duties of Certified Community Activities Officers.

(a) The following duties and responsibilities may be performed only by certified community activities officers, except as allowed by subsections (b) and (c) of this section:

(1) supervising juveniles in a non-secure setting within a juvenile justice program; or

(2) transporting juveniles in a non-secure setting within a juvenile justice program.

(b) An individual hired into a position requiring certification as a community activities officer who is not yet certified as a community activities officer may perform the duties under subsection (a) of this section only if the individual has:

(1) not exceeded the deadline for submitting a certification application established by Chapter 344 of this title; and

(2) completed at least 40 hours of training, which must include the topics listed in §344.626 of this title.

(c) The following individuals may perform the duties listed in subsection (a) of this section:

(1) a certified juvenile probation officer; or

(2) a certified juvenile supervision officer.

(d) Notwithstanding subsections (a) and (b) of this section, an individual in a position requiring certification as a community activities officer may participate in the administration of intensive physical activity, as defined in Chapter 348 of this title, only if the individual has received training in adolescent development and behavior.

(e) Nothing in this chapter is intended to require professionals who are providing services in their professional capacity to obtain certification as a community activities officer. For purposes of this chapter, providing services in a professional capacity is not considered supervising juveniles.

§341.403.Supervising and Transporting Juveniles.

At least one staff member who is supervising or transporting a juvenile in a non-secure setting within a juvenile justice program must be certified in cardiopulmonary resuscitation and first aid.

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 May 8, 2017.

TRD-201701866

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER G. RESTRAINTS

37 TAC §341.702

STATUTORY AUTHORITY

The amended section is proposed under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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

§341.702.Requirements.

[(a)] The use of restraints is governed by the following criteria.

(1) Personal restraints may be used only by juvenile probation officers and community activities officers [transport personnel] who are trained and currently certified in the use of the approved personal restraint technique.

(2) Mechanical restraints may be used only by juvenile probation officers and community activities officers [transport personnel] who are trained in the use of all approved mechanical restraint devices.

(3) Except during routine transportation or when a juvenile probation officer takes a juvenile into custody under Texas Family Code §52.01 or §52.015, restraints may be used only in instances of threat of imminent or active:

(A) self-injury;

(B) injury to others; or

(C) serious property damage.

(4) Restraints may be used only as a last resort.

(5) Only the amount of force and type of restraint necessary to control the situation may be used.

(6) Restraints must be implemented in such a way as to protect the health and safety of the juvenile and others.

(7) Restraints must be terminated as soon as the juvenile's behavior no longer indicates an imminent threat of self-injury, injury to others, or serious property damage, except during routine transportation or when a juvenile probation officer takes a juvenile into custody.

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 May 8, 2017.

TRD-201701868

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


37 TAC §341.705

STATUTORY AUTHORITY

The repeal is proposed under §221.002(a)(1), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for various aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services.

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

§341.705.Transport Personnel.

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 May 8, 2017.

TRD-201701869

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


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

The Texas Juvenile Justice Department (TJJD) proposes to amend §343.428, concerning resident supervision in pre-adjudication secure detention facilities, and §343.622, concerning resident supervision in post-adjudication secure correctional facilities

TJJD also proposes new §343.429, concerning additional required training for certified officers in pre-adjudication secure detention facilities who are hired by a different department; and new §343.623, concerning additional required training for certified officers in post-adjudication secure correctional facilities who are hired by a different department.

SECTION-BY-SECTION SUMMARY

The amended §343.428 will add that, in order to supervise residents in a pre-adjudication facility, a certified juvenile supervision officer must have received the facility-specific training listed in §343.429 if the officer was certified while working for another department. The amended section will also add that a juvenile supervision officer who is not yet certified may supervise residents only if the individual: 1) has not exceeded the deadline for submitting an application for certification; 2) has completed all training required by 37 TAC §344.622 and §344.624 (rather than at least 40 hours consisting of the mandatory exam topics, CPR, first aid, and personal restraint technique); and 3) has passed the certification exam.

The new §343.429 will establish a list of facility-specific training topics that a certified juvenile supervision officer must receive if that officer is hired by a department or facility different than the one where the officer received his/her certification. The new section will also prohibit a juvenile supervision officer who has not completed the facility-specific training from being included in officer-to-resident ratios and from performing any duties of a juvenile supervision officer.

The amended §343.622 will add that, in order to supervise residents in a post-adjudication facility, a certified juvenile supervision officer must have received the facility-specific training listed in §343.623 if the officer was certified while working for another department. The amended section will also add that a juvenile supervision officer who is not yet certified may supervise residents only if the individual: 1) has not exceeded the deadline for submitting an application for certification; 2) has completed all training required by 37 TAC §344.622 and §344.624 (rather than at least 40 hours consisting of the mandatory exam topics, CPR, first aid, and personal restraint technique); and 3) has passed the certification exam.

The new §343.623 will establish a list of facility-specific training topics that a certified juvenile supervision officer must receive if that officer is hired by a department or facility different than the one where the officer received his/her certification. The new section will also prohibit a juvenile supervision officer who has not completed the facility-specific training from being included in officer-to-resident ratios and from performing any duties of a juvenile supervision officer.

FISCAL NOTE

Mike Meyer, Chief Financial Officer, has determined that for each year of the first five years the amended and new sections are in effect, there will be no significant fiscal impact for state or local government as a result of enforcing or administering the sections.

PUBLIC BENEFIT/COSTS

Kristy Almager, Director of the Juvenile Justice Training Academy, has determined that for each year of the first five years the amended and new sections are in effect, the public benefit anticipated as a result of administering the sections will be youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

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

PUBLIC COMMENTS

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

SUBCHAPTER C. SECURE PRE-ADJUDICATION DETENTION FACILITY STANDARDS

37 TAC §343.428, §343.429

STATUTORY AUTHORITY

The amended section and new section are proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private juvenile pre-adjudication and post-adjudication secure facilities.

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

§343.428.Qualifications to Provide Resident Supervision.

(a) A juvenile supervision officer may provide resident supervision only if he or she:

(1) is currently certified as a juvenile supervision officer and, if applicable, has received the facility-specific training required in §343.429 of this title; or

(2) meets the following criteria:

(A) has not exceeded the deadline for submitting a certification application established by Chapter 344 of this title; [has been employed by the facility less than 180 calendar days and]

(B) has completed all training required by §344.622 and §344.624 of this title; and [a minimum of 40 hours of training, which shall include the mandatory topics outlined in Chapter 344 of this title, as well as certification in CPR, first aid, and a personal restraint technique approved by TJJD.]

(C) has passed the certification exam for juvenile supervision officers.

(b) A juvenile supervision officer who fails to meet the requirements in subsection (a) of this section may [shall] not:

(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or

(2) perform any duties of a juvenile supervision officer listed in this title [chapter].

§343.429.Additional Training Required for Certified Officers Hired by a Different Department.

(a) If a certified juvenile supervision officer is hired by a department or a private facility other than the one where the officer was employed at the time of receiving his or her certification, the officer must receive facility-specific training in the following topics as they relate to the duties of a juvenile supervision officer at the new department or facility:

(1) suicide prevention plan;

(2) preventing, identifying, and reporting abuse, neglect, and exploitation;

(3) verbal de-escalation policies, procedures, and practices;

(4) resident supervision, including resident behavior observation and documentation requirements;

(5) behavior management, including the resident discipline plan and safety-based seclusion;

(6) resident-initiated separation;

(7) facility safety and security;

(8) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;

(9) fire safety plan, including fire drill procedures;

(10) non-fire emergency and evacuation procedures;

(11) recognizing and responding to mental health needs of residents;

(12) resident grievance procedures;

(13) transportation of juveniles; and

(14) searches of juveniles.

(b) A juvenile supervision officer who has not completed the training as required by subsection (a) of this section may not:

(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or

(2) perform any duties of a juvenile supervision officer listed in 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 May 8, 2017.

TRD-201701870

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. SECURE POST-ADJUDICATION CORRECTIONAL FACILITY STANDARDS

37 TAC §343.622, §343.623

STATUTORY AUTHORITY

The amended section and new section are proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private juvenile pre-adjudication and post-adjudication secure facilities.

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

§343.622.Qualifications to Provide Resident Supervision.

(a) A juvenile supervision officer may provide resident supervision only if he or she:

(1) is currently certified as a juvenile supervision officer and, if applicable, has received the facility-specific training required in §343.623 of this title; or

(2) meets the following criteria:

(A) has not exceeded the deadline for submitting a certification application established by Chapter 344 of this title; [has been employed by the facility less than 180 calendar days and]

(B) has completed all training required by §344.622 and §344.624 of this title; and [a minimum of 40 hours of training, which shall include the mandatory topics outlined in Chapter 344 of this title, as well as certification in CPR, first aid, and a personal restraint technique approved by TJJD.]

(C) has passed the certification exam for juvenile supervision officers.

(b) A juvenile supervision officer who fails to meet the requirements in subsection (a) of this section may [shall] not:

(1) be included in the juvenile supervision officer-to-resident ratios identified in this chapter; or

(2) perform any duties of a juvenile supervision officer listed in this title [chapter]. §343.623.Additional Training Required for Certified Officers Hired by a Different Department.

(a) If a certified juvenile supervision officer is hired by a department or a private facility other than the one where the officer was employed at the time of receiving his or her certification, the officer must receive facility-specific training in the following topics as they relate to the duties of a juvenile supervision officer at the new department or facility:

(1) suicide prevention plan;

(2) preventing, identifying, and reporting abuse, neglect, and exploitation;

(3) verbal de-escalation policies, procedures, and practices;

(4) resident supervision, including resident behavior observation and documentation requirements;

(5) behavior management, including the resident discipline plan and safety-based seclusion;

(6) resident-initiated separation;

(7) facility safety and security;

(8) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;

(9) fire safety plan, including fire drill procedures;

(10) non-fire emergency and evacuation procedures;

(11) recognizing and responding to mental health needs of residents;

(12) resident grievance procedures;

(13) transportation of juveniles; and

(14) searches of juveniles.

(b) A juvenile supervision officer who has not completed the training as required by subsection (a) of this section may not:

(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or

(2) perform any duties of a juvenile supervision officer listed in 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 May 8, 2017.

TRD-201701871

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


CHAPTER 344. EMPLOYMENT, CERTIFICATION AND TRAINING

The Texas Juvenile Justice Department (TJJD) proposes to repeal §§344.100, 344.110, 344.120, 344.200, 344.210, 344.220, 344.230, 344.300, 344.310, 344.320, 344.330, 344.340, 344.400, 344.410, 344.500, 344.510, 344.520, 344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680, 344.700, 344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, and 344.890, relating to Employment, Certification and Training.

SECTION-BY-SECTION SUMMARY

The repeal of §344.100 will allow for the content to be revised and republished as new §344.100.

The repeal of §344.110 will allow for the content to be revised and republished as new §344.110.

Section 344.120, which refers to TJJD's publication of a Compliance Resource Manual for purposes of establishing requirements for ensuring and verifying compliance with this chapter, is proposed for repeal. TJJD no longer publishes a Compliance Resource Manual for this chapter.

The repeal of §344.200 will allow for the content to be revised and republished as new §344.200 and §344.202.

The repeal of §344.210 will allow for the content to be revised and republished as new §344.210.

The repeal of §344.220 will allow for the content to be revised and republished as new §344.220.

The repeal of §344.230 will allow for the content to be revised and republished as new §344.230.

The repeal of §344.300 will allow for the content to be revised and republished as new §344.300 and §344.302.

The repeal of §344.310 will allow for the content to be revised and republished within new §§344.300, 344.312, 344.400, and 344.410.

The repeal of §344.320 will allow for the content to be revised and republished as new §344.320.

The repeal of §344.330 will allow for the content to be revised and republished as new §344.330.

Section §344.340 is proposed for repeal. TJJD verifies compliance with various criminal history requirements through the Fingerprint-Based Applicant Clearinghouse of Texas and not through hard-copy criminal history reports.

The repeal of §344.400 will allow for the content to be revised and republished as new §344.400.

The repeal of §344.410 will allow for the content to be revised and republished as new §344.410.

The repeal of §344.500 will allow for the content to be revised and republished as new §344.204.

The repeal of §344.510 will allow for the content to be revised and republished as new §344.208.

The repeal of §344.520 will allow for the content to be revised and republished as new §344.212.

The repeal of §344.600 will allow for the content to be revised and republished as new §344.600.

The repeal of §344.610 will allow for the content to be revised and republished as new §344.610.

The repeal of §344.620 will allow for the content to be revised and republished as new §§344.620, 344.622, and 344.624.

The repeal of §344.630 will allow for the content to be revised and republished as new §344.630.

The repeal of §344.640 will allow for the content to be revised and republished as new §344.640.

Section §344.650 is proposed for repeal because the effects of failing to complete continuing education are generally redundant with failing to renew a certification, which is explained elsewhere within the proposed new chapter.

The repeal of §344.660 will allow for the content to be revised and republished as new §344.660.

The repeal of §344.670 will allow for the content to be revised and republished as new §344.670.

The repeal of §344.680 will allow for the content to be revised and republished as new §344.680.

The repeal of §344.700 will allow for the content to be revised and republished as new §344.700.

The repeal of §344.800 will allow for the content to be revised and republished as new §§344.800, 344.802, and 344.804.

Section 344.810 is proposed for repeal because it is generally redundant with new §344.200 and §344.850.

Section 344.820 is proposed for repeal because the length of certification periods will now be addressed in new §344.862.

Section 344.830 is proposed for repeal because the deadline for certification renewals and required information will now be addressed in new §344.864.

The repeal of §344.840 will allow for the content to be revised and republished as new §344.866.

The repeal of §344.850 will allow for the content to be revised and republished as new §344.850.

The repeal of §344.860 will allow for the content to be revised and republished as new §344.860 and §344.864.

The repeal of §344.870 will allow for the content to be revised and republished as new §344.870.

The repeal of §344.880 will allow for the content to be revised and republished as new §344.880.

The repeal of §344.890 will allow for the content to be revised and republished as new §344.874.

FISCAL NOTE

Mike Meyer, Chief Financial Officer, 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 or local government as a result of enforcing or administering the repeals, under the assumption the repealed chapter will be readopted in modified form.

PUBLIC BENEFIT/COSTS

Kristy Almager, Director of the Juvenile Justice Training Academy, 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 allowing for the adoption of a revised chapter.

Mr. Meyer has also determined that, assuming the repealed chapter will be readopted in modified form, there will be no effect on small businesses or micro-businesses and there will be no anticipated economic cost to persons who are required to comply with the repeals as proposed. No private real property rights are affected by the repeal of these sections.

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

37 TAC §§344.100, 344.110, 344.120

STATUTORY AUTHORITY

The repeals are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.100.Definitions.

§344.110.Interpretation and Applicability.

§344.120.The Compliance Resource Manual and Implementation of Agency Policy.

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 May 8, 2017.

TRD-201701850

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. QUALIFICATIONS FOR EMPLOYMENT

37 TAC §§344.200, 344.210, 344.220, 344.230

STATUTORY AUTHORITY

The repeals are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.200.General Qualifications for Employment.

§344.210.Work Experience.

§344.220.Exemptions from Qualifying Work Experience.

§344.230.Persons Who May Not Act as Chief Administrative Officers, Juvenile Probation Officers, Juvenile Supervision Officers or Youth Activities Supervisor.

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 May 8, 2017.

TRD-201701851

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER C. CRIMINAL HISTORY SEARCHES

37 TAC §§344.300, 344.310, 344.320, 344.330, 344.340

STATUTORY AUTHORITY

The repeals are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.300.Criminal History Searches for Positions Requiring Certification.

§344.310.Criminal History Searches for Positions Not Requiring Certification.

§344.320.Criminal History Searches for Position and Departmental Transfers.

§344.330.Criminal History Searches for Secure Contract Facility Employees.

§344.340.Criminal History Records Retention.

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 May 8, 2017.

TRD-201701852

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. DISQUALIFYING CRIMINAL HISTORY

37 TAC §344.400, §344.410

STATUTORY AUTHORITY

The repeals are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.400.Disqualifying Criminal History.

§344.410.Variance of Disqualifying Criminal History.

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 May 8, 2017.

TRD-201701853

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER E. EDUCATION REQUIREMENTS FOR EMPLOYMENT AND CERTIFICATION

37 TAC §§344.500, 344.510, 344.520

STATUTORY AUTHORITY

The repeals are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.500.Education Requirements.

§344.510.Persons Not Subject to Minimum Qualifying Educational Requirements.

§344.520.Verification of Education Requirements.

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 May 8, 2017.

TRD-201701854

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER F. TRAINING AND CONTINUING EDUCATION

37 TAC §§344.600, 344.610, 344.620, 344.630, 344.640, 344.650, 344.660, 344.670, 344.680

STATUTORY AUTHORITY

The repeals are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.600.Minimum Requirements for Certification.

§344.610.Relevance of Training and Standardized Curriculum.

§344.620.Required Training for Certification.

§344.630.On-the-Job Training.

§344.640.Continuing Education Requirements for Maintaining Certification.

§344.650.Non-Compliance with Training and Continuing Education Requirements.

§344.660.Approval and Review of Training Topics.

§344.670.Training Methods and Limitations.

§344.680.Documentation.

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 May 8, 2017.

TRD-201701855

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER G. COMPETENCY EXAMINATION

37 TAC §344.700

STATUTORY AUTHORITY

The repeal is proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.700.Competency Examination Requirement.

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 May 8, 2017.

TRD-201701856

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER H. CERTIFICATION

37 TAC §§344.800, 344.810, 344.820, 344.830, 344.840, 344.850, 344.860, 344.870, 344.880, 344.890

STATUTORY AUTHORITY

The repeals are proposed under Section 221.002(a)(3), Human Resources Code, which requires TJJD 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.

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

§344.800.Positions Requiring Certification.

§344.810.Eligibility for Certification.

§344.820.Length of Certification.

§344.830.Certification Renewal Period.

§344.840.Certification Status.

§344.850.Employment by a Governmental Unit.

§344.860.Certification Process.

§344.870.Requests for Extension.

§344.880.Transfer or Reactivation of Certification.

§344.890.Termination of Employment.

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 May 8, 2017.

TRD-201701857

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING

The Texas Juvenile Justice Department (TJJD) proposes new §§344.100, 344.110, 344.200, 344.202, 344.204, 344.206, 344.208, 344.210, 344.212, 344.220, 344.230, 344.300, 344.302, 344.312, 344.320, 344.330, 344.350, 344.400, 344.410, 344.600, 344.610, 344.620, 344.622, 344.624, 344.626, 344.630, 344.640, 344.660, 344.670, 344.680, 344.700, 344.800, 344.802, 344.804, 344.850, 344.860, 344.862, 344.864, 344.866, 344.868, 344.870, 344.874, 344.876, 344.878, 344.880, and 344.884, relating to Employment, Certification, and Training.

SECTION-BY-SECTION SUMMARY

New §344.100 modifies and republishes information currently contained in §344.100. The new section provides definitions of terms used in the chapter. Changes in the new section include: 1) adding definitions for the following terms: Certification Exam, Certification Period, Community Activities Officer, Conviction, and Grace Period; 2) deleting definitions for the following terms: Applicant, Board, Commission, Competency Examination, Mandatory Topics, One Year of Graduate Study, Training, and Youth Activities Supervisor; 3) adding community activities officer to the list of positions included within the definition of Certified Officer; 4) clarifying that the definition of Direct, Unsupervised Access does not include interactions that are incidental and momentary; 5) clarifying that the definition of Facility Administrator applies to all juvenile justice facilities, not just secure facilities; 6) making minor wording changes to the definitions of Juvenile Justice Facility and Juvenile Justice Program to align with definitions in other TJJD rules; 7) clarifying that a Juvenile Probation Department consists of the governmental unit itself, rather than the physical offices and premises used by that governmental unit; 8) removing a reference to being in good standing with TJJD in the definition of Juvenile Probation Officer; and 9) adding that the definition of Juvenile Supervision Officer does not include individuals who supervise juveniles in a juvenile justice program unless that program is a juvenile justice alternative education program operated by a juvenile probation department that also operates a juvenile justice facility.

New §344.110 modifies and republishes information currently contained in §344.110. The new section establishes general guidelines for interpreting the chapter and addresses the applicability of the chapter. Changes in the new section include: 1) deleting the provision that made this entire chapter apply only to certifications granted after the effective date. The entire chapter will apply to all covered individuals (i.e., certified officers and certain non-certified personnel) regardless of when the person began employment or began providing services unless the chapter makes a specific exception. Such exceptions are included within the chapter for certain requirements relating to criminal history, education, and the certification exam; 2) clarifying that this chapter applies to all juvenile justice programs and facilities in Texas unless otherwise stated; 3) clarifying that all employment and education qualifications required by this chapter must have been completed before a person begins employment; 4) clarifying that the words "including" and "includes" mean that a non-exhaustive list will follow; 5) deleting the paragraph about use of headings; and 6) moving to new §344.400 the provision that exempts criminal history occurring before September 1, 2003.

New §344.200 modifies and republishes certain information currently contained in §344.200. The new section establishes the minimum qualifications for certification in certain positions. Changes in the new section include: 1) adding a requirement for juvenile probation officers and juvenile supervision officers to pass the certification exam and complete all training required by this chapter; 2) adding minimum qualifications for a new type of certification--community activities officer--established by this chapter; 3) removing references to youth activities supervisors, which is a type of certification that will no longer be authorized by this chapter; and 4) changing the scope of the section to focus on qualifications for certification, rather than qualifications for employment.

New §344.202 modifies and republishes certain information currently found in §344.200. The new section establishes the minimum qualifications to serve as a facility administrator. Changes in the new section include clarifying that a newly appointed facility administrator may obtain the required certification as a juvenile supervision officer after assuming the role as facility administrator, subject to the application deadlines in this chapter.

New §344.204 modifies and republishes information currently found in §344.500. The new section establishes specific requirements relating to educational qualifications of certified officers. Changes in the new section include: 1) clarifying that one year of graduate study means successful completion of at least 18 post-graduate credit hours; 2) clarifying that if graduate study is used to meet certification requirements, it must have been at a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board; 3) extending the education requirements for juvenile supervision officers to apply to community activities officers; 4) clarifying that if a high school diploma is used to meet certification requirements, the diploma must have been issued by a high school accredited by a generally recognized accrediting organization or by a high school operated by the US Defense Department; 5) adding a list of generally recognized accrediting organizations; 6) adding a process for requesting TJJD to recognize an organization that is not on the list of generally recognized accrediting organizations; and 7) removing home-school issued diplomas and certificates from the requirement to be validated by an evaluation service.

New §344.206 will: 1) require certain diplomas issued by foreign high schools to be accompanied by an evaluation that verifies the education is the substantial equivalent of a United States high school education; 2) require the evaluation to be performed by an evaluation service that is a member of the National Association of Credential Evaluation Services; 3) require the results of the evaluation to be sent directly to the employing department or facility; and 4) allow the employing department or facility to require the applicant to pay any fees required for the evaluation.

New §344.208 modifies and republishes information currently found in §344.510. The new section exempts individuals who have been serving as juvenile probation officers since before September 1, 1981, from meeting the educational requirements for juvenile probation officers. Changes in the new section include: 1) clarifying that a lapse of employment (rather than a lapse in certification) as a juvenile probation officer will result in the officer being required to meet all employment, certification, and training requirements; and 2) updating a reference to state law.

New §344.210 modifies and republishes information currently found in §344.210. The new section establishes the amount and type of work experience that may be substituted for one year of graduate study in order to obtain certification as a juvenile probation officer. Changes in the new section include: 1)clarifying that the one year of required full-time experience may be paid or unpaid; 2) specifying that one year of full-time experience means at least 1,500 hours in one or more eligible positions within 12 months, which do not have to be consecutive months; and 3) adding a requirement for the department or facility to verify the dates of employment or volunteer service, the position held, and the total number of hours worked.

New §344.212 modifies and republishes information currently found in §344.520. The new section requires departments and facilities to verify that applicants for certified positions have met the educational requirements. The change in the new section consists of clarifying that it is the responsibility of the department or facility to require proof of educational attainment (rather than the applicant to provide proof).

New §344.220 modifies and republishes information currently found in §344.220. The new section provides a way to request an exemption from the requirement to have one year of graduate study or full-time work experience. Changes in the new section include: 1)specifying that a "diligent effort" to employ an individual who meets the graduate study or work experience requirement means posting the position in at least two job posting sources for at least 20 days; 2) adding a prohibition on hiring the individual without written verification that TJJD has approved the exemption request; 3) adding a provision stating that facility administrators and chief administrative officers are not eligible for this exemption; and 4) deleting the requirement for the chief administrative officer to provide written notification to the juvenile board chair of each request for exemption.

New §344.230 modifies and republishes information currently found in §344.230. The new section prohibits peace officers, prosecuting attorneys, or other persons who are employed by or directly report to a law enforcement or prosecution official from acting in various juvenile probation capacities. Changes in the new section include: 1) adding a reference to the relevant state law; 2) adding facility administrator and community activities officer to the list of capacities in which law enforcement or prosecution officials may not serve; and 3) to more closely match the statute, clarifying that law enforcement or prosecution officials may not be made responsible for supervising a juvenile on probation (rather than in a juvenile justice facility or program).

New §344.300 modifies and republishes information currently found in §344.300 and §344.310. The new section establishes requirements for submitting fingerprints and conducting background checks. Changes in the new section include: 1) clarifying that, in addition to positions requiring certification, the list of individuals who require a criminal history check now includes anyone who may have direct, unsupervised access to juveniles in a juvenile justice facility or program and who is any of the following--an employee in a position not requiring certification, a volunteer or intern, or an individual who provides goods or services under contract, except for employees of a public school district; 2) clarifying that the criminal history check must be completed (rather than initiated) before an individual begins employment or service provision; 3) adding that the department must conduct the check for contractors who require a criminal history check (rather than verify that the employer has conducted a check within the past two years); 4) clarifying that a juvenile's attorney, family members, managing conservator, guardian, or other approved visitors do not require criminal history checks; 5) adding a requirement for departments to maintain a Fingerprint Applicant Clearinghouse of Texas (FACT) subscription for each individual in a position requiring a criminal history check for as long as the individual remains in such a position; and 6) removing TJJD's obligation to maintain a FACT subscription for certified officers.

New §344.302 modifies and republishes certain information currently found in §344.300. The new section requires departments to review an applicant's military history and to request additional information from the appropriate governmental entity if the character of service is other than honorable discharge. Changes in the new section include: 1) replacing references to the DD-214 form with "separation or discharge documents;" 2) adding a requirement for the department or facility to use information from the separation or discharge documents and any additional requested information to determine if the individual has a disqualifying history before the individual begins employment or service provision; and 3) adding a requirement for the department or facility to review the most recent separation or discharge documents when a currently employed certified officer returns from a period of active duty or is discharged.

New §344.312 modifies and republishes certain information currently found in §344.310. The new section exempts employees of facilities or programs that are licensed by other state agencies from the criminal history checks performed by juvenile probation departments, provided the license of the facility/program is in good standing with the licensing agency. Changes in the new section include: 1) adding that employees of facilities or programs that are licensed in other states by agencies equivalent to the Texas Department of Family and Protective Services or the Texas Health and Human Services Commission are exempt from the background check requirements of this chapter; and 2) clarifying that the term "license" may include permits, certificates, registrations, or other forms of permission required by law.

New §344.320 modifies and republishes information currently found in §344.320. The new section requires a criminal history check when a person transfers into a position requiring certification or when a certified officer accepts simultaneous or subsequent employment in a different department or private facility. Changes in the new section consist of non-substantive wording changes and clarifications.

New §344.330 modifies and republishes information currently found in §344.330. The new section explains the responsibilities of private juvenile justice facilities and of the juvenile probation department serving the county where a private juvenile justice facility is located with regard to conducting criminal history checks for the private facility. Changes in the new section include: 1) clarifying that the department must maintain a subscription to FACT records on behalf of the private facility for each person requiring a criminal history check; 2) adding a requirement for a private facility to notify the department within 10 calendar days after an individual subject to criminal history checks separates from employment, ceases to provide services, or transfers out of a position that requires criminal history checks; 3) adding a requirement for the department to immediately notify the private facility administrator in writing if the department receives a FACT alert regarding an arrest, conviction, or deferred adjudication for a disqualifying offense for a person who is employed by or provides services at the private facility; and 4) removing the requirement for the private facility to contact the referring criminal justice agency to follow up on any arrest for which a disposition has not been reported.

New §344.350 requires departments and facilities to verify with TJJD, before making an offer of employment for a certification-eligible position, that several disqualifying factors are not present.

New §344.400 modifies and republishes information currently found in §344.310 and §344.400. The new section establishes the disqualifying criminal history for positions requiring certification and for certain non-certified positions. Changes in the new section include adding a lifetime ban for individuals convicted of a felony listed in Article 42A.054, Texas Code of Criminal Procedure (formerly known as "3g" offenses). This ban will not affect officers who were certified before the date this revised standard takes effect unless the officer's certification expires in the future. This ban will not affect individuals in non-certified positions who began providing services for the department before this revised standard takes effect unless there is a future break in service. Additional changes in the new section include: 1) adding a requirement for a department to notify TJJD in writing within 10 days if the department receives notice that a person in a position requiring certification has been arrested for potentially disqualifying criminal conduct; and 2) adding a requirement for a department to notify TJJD in writing within 10 days if the department receives notice that a person in a position requiring certification has been convicted of disqualifying criminal conduct.

New §344.410 modifies and republishes information currently found in §344.310 and §344.410. The new section establishes the methods that may allow individuals convicted of Class B misdemeanors to be eligible for certification or to serve in certain non-certified positions. Changes in the new section include adding a requirement that the justification must be documented if a juvenile board grants an exemption allowing an individual with a conviction for a Class B misdemeanor to serve in certain non-certified positions.

New §344.600 modifies and republishes information currently found in §344.600. The new section establishes the number of training hours required for initial certification. Changes in the new section include: 1) adding that certification as a community activities officer requires a minimum of 40 hours of training, which must include the topics listed in §344.626; and 2) adding that, to be eligible for credit, training must have been received within 18 months prior to the date the certification application is submitted; and 3) removing references to certification of youth activities supervisors.

New §344.610 modifies and republishes information currently found in §344.610. The new section establishes that training must be relevant to an officer's duties and requires that TJJD's standardized curriculum must be used when training on mandatory exam topics. The section also establishes who may provide training on the mandatory exam topics. Changes in the new section include adding that individuals who are qualified by relevant knowledge, education, and/or experience may provide training on mandatory exam topics. Such individuals are not required to complete specialized training provided by TJJD or the employing department.

New §344.620 modifies and republishes certain information currently found in §344.620. The new section lists the topics that are covered in the certification exam for juvenile probation officers. Changes in the new section include making several changes to the list of required topics, including: 1) adding trauma-informed care as a topic; 2) adding adolescent development and behavior as a topic; 3) adding cultural competency as a topic; 4) adding risk and needs assessment to the existing topic covering case planning and case management; 5) clarifying that prevention is included in the topic that addresses identifying and reporting abuse, neglect, and exploitation; and 6) clarifying that the topic covering the Prison Rape Elimination Act focuses on the purpose and goals of the Act.

New §344.622 modifies and republishes certain information currently found in §344.620. The new section lists the topics that are covered in the certification exam for juvenile supervision officers. Youth activities supervisors are no longer included in the requirements of this section. Changes in the new section include clarifying that successful completion of the certification exam is required before a juvenile supervision officer may count in any staff-to-juvenile ratio. Additional changes in the new section include making several changes to the list of required topics, including: 1) adding trauma-informed care as a topic; 2) adding cultural competency as a topic; 3) clarifying that prevention is included in the topic that addresses identifying and reporting abuse, neglect, and exploitation; 4) clarifying that the topic covering the Prison Rape Elimination Act focuses on the purpose and goals of the Act; and 5) changing "adolescent physical development and exercise related health risks" to "adolescent development and behavior."

New §344.624 modifies and republishes certain information currently found in §344.620. The new section lists the topics not covered on the certification exam that are required for initial certification as a juvenile supervision officer. Changes in the new section include: 1) removing the reference to youth activities supervisors; 2) adding verbal de-escalation policies, procedures, and practices as a topic; 3) adding resident-initiated separation as a topic; 4) adding searches of juveniles as a topic; 5) clarifying that the topic addressing behavior management must also include the juvenile discipline plan and safety-based seclusion; 6) clarifying that the topic addressing use of restraints must also cover TJJD's standards on restraints, including prohibited techniques and criteria for use; 7) clarifying that the topic addressing department-specific policies for reporting abuse, neglect, and exploitation must also include prevention and identification; 8) removing supervision of residents in seclusion as a stand-alone topic; 9) combining the topic covering resident supervision with the topic covering juvenile behavior observation and documentation; 10) removing risk management from the topic addressing facility safety and security; 11) removing cultural diversity as a topic (cultural competency is now included in §344.622 as a mandatory exam topic); 12) clarifying that the topic addressing fire drill procedures must also include the fire safety plan; 13) clarifying that the topic addressing emergency and evacuation procedures relates to non-fire emergencies; 14) removing departmental security from the topic addressing emergency and evacuation procedures; and 15) clarifying that the topic addressing medical and health services relates to referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents.

New §344.626 lists the training topics that must be received for an individual to obtain initial certification as a community activities officer.

New §344.630 modifies and republishes information currently found in §344.630. The new section lists the requirements that on-the-job training (OJT) must meet in order to be eligible for credit toward certification or renewal of certification. Changes in the new section include: 1) adding that no more than 20 hours of OJT may be counted toward initial certification or renewal of certification for community activities officers; 2) adding a list of specific elements that must be included in the documentation of an OJT program in order for the training to count toward certification; 3) removing the requirement for departments to use the OJT documentation format developed by TJJD or an equivalent format; and 4) removing references to certification of youth activities supervisors.

New §344.640 modifies and republishes information currently found in §344.640. The new section establishes the amount and type of continuing education officers must receive to renew their certifications. Changes in the new section include: 1) reducing the number of continuing education hours required for juvenile probation officers from 80 to 60; 2) adding the following to the list of topics that juvenile supervision officers must receive during each certification period--preventing, identifying, and reporting abuse, neglect, and exploitation; verbal de-escalation policies, procedures, and practices; and standards regarding the use of personal and mechanical restraints, including prohibited techniques and criteria for use; 3) adding that community activities officers must complete 40 hours of continuing education to maintain an active certification; 4) adding a list of five topics that community activities officers must receive during each certification period; 5) adding that the requirement for chief administrative officers and facility administrators to complete 20 hours of management-related topics does not apply to the certification period during which an individual is appointed as a chief administrative officer or facility administrator; and 6) clarifying that the amount of required continuing education does not change if an officer's certification becomes inactive and is later reactivated within the same certification period.

New §344.660 modifies and republishes information currently found in §344.660. The new section establishes that TJJD must approve training and continuing education topics in order for them to be eligible for credit toward certification. Changes in the new section include adding that each training or continuing education event must meet the following criteria in order to be eligible to count toward certification: 1) relevant, which means it is related to job responsibilities, the field of juvenile justice, or fields of study approved by TJJD; 2) organized, which means it is based on documentation that includes specific learning objectives, training methods, and evaluation techniques; and 3) planned, which means it is scheduled and conducted in a predetermined location. If the training is provided by the department or facility, the training must also be evaluated, which means participants are provided an opportunity to provide written feedback and/or participants are tested to measure the transfer of knowledge. Additional changes to the section consist of adding that TJJD may, on a case-by-case basis, approve events for credit that do not meet these specific requirements. Further changes to the section consist of adding that departments and facilities may contact TJJD to request advance approval of a training or continuing education topic.

New §344.670 modifies and republishes information currently found in §344.670. The new section sets limits on the types and methods of training that may be counted toward certification. Changes in the new section include: 1) adding that any training topic may be counted twice in a certification period; 2) adding that any training topic may be counted up to four times in a certification period if an officer is concurrently employed by more than one department or facility or has transferred to a new department or facility within a certification period; 3) clarifying that meetings, reviews of policy/procedure, and reviews of employment-related benefits are not eligible for training credit unless they meet the requirements in §344.660; 4) adding that firearms training required under §341.808 is not eligible for credit toward continuing education requirements; 5) clarifying that juvenile probation officers and juvenile supervision officers may not count more than 20 hours of pre-recorded training in a certification period; 6) adding that community activities officers may not count more than 20 total hours of video or web-based training, with no more than 10 of those hours from pre-recorded training; 7) removing the paragraph relating to credit for correspondence courses (these are generally college courses, which are addressed elsewhere in this section); 8) adding that credit for college courses may be used toward requirements for initial certification, in addition to certification renewal; 9) clarifying that TJJD determines on a case-by-case basis whether training credit will be granted for a particular college course and how many training hours will be approved for credit; 10) increasing the maximum training credit that may be granted for developing training curriculum from 10 hours to 20 hours; and 11) increasing the maximum training credit that may be granted for time spent delivering training from 10 hours to 20 hours.

New §344.680 modifies and republishes information currently found in §344.680. The new section requires departments to keep documentation of training received. Changes in the new section include: 1) specifying that documentation of training used for certification (rather than all training received) must be maintained at a minimum until the end of the current certification period plus two years; 2) specifying that training curricula are included as a type of training documentation; and 3) clarifying that a department or facility must submit training records to another department or facility upon request if an officer obtains concurrent employment at the other department or facility.

New §344.700 modifies and republishes information currently found in §344.700. The new section requires officers to pass a certification exam to be eligible for certification. Changes in the new section include: 1) removing references to a certification exam for youth activities supervisors; 2) specifying that the department or facility that employs the individual taking the exam must either pay any required exam fee or require the individual to pay the fee; 3) adding that a score of 70% is required to pass the exam; 4) adding that individuals are allowed three attempts to pass the exam and that if an individual has not passed the exam on the third attempt, he or she may not take the exam again until 180 days have elapsed and he or she has repeated training in all mandatory exam topics; 5) adding that individuals who are dismissed from the exam for cheating or otherwise failing to follow exam rules are not eligible to take the exam again; 6) adding a requirement for departments or facilities to notify TJJD within one day after an individual is dismissed from an exam for cheating or not following exam rules; 7) removing references to the process for dissemination of exam scores; 8) removing references to TJJD's responsibilities for retention of exam scores; 9) changing the dates on which the requirement to pass the exam takes effect (the exam for juvenile probation officers will be required for individuals who began employment on or after 9/1/16 and the exam for juvenile supervision officers will be required for individuals who begin employment on or after 9/1/17); 10) adding an exemption from the requirement to pass the exam for individuals whose certifications have expired if less than six months has elapsed between the date of expiration and the date the individual submits an application for the same certification; and 11) adding a requirement for departments and facilities that proctor the certification exam to ensure the proctor complies with TJJD's proctoring agreement.

New §344.800 modifies and republishes certain information currently found in §344.800. The new section lists the individuals who must maintain a certification issued by TJJD. Changes in the new section include: 1) adding that an individual who is employed by a juvenile justice program and whose position may require supervising juveniles in a non-secure setting within a juvenile justice program must maintain an active certification as a community activities officer unless the individual holds another TJJD certification or is providing professional services; 2) removing the requirement that any individual, other than a certified physical education teacher, must be certified as a juvenile supervision officer if the individual participates in administering intensive physical activity in a juvenile justice alternative education program (such individuals will now generally be required to maintain certification as community activities officers); 3) adding that any staff member whose position may require temporarily performing the duties of a juvenile probation officer must maintain an active certification as a juvenile probation officer; 4) adding that any staff member whose position may require temporarily performing the duties of a juvenile supervision officer must maintain an active certification as a juvenile supervision officer; 5) clarifying that supervisors in the direct chain of supervision over juvenile supervision officers must be certified as a juvenile supervision officer and/or a juvenile probation officer; and 6) adding that supervisors in the direct chain of supervision over community activities officers must be certified as a juvenile probation officer, juvenile supervision officer, and/or community activities officer.

New §344.802 modifies and republishes certain information currently found in §344.800. The new section lists the individuals who may maintain a certification issued by TJJD, although it is not required. Changes in the new section include: 1) clarifying that TJJD's optional certifications are available only to individuals who meet the criteria for one of TJJD's three certifications; and 2) removing staff responsible for supervising youth in a juvenile justice alternative education program from the list of optional certifications. Such staff will now be required to maintain a certification, as established by §344.800.

New §344.804 modifies and republishes certain information currently found in §344.800. The new section establishes circumstances under which a person may hold more than one TJJD certification. Changes in the new section include: 1) clarifying that individuals may hold more than one certification only if their job duties are consistent with all certifications held; 2) adding that an individual may not hold an active certification as a juvenile supervision officer and as a community activities officer unless the individual is concurrently employed by more than one department or facility; and 3) adding that training received may be used for credit toward more than one type of certification if is relevant to each certification.

New §344.850 modifies and republishes information currently found in §344.850. The new section requires certified officers to remain employed with a governmental unit or a private provider under contract with a governmental unit in order to maintain an active certification. Changes in the new section include clarifying that an individual must also remain employed in a position eligible for certification to maintain an active certification.

New §344.860 modifies and republishes information currently found in §344.860. The new section explains the requirements for submitting an application for initial certification. Changes in the new section include: 1) removing the requirements for certain specified individuals to review, approve, and/or submit each application; 2) adding that if an individual's application has not been submitted within the required time frame, he or she may not perform the duties of a certified officer or count toward any staff-to-juvenile ratios until the application has been approved by TJJD; 3) clarifying that part-time staff are allowed (rather than may be allowed) an additional 90 days to complete the required training; 4) adding that an application must include verification that the applicant currently meets the criminal history standards in this chapter; 5) deleting the requirement that the criminal history check must have been completed within 180 days prior to submission of the application; 6) adding that when a department or facility fails to respond within 14 calendar days to TJJD's request for additional information for an application, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio; and 7) clarifying that when TJJD denies an application because TJJD has decided a certification will not be granted, the individual may not be employed in any position requiring certification.

New §344.862 establishes the length of a certification period. The new section also explains that certifications that are not renewed by the deadline will expire.

New §344.864 modifies and republishes certain information currently found in §344.860. The new section explains the requirements for submitting an application for certification renewal. Changes in the new section include: 1) adding that renewal applications must be submitted before the end of an officer's certification period; 2) adding that renewal applications may not be submitted earlier than 30 days before the end of an officer's certification period; 3) adding that an officer's certification expires if a renewal application is not submitted before the end of the certification period plus any applicable grace period or extension; 4) adding that when a department or facility fails to respond within 14 calendar days to TJJD's request for additional information for an application, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio; 5) adding that a renewal application must include verification that the applicant currently meets the criminal history standards in this chapter; 6) deleting the requirement that the criminal history check must have been completed within 180 days prior to submission of the application; and 7) adding that when TJJD denies a renewal application because TJJD has decided a certification renewal will not be granted, the individual may not be employed in any position requiring certification and may not perform the duties of a certified officer.

New §344.866 modifies and republishes information currently found in §344.840. The new section explains the various statuses of TJJD-issued certifications. Changes in the new section include: 1) changing the definition of inactive to mean that an officer's certification has not expired, but the officer is ineligible to perform the duties of a certified officer because the officer is no longer employed in a position that either requires or is eligible for certification, the officer has been convicted of a disqualifying criminal offense, or the officer's application is determined by TJJD to contain deliberately false or misleading information; 2) adding a status for expired, which means that an application to renew or reactivate a certification has not been submitted before the end of the grace period or any applicable extension; 3) deleting the provisional status (provisional status allows an extra 180 days to evaluate or verify an individual's education credentials); 4) clarifying that the suspended status results in the officer no longer being eligible for employment in a position requiring certification; 5) removing a statement that indicated the end date of suspensions is determined in a disciplinary hearing; 6) clarifying that the revoked status results in the officer not being eligible for any future certification; and 7) adding a status for a voluntarily relinquished certification.

New §344.868 establishes that all inactive certifications will expire on the date this section takes effect if the deadline for submitting a renewal application has already passed.

New §344.870 modifies and republishes information currently found in §344.870. The new section allows TJJD to grant extensions of the deadline for submitting renewal applications. Changes in the new section include: 1) removing the requirement for TJJD to grant extensions of the renewal deadline in increments up to 90 days; and 2) clarifying that the result of not satisfying all requirements necessary to maintain an active certification by the end of the extension period is that the certification expires.

New §344.874 modifies and republishes information currently found in §344.890. The new section addresses requirements for notifying TJJD when certain staff members separate from employment or transfer to positions not eligible for certification. Changes in the new section include: 1) adding that the department or facility must notify TJJD if a certified officer transfers to a position that does not require certification and that is not eligible for certification; 2) changing the deadline for notifying TJJD of separations and transfers from 10 working days to 10 calendar days; and 3) adding that the department or facility must notify TJJD as soon as possible but no later than one business day after an individual who is an authorized user of any TJJD web-based computer application separates from employment.

New §344.876 requires departments and facilities to ensure TJJD's certification system reflects the last known address of each certified officer employed by the department or facility.

New §344.878 requires a certified officer who separated from employment with a department or facility to notify TJJD's certification office of all address changes occurring after separation of employment until the certification expires or is reactivated, revoked, or voluntarily relinquished.

New §344.880 modifies and republishes information currently found in §344.880. The new section requires departments and facilities to request TJJD to transfer or reactivate the certification record when an officer returns from inactive or expired status or obtains concurrent employment. Changes in the new section include: 1) adding that departments and facilities must request TJJD to restore an individual's certification record if the individual has an expired certification and is hired into a position requiring certification; 2) adding that an application for a new certification must be submitted when an individual with an expired certification has his or her record restored; 3) adding that an individual whose expired certification record is restored must complete all training requirements of this chapter; 4) adding that training received during the entire previous certification period may be used on the application if a certification was expired for less than six months; 5) adding that training received within the previous 18 months may be used on the application if a certification was expired for six months or more; 6) adding that an individual with an expired certification as a juvenile probation officer or juvenile supervision officer must pass the certification exam if he or she applies for the same type of certification six months or more after his or her certification expired; 7) clarifying that an officer with a reactivated certification may count all training received during the current certification period to meet continuing education requirements; and 8) clarifying that an officer with a reactivated certification must complete all required continuing education hours within the current certification period (rather than within 180 days after employment).

New §344.884 allows a certified officer to submit a request to TJJD to voluntarily relinquish a certification. The new section establishes that TJJD will decide whether to accept or deny the request and will also determine whether an individual who has relinquished his/her certification will be eligible for future certification.

FISCAL NOTE

Mike Meyer, Chief Financial Officer, 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 as a result of enforcing or administering the sections.

Provisions related to training and certification requirements may incur a marginal cost to local governments. However, insufficient data exist to effectively estimate that impact, and flexibility within the new rules would provide local governments with options to offset and minimize costs incurred. As a result, Mr. Meyer has determined that that for each year of the first five years the new sections are in effect, there will no significant fiscal impact for local governments.

PUBLIC BENEFIT/COSTS

Kristy Almager, Director of the Juvenile Justice Training Academy, 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 youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

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

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

37 TAC §344.100, §344.110

STATUTORY AUTHORITY

The new sections are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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. The new sections are also proposed under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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

§344.100.Definitions.

When used in this chapter, the following words and terms have the following meanings unless the context clearly indicates otherwise.

(1) Certification Exam--An exam required by TJJD that is given to individuals hired as a juvenile probation officer or juvenile supervision officer that tests the individual's competency in certain topics.

(2) Certification Period--The 24-month period that starts on the first day of the month following the officer's birth month and ends on the last day of the officer's birth month. The first certification period also includes the time between the date of certification and the officer's next birth month. For example: An officer's birth date is June 5. The officer receives initial certification on August 10, 2018. The first certification period starts on August 10, 2018, and ends on June 30, 2021. The second certification period starts on July 1, 2021, and ends on June 30, 2023.

(3) Certified Officer (Officer)--A juvenile probation officer, juvenile supervision officer, or community activities officer who is currently certified by TJJD.

(4) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for the oversight of the day-to-day operations of a single juvenile probation department for a county or a multi-county judicial district.

(5) Community Activities Officer--Regardless of title, an individual other than a juvenile probation officer or juvenile supervision officer whose position may require supervising juveniles in a non-secure setting within a juvenile justice program.

(6) Continuing Education--Courses, programs, or organized learning experiences required to maintain certification and to enhance personal or professional goals.

(7) Conviction--Any conviction or deferred adjudication for criminal conduct. A conviction does not include a juvenile adjudication.

(8) Direct, Unsupervised Access--The ability to physically interact with juveniles in a juvenile justice program or facility without the accompanying physical presence of or constant visual monitoring by a certified officer or other authorized employee of the program or facility. For purposes of this chapter, direct, unsupervised access does not include interactions that are incidental and momentary.

(9) Facility Administrator--An individual designated by the chief administrative officer or governing board of a juvenile justice facility as the on-site program director or superintendent of a juvenile justice facility.

(10) Grace Period--The one-month period following the end of an officer's certification period.

(11) Juvenile Justice Facility ("facility")--A facility that serves juveniles under juvenile court jurisdiction and that is operated solely or partly by or under the authority of the governing board or juvenile board or by a private vendor under a contract with the governing board, juvenile board, or governmental unit. The term includes:

(A) a public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover), required to be certified in accordance with Texas Family Code §51.12;

(B) a public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125; and

(C) a public or private non-secure correctional facility required to be certified in accordance with Texas Family Code §51.126.

(12) Juvenile Justice Program ("program")--A program or department that:

(A) serves juveniles under juvenile court or juvenile board jurisdiction; and

(B) is operated solely or partly by the governing board, juvenile board, or by a private vendor under a contract with the governing board or juvenile board. The term includes:

(i) juvenile justice alternative education programs;

(ii) non-residential programs that serve juvenile offenders under the jurisdiction of the juvenile court or the juvenile board; and

(iii) juvenile probation departments.

(13) Juvenile Probation Department ("department")--A governmental unit established under the authority of a juvenile board to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of the Texas Family Code and Chapter 221 of the Texas Human Resources Code.

(14) Juvenile Probation Officer--An individual whose primary responsibility and essential job function is to provide juvenile probation services and supervision duties authorized under statutory and administrative law that can be performed only by a certified juvenile probation officer.

(15) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a:

(A) juvenile justice facility; or

(B) juvenile justice alternative education program operated by a department that also operates a juvenile justice facility.

(16) Professional--The following persons are considered professionals for purposes of this chapter:

(A) teachers certified as educators by the State Board for Educator Certification, including teachers certified by the State Board for Educator Certification with provisional or emergency certifications;

(B) educational aides or paraprofessionals certified by the State Board for Educator Certification;

(C) health-care professionals licensed or certified under the following chapters of the Texas Occupations Code:

(i) Chapter 301 (nurses);

(ii) Chapter 155 (physicians);

(iii) Chapter 204 (physician assistants);

(iv) Chapter 256, Subchapter A (dentists); or

(v) Chapter 401 (speech-language pathologists and audiologists);

(D) mental health providers, as defined in Chapter 343 of this title;

(E) qualified mental health professionals, as defined in Chapter 343 of this title; and

(F) commissioned law enforcement personnel.

§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.

(c) Applicability.

(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.

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 May 8, 2017.

TRD-201701858

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT

37 TAC §§344.200, 344.202, 344.204, 344.206, 344.208, 344.210, 344.212, 344.220, 344.230

STATUTORY AUTHORITY

The new sections are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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. The new sections are also proposed under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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 individual must:

(1) be at least 21 years of age;

(2) be of good moral character;

(3) have no disqualifying criminal history as described in this chapter;

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

(5) possess the work experience required in §344.210 of this title or graduate study required in §344.204 of this title;

(6) never have had any type of certification revoked by TJJD;

(7) complete the training required by this chapter; and

(8) pass the certification exam as required by §344.700 of this title.

(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;

(3) have no disqualifying criminal history as described in this chapter;

(4) have acquired a high school diploma or its equivalent as specified in §344.204 of this title;

(5) never have had any type of certification revoked by TJJD;

(6) complete the training required by this chapter; and

(7) pass the certification exam as required by §344.700 of this title.

(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;

(3) have no disqualifying criminal history as described in this chapter;

(4) have acquired a high school diploma or its equivalent as specified in §344.204 of this title;

(5) never have had any type of certification revoked by TJJD; and

(6) 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;

(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.

(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) To be eligible for certification as a juvenile supervision officer or community activities officer, an individual must meet one of the following educational requirements:

(A) a diploma from a high school accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense. TJJD considers the following entities as generally recognized accrediting organizations:

(i) the Texas Education Agency or the equivalent agency in another state;

(ii) an entity approved by the Texas Private School Accreditation Commission; and

(iii) regional accreditation organizations such as:

(I) Middle States Association of Colleges and Schools;

(II) New England Association of Schools and Colleges;

(III) North Central Association of Colleges and Schools;

(IV) Northwest Accreditation Commission;

(V) Southern Association of Colleges and Schools; and

(VI) Western Association of Schools and Colleges;

(B) a high school equivalency certificate (e.g., GED) issued by the Texas Education Agency or equivalent agency in another state;

(C) a diploma or certificate of completion issued in a homeschool setting;

(D) a United States military record that indicates the education level received is equivalent to a United States high school diploma or high school equivalency certificate;

(E) a foreign high school diploma that meets the validation requirements established in §344.206 of this 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 subsection (b)(1)(A) of this section 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.

§344.206.Validation Requirements for Foreign Diplomas.

(a) A high school diploma issued by a foreign high school that does not meet the accreditation requirement in §344.204(b)(1) of this title must be accompanied by an evaluation of the diploma verifying that the high school education received is the substantial equivalent of a high school education received in the United States.

(b) The evaluation must be performed by an evaluation service that is a member of the National Association of Credential Evaluation Services.

(c) The department or facility may not accept the results of the evaluation unless the results are sent directly to the department or facility.

(d) The department or facility may require the individual who is seeking employment to initiate the evaluation and pay any required fees.

§344.208.Persons Not Subject to Minimum Educational Requirements.

Individuals employed as juvenile probation officers prior to September 1, 1981, and who have maintained continuous employment as a juvenile probation officer since that date are not subject to the minimum educational requirements set forth in Texas Human Resources Code §222.001 and in this chapter. A juvenile probation officer who experiences an interruption or lapse of employment as a juvenile probation officer must meet all current applicable employment, certification, and training requirements.

§344.210.Work Experience.

(a) To be eligible for certification as a juvenile probation officer, an individual who does not meet the graduate study requirement in §344.204 of this title must have one year of experience in full-time paid and/or full-time unpaid case work, counseling, community, or group work:

(1) in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons; and

(2) that provides the kind of experience necessary to meet this requirement, as determined by TJJD.

(b) To meet the requirement for one year of full-time experience as required by this section, an individual must have worked at least 1,500 hours in one or more positions described by subsection (a) of this section in twelve months, which may or may not be consecutive months. Prior to hiring the individual, the department or facility must conduct and document a reference check to verify the dates of employment or volunteer service, the position held, and the total number of hours worked.

§344.212.Verification of Education Requirements.

A department or facility must require an applicant for a position requiring certification to provide the department or facility with official documentation that verifies the applicant meets the educational requirements for certification.

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

(a) A department or facility may request an exemption from the requirement for one year of graduate study in §344.204 of this title or one year of full-time work experience in §344.210 of this title if the department or facility uses TJJD's certification system to:

(1) submit the exemption request; and

(2) document that diligent efforts were made to employ an individual who meets the graduate study or work experience requirement.

(b) Posting the position in a minimum of two job posting sources for a minimum of 20 calendar days is considered to meet the diligent-effort requirement in subsection (a)(2) of this section.

(c) The department or facility may not hire the individual as a juvenile probation officer without written verification that TJJD has approved the exemption request.

(d) The exemption process described in this standard does not apply to appointment as a facility administrator or a chief juvenile probation officer.

§344.230.Persons Who May Not Act as a Chief Administrative Officer, Facility Administrator, Juvenile Probation Officer, Juvenile Supervision Officer, or Community Activities Officer.

Pursuant to Section 222.004, Texas Human Resources Code, a peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as a chief administrative officer, facility administrator, juvenile probation officer, juvenile supervision officer, or community activities officer or be made responsible for supervising a juvenile on probation.

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 May 8, 2017.

TRD-201701859

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER C. CRIMINAL HISTORY AND BACKGROUND CHECKS

37 TAC §§344.300, 344.302, 344.312, 344.320, 344.330, 344.350

STATUTORY AUTHORITY

The new sections are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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. The new sections are also proposed under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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

§344.300.Criminal History Checks.

(a) Department or facility policy must prohibit direct, unsupervised access to juveniles in a juvenile justice program or facility by any person with a disqualifying criminal history as described in §344.400 of this title.

(b) A criminal history check as described in this section must be conducted for:

(1) an individual in a position requiring certification; and

(2) an individual who may have direct, unsupervised access to juveniles in a juvenile justice facility or program and who is:

(A) an employee in a position not requiring certification;

(B) a volunteer;

(C) an intern; or

(D) an individual who provides goods or services under contract, except as provided in subsection (c) of this section.

(c) A criminal history check as specified in this section is not required for employees of a public school district who:

(1) provide services in a juvenile justice facility or program; and

(2) have completed all criminal history checks required by the Texas Education Agency.

(d) Before any individual listed in subsection (b) of this section begins employment or service provision:

(1) the department or facility must ensure the individual has electronically submitted fingerprints using Fingerprint Applicant Services of Texas (FAST) and verify that the department is able to subscribe to the individual's Fingerprint-Based Applicant Clearinghouse of Texas (FACT) record;

(2) the department must subscribe to that individual's record in FACT; and

(3) the department must use the information in FACT to determine if the individual has a disqualifying criminal history as specified in §344.400 of this title.

(e) The department must maintain a FACT subscription for each individual in a position requiring a criminal history check for as long as the individual remains in such a position. This requirement applies regardless of the date employment or service provision began.

(f) The requirements of this section do not apply to the juvenile's attorney, family members, managing conservator, guardians, or other individuals listed as a juvenile's approved visitors.

§344.302.Military History Checks.

(a) If an individual who is subject to a criminal history check has prior military experience, the department or facility must review the applicant's most recent separation or discharge documents.

(b) In the event separation or discharge documents reflect character of service that is anything other than "honorable discharge" or "honorably discharged," the department or facility must:

(1) attempt to obtain authorization from the applicant for the release of information; and

(2) request additional information from the appropriate governmental entity to determine whether the reason for discharge was the result of disqualifying criminal conduct.

(c) Before an individual with prior military history begins employment or service provision, the department or facility must use the information described in subsections (a) and (b) of this section to determine if the individual has a disqualifying criminal history as specified in §344.400 of this title.

(d) The department or facility must review the most recent separation or discharge documents as described in subsections (a) and (b) of this section when a currently employed certified officer returns from a period of active duty or is discharged from military service.

§344.312.Criminal History Checks for Employees of Licensed Facilities or Programs.

(a) Employees of facilities or programs that are licensed by the Texas Department of Family and Protective Services, the Texas Health and Human Services Commission, their successor agencies, or the equivalent agencies in other states are exempt from the requirements of §344.300 and §344.302 of this title. However, the chief administrative officer or designee must obtain documentation confirming that the license of the facility or program is in good standing with the licensing entity.

(b) For purposes of this section, the term license includes a permit, certificate, approval, registration, or other form of permission required by law.

§344.320.Criminal History Checks for Position and Departmental Transfers.

(a) The employing department or facility must complete a criminal history check in accordance with §344.300 and §344.302 of this title when:

(1) an individual who was not previously certified accepts a position requiring certification; or

(2) a certified officer employed by a department or facility accepts simultaneous or subsequent employment at a department or facility operated by or under contract with a different juvenile board.

(b) For individuals with a record in the Fingerprint-Based Applicant Clearinghouse of Texas (FACT), the searches may be conducted using the existing fingerprints.

§344.330.Criminal History Checks for Employees of Private Juvenile Justice Facilities.

The following provisions apply when a private juvenile justice facility is operating under contract with a governmental entity as required by Texas Family Code §51.12.

(1) The juvenile probation department serving the county where the private facility is located is responsible for performing the checks and subscribing to the Fingerprint-Based Applicant Clearinghouse of Texas (FACT) as required under §344.300 of this title for the private facility.

(2) The department and the private facility must have a written agreement that:

(A) authorizes the private facility to have access to information resulting from the criminal history checks;

(B) limits the private facility's use of the information to the purpose for which it is given;

(C) requires the private facility to ensure the confidentiality of the information; and

(D) provides for sanctions if the private facility violates a requirement in subparagraphs (B) or (C) of this paragraph.

(3) The private facility must provide the following information to the department in writing:

(A) identifying information necessary for the department to conduct the criminal history checks as required by this chapter; and

(B) notification within 10 calendar days after an individual subject to criminal history checks separates from employment, ceases to provide services, or transfers out of a position that requires criminal history checks.

(4) The chief administrative officer or designee of the juvenile probation department serving the county where the private facility is located must notify the private facility in writing of the results of each initial criminal history check and each check required for renewal of certification.

(5) The department must immediately notify the private facility administrator in writing if the department receives a FACT alert regarding an arrest, conviction, or deferred adjudication for a disqualifying offense for an individual who is employed by or provides services at the private facility.

§344.350.Background Checks.

(a) Before making an offer of employment for a position eligible for certification under this chapter, a department or facility must verify that the applicant:

(1) has not been designated as ineligible for certification by TJJD;

(2) has not had his/her certification revoked;

(3) is not currently under an order of active suspension issued by TJJD; and

(4) is not currently ineligible to take the certification exam due to repeated failures to pass the exam as described in §344.700 of this title.

(b) The verification must be completed using TJJD's certification 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 May 8, 2017.

TRD-201701860

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. DISQUALIFYING CRIMINAL HISTORY

37 TAC §344.400, §344.410

STATUTORY AUTHORITY

The new sections are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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. The new sections are also proposed under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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

§344.400.Disqualifying Criminal History.

(a) Applicants for Certification. An individual with the following criminal history is not eligible for initial certification or initial employment in a position requiring certification:

(1) deferred adjudication or conviction for a felony listed in Texas Code of Criminal Procedure Article 42A.054 (formerly known as "3(g) offenses" under Article 42.12) or a substantially equivalent violation against the laws of another state or the United States, regardless of the date of disposition;

(2) deferred adjudication or conviction for a felony other than those referenced in subsection (a)(1) of this section or a substantially equivalent violation against the laws of another state or the United States within the past 10 years;

(3) deferred adjudication or conviction for any Class A or B misdemeanor in Texas or a substantially equivalent violation against the laws of another state or the United States within the past five years; or

(4) current requirement to register as a sex offender under Texas Code of Criminal Procedure Chapter 62.

(b) Individuals Employed in a Position Requiring Certification. An individual with the criminal history described in subsection (a) of this section is not eligible for continued employment in a position requiring certification unless a variance has been granted in accordance with §344.410 of this title.

(c) Other Individuals Subject to Criminal Background Checks. An individual with the criminal history described in subsection (a) of this section is not eligible to serve in a position listed in §344.300(b)(2) of this title unless an exemption has been granted in accordance with §344.410 of this title.

(d) General Provisions.

(1) The date of conviction or order of deferred adjudication is used to determine when applicable time periods expire.

(2) Regardless of the time periods set forth in subsection (a) of this section, at least one year must have elapsed since the completion of any period of incarceration, community supervision, or parole.

(3) If a department receives notification of an arrest for potentially disqualifying criminal conduct of a person hired in the capacity of a certified officer, the department must notify TJJD's certification office in writing of the alleged offense no later than 10 calendar days after receiving notice of the arrest.

(4) If a department receives notification of a conviction for disqualifying criminal conduct of a person hired in the capacity of a certified officer, the department must notify TJJD's certification office in writing of the offense no later than 10 calendar days after receiving notice of the conviction.

(5) Subsection (a)(1) of this section does not apply to officers certified before the effective date of this section unless the certification expires.

(6) Subsection (a)(1) of this section does not apply to individuals in a position listed in §344.300(b)(2) of this title who began service provision before the effective date of this section with no break in service after that date.

(7) Any conviction occurring before January 1, 2010, will not disqualify an individual in a position listed in §344.300(b)(2) of this title who began employment or service provision before January 1, 2010, with no break in service after that date.

(8) Any felony conviction, felony deferred prosecution, felony deferred adjudication, misdemeanor conviction, misdemeanor deferred prosecution, or misdemeanor deferred adjudication occurring before September 1, 2003, will not disqualify a certified officer who held an active certification on September 1, 2003.

§344.410.Exemption or Variance for Disqualifying Criminal History.

(a) In accordance with §349.200 of this title, the juvenile board may request a variance to §344.400(b) of this title. Such a variance may not be requested for a felony or Class A misdemeanor conviction or deferred adjudication.

(b) The juvenile board may grant an exemption to §344.400(c) of this title for individuals described in §344.300(b)(2) of this title whose criminal history report reflects a Class B misdemeanor conviction or deferred adjudication. Exemptions may be granted only on a case-by-case basis. The justification for the exemption must be documented.

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 May 8, 2017.

TRD-201701861

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER E. TRAINING AND CONTINUING EDUCATION

37 TAC §§344.600, 344.610, 344.620, 344.622, 344.624, 344.626, 344.630, 344.640, 344.660, 344.670, 344.680

STATUTORY AUTHORITY

The new sections are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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. The new sections are also proposed under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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

§344.600.Training Hours Required for Certification.

(a) To be eligible for certification, an individual must have received the following number of training hours:

(1) a minimum of 80 hours of training, including training in topics described in §344.620 of this title, for certification as a juvenile probation officer;

(2) a minimum of 80 hours of training, including training in topics described in §344.622 and §344.624 of this title, for certification as a juvenile supervision officer; or

(3) a minimum of 40 hours of training, including training in topics described in §344.626 of this title, for certification as a community activities officer.

(b) To be eligible for credit, training must have been received within 18 months prior to the date the application for certification is submitted to TJJD.

§344.610.Relevance of Training and Standardized Curriculum.

(a) Training must be relevant to the knowledge and skills required in the performance of the officer's job duties to qualify for certification or continuing education credit.

(b) Training in the mandatory exam topics listed in §344.620 and §344.622 of this title must be conducted by training providers who:

(1) have successfully completed TJJD-sponsored training for trainers in the curriculum; or

(2) are qualified by relevant knowledge, education, and/or experience to train the topic.

(c) The standardized curriculum provided by TJJD must be used in the provision of training on the mandatory exam topics listed in §344.620 and §344.622 of this title.

(d) TJJD may refuse to grant credit for training hours that do not comply with this section.

§344.620.Mandatory Training Topics for Certification Exam for Juvenile Probation Officers.

(a) Successful completion of the certification exam is required prior to performing the duties of a certified juvenile probation officer.

(b) The certification exam for juvenile probation officers is based on the following mandatory training topics:

(1) role of the probation officer;

(2) risk and needs assessment, case planning, and case management;

(3) recognizing and supervising youth with mental health issues;

(4) officer safety and mechanical restraints;

(5) Texas Family Code Title 3 (Juvenile Justice Code) and related laws;

(6) legal liabilities;

(7) dispositional recommendations and courtroom proceedings;

(8) TJJD code of ethics and TJJD disciplinary procedures;

(9) preventing, identifying, and reporting abuse, neglect, and exploitation;

(10) purpose and goals of the Prison Rape Elimination Act;

(11) suicide prevention and intervention;

(12) trauma-informed care;

(13) adolescent development and behavior; and

(14) cultural competency.

§344.622.Mandatory Training Topics for Certification Exam for Juvenile Supervision Officers.

(a) In addition to the training requirements listed in §344.624 of this title, successful completion of the certification exam is required before a juvenile supervision officer may provide supervision of juveniles and count in any staff-to-juvenile ratio.

(b) The certification exam for juvenile supervision officers is based on the following mandatory training topics:

(1) juvenile rights;

(2) Texas Family Code Title 3 (Juvenile Justice Code) and related laws;

(3) preventing, identifying, and reporting abuse, neglect, and exploitation;

(4) purpose and goals of the Prison Rape Elimination Act;

(5) suicide prevention and intervention;

(6) legal liabilities;

(7) recognizing and supervising youth with mental health issues;

(8) adolescent development and behavior;

(9) HIV/AIDS and other communicable diseases;

(10) TJJD code of ethics and TJJD disciplinary procedures;

(11) trauma-informed care; and

(12) cultural competency.

§344.624.Additional Training Requirements for Certification as a Juvenile Supervision Officer.

To be eligible for certification, juvenile supervision officers must:

(1) receive training and maintain current certification in the following areas:

(A) cardiopulmonary resuscitation (CPR);

(B) first aid; and

(C) the personal restraint technique used by the department or facility; and

(2) receive training in each of the following topics as it relates to the duties of a juvenile supervision officer:

(A) suicide prevention policies, including the suicide prevention plan in residential facilities;

(B) the policies of the facility or program related to preventing, identifying, and reporting abuse, neglect, and exploitation;

(C) verbal de-escalation policies, procedures, and practices;

(D) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use;

(E) resident supervision, including juvenile behavior observation and documentation requirements;

(F) behavior management, including the juvenile discipline plan and safety-based seclusion;

(G) resident-initiated separation;

(H) facility safety and security policies;

(I) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;

(J) fire safety plan, including fire drill procedures;

(K) non-fire emergency and evacuation procedures;

(L) recognizing and responding to mental health needs of juveniles;

(M) juvenile grievance procedures;

(N) confidentiality of juvenile information;

(O) transportation of juveniles; and

(P) searches of juveniles.

§344.626.Required Training Topics for Community Activities Officers.

To be eligible for certification, community activities officers must:

(1) receive training and maintain current certification in:

(A) cardiopulmonary resuscitation (CPR);

(B) first aid; and

(C) the personal restraint technique used by the department, if the department authorizes community activities officers to use personal restraints; and

(2) receive training in the following topics:

(A) the policies of the department related to preventing, identifying, and reporting abuse, neglect, and exploitation;

(B) TJJD code of ethics and TJJD disciplinary procedures;

(C) trauma-informed care;

(D) verbal de-escalation policies, procedures, and practices; and

(E) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use.

§344.630.On-the-Job Training.

(a) To be eligible for credit toward initial certification and renewal of certification, documentation of an on-the-job training program must include the following elements, at a minimum:

(1) name and signature of the trainee;

(2) name and signature of the trainer(s);

(3) signature of the supervisor/administrator;

(4) training topics;

(5) number of training hours for each topic; and

(6) dates the topics were explained to the trainee, practiced by the trainee, and demonstrated by the trainee.

(b) Staff members who provide on-the-job training must be qualified to do so based on knowledge, education, and/or experience.

(c) For juvenile probation officers and juvenile supervision officers, a maximum of 40 hours of on-the-job training may be used to meet the initial certification or continuing education requirement in a certification period.

(d) For community activities officers, a maximum of 20 hours of on-the-job training may be used to meet the initial certification or continuing education requirement in a certification period.

§344.640.Continuing Education Requirements for Maintaining Certification.

(a) To maintain an active certification:

(1) a juvenile probation officer must complete 60 hours of continuing education within the certification period;

(2) a juvenile supervision officer must complete 80 hours of continuing education within the certification period; and

(3) a community activities officer must complete 40 hours of continuing education within the certification period.

(b) For juvenile supervision officers, continuing education received during each certification period must include:

(1) suicide prevention policies, including the suicide prevention plan in residential facilities;

(2) training necessary to maintain current certification in CPR, first aid, and the approved personal restraint technique;

(3) preventing, identifying, and reporting abuse, neglect, and exploitation;

(4) verbal de-escalation policies, procedures, and practices; and

(5) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use.

(c) For community activities officers, continuing education received during each certification period must include:

(1) training necessary to maintain current certification in CPR and first aid;

(2) training necessary to maintain current certification in the department's personal restraint technique, if the department authorizes community activities officers to use personal restraints;

(3) preventing, identifying, and reporting abuse, neglect, and exploitation;

(4) verbal de-escalation policies, procedures, and practices; and

(5) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use.

(d) For chief administrative officers and facility administrators, continuing education must include a minimum of 20 hours of management topics. This requirement does not apply to the certification period during which an individual is appointed as a chief administrative officer or facility administrator.

(e) A maximum of 20 hours of continuing education that exceeds the minimum requirement in a certification period may be applied to the next certification period.

(f) Documentation of the required continuing education must be submitted to TJJD through TJJD's certification system no later than the last day of the certification period.

(g) Requirements in subsection (a) of this section also apply in cases in which an officer's certification becomes inactive but is later reactivated within the same certification period.

§344.660.Approval and Review of Training and Continuing Education.

(a) To be eligible for credit, training or continuing education must be:

(1) relevant, which means it is related to job responsibilities, the field of juvenile justice, or fields of study approved by TJJD;

(2) organized, which means it is based on documentation that includes specified learning objectives, training methods, and evaluation techniques; and

(3) planned, which means it is scheduled and conducted in a predetermined location.

(b) To be eligible for credit, training or continuing education provided by the department or facility must:

(1) meet the criteria in subsection (a) of this section; and

(2) be evaluated, which means participants are provided an opportunity to provide written feedback and/or participants are tested (written or demonstrated) to measure the transfer of knowledge.

(c) TJJD may, on a case-by-case basis, approve events for credit that do not meet the requirements in subsection (a) or (b) of this section.

(d) Training and continuing education topics must be approved by TJJD in order to count toward the requirements of this chapter. A department or facility may request advance approval of a training or continuing education topic by contacting the TJJD certification office.

(e) A department or facility may request a review of TJJD's decision not to approve a topic. In support of the request, the department or facility must describe how the topic relates to the job duties and responsibilities of the officer. TJJD may request additional documentation to evaluate the appropriateness of the topic.

§344.670.Training Methods and Limitations.

(a) Limitations on Topics.

(1) Repetitive Training.

(A) Credit will not be granted more than twice in a certification period for training that is duplicative in nature, except as noted in subparagraph (B) of this paragraph.

(B) If an officer is concurrently employed by more than one department or facility or has transferred to a new department or facility within a certification period, credit for a training topic may be granted up to four times in a certification period.

(2) Review of Policy and Procedure. A review of the policies and procedures of the department or facility is not eligible for credit unless documentation reflects that the review meets the requirements in §344.660(a) of this title.

(3) Meetings/Staff Meetings. Meetings are not considered a training activity unless supporting documentation indicates that all or part of the meeting meets the requirements in §344.660(a) of this title. If only a portion of the meeting meets the requirements in §344.660(a) of this title, credit may be awarded only for that portion of the meeting.

(4) Review of Employee Benefits. A review of employment-related benefits and plans is not eligible for credit unless:

(A) the officer is a supervisor and the review relates to supervisory duties or is being provided as part of a formal leadership development program; and

(B) the review meets the requirements in §344.660(a) of this title.

(5) Firearms Training. Training required under §341.808 of this title relating to carrying a firearm in the course of an officer's official duties is not eligible for credit toward continuing education requirements in this chapter.

(b) Limitations on Training Methods. The hour limitations in this section apply to training received within a certification period.

(1) Video or Web-Based Training for Juvenile Probation Officers and Juvenile Supervision Officers. For juvenile probation officers and juvenile supervision officers, a maximum of 40 hours of any combination of the following types of training may be eligible for credit:

(A) interactive, web-based training, such as live webinars;

(B) video conferencing; and

(C) pre-recorded training, which may account for no more than 20 hours of the total.

(2) Video or Web-Based Training for Community Activities Officers. For community activities officers, a maximum of 20 hours of any combination of the following types of training may be eligible for credit:

(A) interactive, web-based training, such as live webinars;

(B) video conferencing; and

(C) pre-recorded training, which may account for no more than 10 hours of the total.

(3) College Courses. A maximum of 40 hours may be eligible for credit for successful completion of one or more college courses in topics relevant to the officer's job duties. A course must be provided by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board. TJJD determines on a case-by-case basis whether credit is granted for the course and the number of hours approved for credit.

(c) Limitations on Credit for Development and Delivery of Training.

(1) A training provider may claim a maximum of 20 hours in a certification period for the time spent delivering training. Credit under this subsection is allowed only for the topics listed in §§344.620, 344.622, 344.624, and 344.626 of this title.

(2) An individual who develops training curriculum may claim a maximum of 20 hours in a certification period for the time spent developing the curriculum.

§344.680.Documentation.

(a) Documentation of all training used for certification must be maintained for monitoring purposes until the end of the current certification period plus two years, at a minimum. This retention requirement does not supersede any requirement in any other rule, statute, or local policy that requires a longer retention period.

(b) Documentation may include training curricula, sign-in sheets, agendas, certificates of completion, correspondence from the instructor, registration receipts, and/or exam results.

(c) Upon request, a department or facility must submit training records to a department or facility in which an officer has obtained subsequent or concurrent employment.

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 May 8, 2017.

TRD-201701862

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER F. CERTIFICATION EXAM

37 TAC §344.700

STATUTORY AUTHORITY

The new section is proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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. The new section is also proposed under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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

§344.700.Certification Exam.

(a) To be eligible for certification as a juvenile probation officer or juvenile supervision officer, an individual must pass the certification exam required by TJJD.

(b) Before taking the exam, the individual must complete the training required in §344.620 or §344.622 of this title, as applicable.

(c) The department or facility employing the individual must either pay any required exam fee or require the individual to pay the fee.

(d) A score of 70% or higher is required to pass the exam.

(e) An individual is allowed three attempts to pass the exam, except as provided in subsections (f) and (g) of this section.

(f) An individual who has not passed the exam after three attempts may not take the exam again until:

(1) 180 days have elapsed since the date the individual last took the exam; and

(2) the individual has repeated the training topics required in §344.620 or §344.622 of this title after the date the individual last took the exam. Credit toward certification is granted only for the training hours in those topics that are completed after the date the individual last failed the exam.

(g) An individual who is dismissed from an exam for cheating or otherwise failing to follow exam rules provided by TJJD is not eligible to take the exam again or be certified. If an individual is dismissed for cheating or otherwise failing to follow exam rules provided by TJJD while taking the exam at a department or facility, the department or facility must notify TJJD's certification office in writing within one business day.

(h) Except as provided in subsection (i) of this section, the requirements of this subchapter apply to individuals who:

(1) do not currently hold a certification as a juvenile probation officer and who begin employment as a juvenile probation officer on or after September 1, 2016; or

(2) do not currently hold a certification as a juvenile supervision officer and who begin employment as a juvenile supervision officer on or after September 1, 2017.

(i) This subchapter does not apply to an individual whose certification has expired if less than six months has elapsed between the date of the expiration and the date the individual submits an application for the same certification.

(j) A department or facility that proctors the certification exam must ensure the proctor complies with TJJD's proctoring agreement.

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 May 8, 2017.

TRD-201701867

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER G. CERTIFICATION

37 TAC §§344.800, 344.802, 344.804, 344.850, 344.860, 344.862, 344.864, 344.866, 344.868, 344.870, 344.874, 344.876, 344.878, 344.880, 344.884

STATUTORY AUTHORITY

The new sections are proposed under §221.002(a)(3), Human Resources Code, which requires TJJD 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. The new sections are also proposed under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.

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

§344.800.Positions Requiring Certification.

(a) Chief administrative officers must maintain an active certification as a juvenile probation officer.

(b) Facility administrators must maintain an active certification as a juvenile supervision officer.

(c) Supervisors in the direct chain of supervision over juvenile probation officers must maintain an active certification as a juvenile probation officer.

(d) Supervisors in the direct chain of supervision over juvenile supervision officers must be certified as a juvenile probation officer and/or juvenile supervision officer.

(e) Supervisors in the direct chain of supervision over community activities officers must maintain an active certification as one or more of the following: juvenile probation officer, juvenile supervision officer, or community activities officer.

(f) Juvenile probation officers, including any staff member whose position may require temporarily performing the duties of a juvenile probation officer, must maintain an active certification as a juvenile probation officer.

(g) Juvenile supervision officers, including any staff member whose position may require temporarily performing the duties of a juvenile supervision officer, must maintain an active certification as a juvenile supervision officer.

(h) An individual who is employed by a juvenile justice program and whose position may require supervising juveniles in a non-secure setting within a juvenile justice program must maintain an active certification as a community activities officer, except as noted in subsection (i) of this section.

(i) Juvenile probation officers and juvenile supervision officers, as defined by this chapter, do not require certification as a community activities officer.

(j) Nothing in this chapter is intended to require professionals who are providing services in their professional capacity to obtain certification from TJJD. For purposes of this chapter, providing services in a professional capacity is not considered supervising juveniles.

§344.802.Positions Eligible for Optional Certification.

(a) The following individuals may be certified as a juvenile probation officer, juvenile supervision officer, and/or community activities officer if they meet the criteria for certification:

(1) quality assurance staff; and

(2) trainers of individuals in positions requiring certification.

(b) The individuals listed in subsection (a) of this section are the only individuals other than those listed in §344.800 of this title who may be certified by TJJD.

§344.804.Dual Certification.

(a) Individuals may hold more than one certification by TJJD if they meet all criteria required for each certification and their job duties are consistent with all certifications held, except as noted in subsection (b) of this section.

(b) An individual may not hold an active certification as a juvenile supervision officer and as a community activities officer unless the individually is concurrently employed by more than one department or facility.

(c) Training received may be used for credit toward more than one type of TJJD-issued certification if the topic is relevant to each certification sought or held.

§344.850.Continued Employment in a Position Eligible for Certification.

(a) To maintain an active certification under this chapter, a certified officer must be employed:

(1) by a governmental unit or by a private provider under a contract with a governmental unit; and

(2) in a position eligible for certification.

(b) Upon receiving notification from the employer of the individual's resignation, termination from employment, or transfer into a position not eligible for certification, TJJD places the officer's certification on inactive status.

§344.860.Certification Process.

(a) Submission of Applications. All certification applications must be submitted through TJJD's certification system.

(b) Training Record. The department or facility must use TJJD's certification system to record training received by individuals seeking certification.

(c) Deadline for Submission of Application. The certification application must be submitted to TJJD no more than 180 calendar days after the date of initial employment.

(1) An individual whose application for certification has not been submitted within this time frame:

(A) may not perform the duties of a certified officer;

(B) may not count toward any staff-to-juvenile ratio; and

(C) may begin performing the duties of a certified officer and count toward staff-to-juvenile ratios only after the application has been approved by TJJD.

(2) Part-time staff are allowed an additional 90 days to complete the required training.

(d) Criminal History Checks. A certification application must include verification that the applicant for certification currently meets the criminal history standards set forth in this chapter.

(e) Approval of Applications.

(1) TJJD reviews information contained in an application to determine eligibility for certification.

(2) TJJD may request additional information or documentation when reviewing an application. The department or facility must respond to such requests within 14 calendar days. If the department or facility fails to respond within 14 calendar days, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio.

(f) Denial of Certification. Any individual whose application is denied because TJJD has determined a certification will not be granted may not perform the duties of a certified officer or be employed in any position requiring certification.

§344.862.Expiration of Certification.

(a) Certifications issued by TJJD expire upon failure to submit a renewal application before the end of the certification period plus any applicable grace period or extension.

(b) A certification period is the 24-month period that starts on the first day of the month following the officer's birth month and ends on the last day of the officer's birth month.

(c) The first certification period also includes the time between the date of certification and the officer's next birth month.

(d) The grace period is the one-month period following the end of an officer's certification period.

(e) Extensions may be granted in accordance with §344.870 of this title.

(f) An officer whose certification is expired:

(1) may not perform the duties of a certified officer;

(2) may not count toward any staff-to-juvenile ratio; and

(3) may begin performing the duties of a certified officer and count toward staff-to-juvenile ratios only after a new application for certification has been approved by TJJD.

§344.864.Certification Renewal Process.

(a) Submission of Renewal Applications. All applications for renewal must be submitted through TJJD's certification system.

(b) Training Documentation. The department or facility must use TJJD's certification system to document continuing education received by individuals seeking a certification renewal.

(c) Criminal History Checks. A certification renewal application must include verification that the applicant for certification currently meets the criminal history standards set forth in this chapter.

(d) Deadline for Submission of Renewal Application.

(1) Renewal applications:

(A) must be submitted before the end of an officer's certification period; and

(B) may not be submitted earlier than 30 days before the end of the officer's certification period.

(2) If an application to renew an officer's certification has not been submitted by the end of the officer's certification period plus any applicable grace period or extension, the officer's certification expires.

(e) Approval of Applications.

(1) TJJD reviews information contained in a renewal application to determine whether the officer has met the requirements to be granted a renewed certification.

(2) TJJD may request additional information or documentation when reviewing an application. The department or facility must respond to such requests within 14 calendar days. If the department or facility fails to respond within 14 calendar days, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio.

(f) Denial of Applications. Any individual whose application is denied because TJJD has determined a certification renewal will not be granted may not perform the duties of a certified officer or be employed in any position requiring certification.

§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 title.

§344.868.Change from Inactive to Expired Certification.

An inactive certification will expire on the date this section takes effect if the deadline for submitting an application for certification renewal has passed.

§344.870.Request for Extension of Renewal Deadline.

(a) Upon request, TJJD may grant an extension of the deadline for certification renewal if TJJD determines there is good cause to do so. Examples of good cause may include, but are not limited to, extended periods of absence covered by the Family and Medical Leave Act (FMLA) or workers' compensation laws.

(b) A certified officer on military leave will be granted an extension for an amount of time equal to the period of military leave, up to a maximum of 24 months.

(c) If an officer does not satisfy all requirements necessary to maintain an active certification by the end of the extension period, the officer's certification expires.

§344.874.Separation from Employment and Transfer from a Certified to a Non-Certified Position.

(a) The department or facility must notify TJJD's certification office in writing or through TJJD's certification system within 10 calendar days after any of the following events:

(1) the resignation or termination of a certified officer; and/or

(2) the transfer of a certified officer to a position neither requiring certification nor eligible for certification.

(b) The department or facility must notify TJJD's certification office in writing of the resignation or termination of an individual who was an authorized user of any TJJD web-based computer application as soon as possible but no later than one business day after the individual is separated from employment. Upon receipt of notice, TJJD will remove the separated employee's user authorization.

§344.876.Duty to Keep Certified Officers' Addresses Current.

A department or facility must ensure TJJD's certification system reflects the last known address of each certified officer employed by the department or facility.

§344.878.Duty to Notify TJJD of Address Changes.

A certified officer who separates from employment with a department or facility must notify TJJD's certification office of all address changes occurring after separation from employment until the certification expires or is reactivated, revoked, or voluntarily relinquished.

§344.880.Reactivation, Restoration, or Transfer of Certification Records.

(a) If an individual with an inactive or expired certification is hired in a position requiring certification, the employing department or facility must request through TJJD's certification system that the individual's record be reactivated (if inactive) or restored (if expired). If the individual was most recently employed as a certified officer by a different department or facility, the employing department or facility must also request through TJJD's certification system that the individual's certification record be transferred.

(b) When a certification is reactivated or restored or a record is transferred, all criminal history checks set forth in Subchapter C of this chapter apply. The request for reactivation, restoration, or transfer must include verification that all required criminal history checks have been completed.

(c) When reactivating an inactive certification, the continuing education requirements set forth in §344.640 of this title apply.

(1) All training received during the current certification period may be used to meet the continuing education requirements in §344.640 of this title.

(2) The individual may receive credit for training received during a period of inactive certification. All rules in this chapter regarding relevance and documentation of the training apply.

(d) When an individual with an expired certification has his/her record restored, an application for a new certification must be submitted and all training requirements in §344.600(a) and (b) of this title apply.

(1) For certifications that have been expired for less than six months when the application for certification is submitted, all eligible training received during the previous certification period may be used to meet the training requirements.

(2) For certifications that have been expired for six months or more when the application for certification is submitted, all eligible training received within the 18 months prior to the date the application for certification is submitted to TJJD may be used to meet the training requirements.

(e) When an individual with an expired juvenile probation officer or juvenile supervision officer certification applies for the same type of certification six months or more after his/her certification expired, certification exam requirements in §344.700 of this title apply.

§344.884.Voluntary Relinquishment of Certification.

(a) A certified officer may submit to TJJD's certification office a signed, notarized request to voluntarily relinquish his/her certification for any reason. TJJD may accept or deny the request.

(b) An individual who has voluntarily relinquished his/her certification may or may not be eligible for future certification, as determined solely by TJJD.

(c) A certification that has been voluntarily relinquished may not be reactivated. If future certification is sought, the individual must comply with initial certification requirements as set forth 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 May 8, 2017.

TRD-201701863

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


CHAPTER 355. NON-SECURE CORRECTIONAL FACILITIES

The Texas Juvenile Justice Department (TJJD) proposes to amend §355.100, concerning definitions, §355.404, concerning designation and qualifications of a facility administrator, §355.406, concerning duties of a facility administrator, §355.426, concerning housing records, §355.428, concerning qualifications to provide resident supervision, §355.430, concerning supervision requirements, §355.520, concerning confidentiality of health care encounters, §355.524, concerning medical separation, §355.536, concerning supervision of high-risk suicidal youth, §355.538, concerning supervision of moderate-risk suicidal youth, §355.638, concerning disciplinary restriction, §355.640, concerning disciplinary separation, §355.802, concerning restraint requirements, §355.804, concerning restraint prohibitions, and §355.808, concerning personal restraint.

TJJD also proposes new §355.429, concerning additional training required for certified officers hired by a different department.

Additionally, TJJD proposes the repeal of §355.230, concerning criminal history searches, §355.434, concerning primary control room, and §355.818, concerning preventive mechanical restraints.

SECTION-BY-SECTION SUMMARY

The amended §355.100 will: 1) delete the definitions for Youth Activities Supervisor and Material Safety Data Sheet; 2) add a definition for Safety Data Sheet; 3) clarify that a psycho-social evaluation conducted as part of a behavioral health assessment includes a history of traumatic events; 4) clarify that a behavioral health assessment may be conducted by a mental health provider who is licensed or otherwise authorized to provide mental health services under the applicable licensing statutes; 5) add that the definition of Juvenile Supervision Officer does not include individuals who supervise juveniles in a juvenile justice program unless that program is a juvenile justice alternative education program operated by a juvenile probation department that also operates a juvenile justice facility; 6) replace the names of the licensing boards in the definition of Mental Health Provider with the associated subtitles and chapters of the Texas Occupations Code; and 8) make minor wording clarifications and grammatical changes in the definitions of Contraband, Governing Board, Housing Unit, Non-Secure Correctional Facility, and Premises.

Section 355.230, which requires criminal history searches for certain individuals, is proposed for repeal because criminal history checks for individuals employed by or providing services at non-secure facilities are addressed in Chapter 344.

The amended §355.404 will remove the minimum qualifications for employment as a facility administrator. These requirements will now be addressed in §344.202, which is also proposed for revision in this issue of the Texas Register.

The amended §355.406 will clarify that the facility administrator must ensure that criminal history and background checks are completed for all individuals identified by Chapter 344 (rather than just for employees who have unsupervised contact with residents).

The amended §355.426 will remove a reference to the term youth activities supervisors.

The amended §355.428 will: 1) remove youth activities supervisors from the list of individuals who are authorized to provide resident supervision; 2) add that, in order to supervise residents, a certified juvenile supervision officer must have received facility-specific training listed in §355.429 if the officer was certified while working for another department; 3) add that a juvenile supervision officer who is not yet certified may supervise residents only if the individual has not exceeded the deadline for submitting an application for certification, has completed all training required by §344.622 and §344.624 (rather than at least 40 hours consisting of the mandatory exam topics, CPR, first aid, and personal restraint technique), and has passed the certification exam; and 4) add that a juvenile supervision officer who has not met the requirements to provide resident supervision may not be included in officer-to-resident ratios and may not perform any duties of a juvenile supervision officer.

The new §355.429 will establish a list of facility-specific training topics that a certified juvenile supervision officer must receive if that officer is hired by a department or facility different than the one where the officer received his or her certification. The new section will also prohibit a juvenile supervision officer who has not completed the facility-specific training from being included in officer-to-resident ratios and from performing any duties of a juvenile supervision officer.

The amended §355.430 will: 1) remove references to the term youth activities supervisors; and 2) add a reference to §355.429 as a standard that may apply to a juvenile supervision officer's ability to count in the ratio.

Section 355.434, which establishes rules about whether staff in a primary control room may count toward supervision ratios, is proposed for repeal because this section is not needed for non-secure facilities.

The amended §§355.520, 355.524, 355.536, 355.538, 355.638, and 355.640 will remove references to the term youth activities supervisor.

The amended §355.802 will: 1) remove a reference to the threat of escape as a reason restraints may be used; and 2) remove references to the term youth activities supervisors.

The amended §355.804 will: 1) add a prohibition on using a restraint procedure that places anything around the resident's neck; and 2) move the prohibition on securing residents to vehicles or other residents from §355.818 to this section.

The amended §355.808 will remove a reference to the term youth activities supervisor.

Section 355.818, which addresses preventive mechanical restraints, is proposed for repeal because preventive mechanical restraints are not needed for residents of non-secure facilities.

FISCAL NOTE

Mike Meyer, Chief Financial Officer, has determined that for each year of the first five years the repeals and the new and amended sections are in effect, there will be no significant fiscal impact for state or local government as a result of enforcing or administering the sections.

PUBLIC BENEFIT/COSTS

Kristy Almager, Director of the Juvenile Justice Training Academy, has determined that for each year of the first five years the repeals and amended and new sections are in effect, the public benefit anticipated as a result of administering the sections will be youth and public safety and the effective operation of community-based juvenile justice programs and facilities by requiring individuals who have contact with or supervise youth in these settings to be adequately qualified and to have the necessary training and credentials.

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

PUBLIC COMMENTS

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

SUBCHAPTER A. DEFINITIONS

37 TAC §355.100

STATUTORY AUTHORITY

The amended section is proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.100.Definitions.

The following words and terms [when used in this chapter shall] have the following meanings when used in this chapter[,] unless [otherwise expressly defined within the chapter or] the context clearly indicates otherwise.

(1) Behavioral Health Assessment--A mental health assessment conducted by a masters-level mental health provider who is licensed or otherwise authorized to provide mental health services under the statutes [by one of the boards] listed in paragraph (21) [(22)] of this section and who is qualified by training to conduct all required elements of a behavioral health assessment. At a minimum, a behavioral health assessment must include the following elements:

(A) clinical [Clinical] interview;

(B) psycho-social [Psycho-social] evaluation, including a history of traumatic events, to include:

(i) family history;

(ii) community/living environment;

(iii) peer relationships; and

(iv) academic/vocational history;

(C) review [Review] of the following files and associated records in the possession of the juvenile probation department:

(i) juvenile probation records;

(ii) mental health records;

(iii) medical records;

(iv) previous mental health testing records; and

(v) educational records;

(D) parent/guardian [Parent/guardian] interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the mental health provider deems appropriate, such as a teacher or the child's juvenile probation officer;

(E) psychometric [Psychometric] testing, to include:

(i) achievement [Achievement] assessment, only if there is no record of an achievement assessment within the last three years;

(ii) personality [Personality] assessment, only if there is no record of a personality assessment within the last three years;

(iii) intellectual [Intellectual] assessment, only if:

(I) there is no record of an intellectual assessment within the last three years; or

(II) a new intellectual assessment is indicated by:

(-a-) pervasive use of drugs known to impair thought processes;

(-b-) traumatic brain injury;

(-c-) the child was age 12 or younger on the date of the most recent psychometric testing; or

(-d-) obvious impairment in cognitive or interpersonal functioning; and

(F) review [Review] of risks, strengths, and recommendations for intervention.

(2) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department for a single county or a multi-county judicial district.

(3) Contraband--Any item not issued to employees for the performance of their duties and that [which] employees have not obtained supervisory approval to possess. Contraband also includes any item given to a resident by an employee or other individual that [which] a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to:

(A) firearms;

(B) knives;

(C) ammunition;

(D) drugs;

(E) intoxicants;

(F) pornography; and

(G) any unauthorized written or verbal communication brought into or taken from an institution for a resident, former resident, associate of a resident, or family members of a resident.

(4) Date and Time of Admission--The date and time a juvenile was admitted into a non-secure correctional facility.

(5) Disciplinary Restriction--The removal of a resident from other residents for behavior modification and the placement of the resident alone for 90 minutes or less.

(6) Disciplinary Separation--The removal of a resident from program activities or other residents for 24 hours or less because of a major rule violation or an imminent physical threat to self or others.

(7) Facility Administrator--The individual designated by the chief administrative officer or governing board of the facility who has the ultimate responsibility for managing and operating the facility. This definition includes the certified juvenile supervision officer who is designated in writing as the acting facility administrator during the absence of the facility administrator.

(8) Facility Staff--All full-time, part-time, temporary, and seasonal staff who are employed or contracted to perform facility-related duties.

(9) Governing Board--A governmental unit (typically a juvenile board) or a board of trustees appointed by the governmental unit that establishes and operates or contracts for the establishment and operation of the facility. The governing board for the facility must [shall] provide oversight of facility operations, policies, and procedures.

(10) Hazardous Material--Any substance that is explosive, flammable, combustible, poisonous, corrosive, irritating, or otherwise harmful and is likely to cause injury or death.

(11) Health Assessment--The process whereby the health status of an individual is evaluated, which may include questioning the patient regarding symptoms.

(12) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, medical assistants, emergency medical technicians, and others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for patients.

(13) Health Service Authority--The agency, organization, entity, or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility.

(14) Housing Area--An area within the non-secure correctional facility that contains residents.

(15) Housing Unit--A unit within the housing area that may be designed and constructed as either a single-occupancy [single occupancy] housing unit (SOHU) or a multiple-occupancy [multiple occupancy] housing unit (MOHU).

(16) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication or post-adjudication secure facility into a non-secure correctional facility under the same administrative authority.

(17) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program administered or operated under the authority of the juvenile board.

(18) Juvenile Supervision Officer--An individual [A person] whose primary responsibility and essential job function is the supervision of juveniles in a:

(A) juvenile justice facility; or

(B) [a] juvenile justice alternative education program operated by a department that also operates a juvenile justice facility. [or under contract with the governing board.]

[(19) Material Safety Data Sheet (MSDS)--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects, and safe handling/storage information.]

(19) [(20)] Medical Separation--The removal of a resident from program activities or other residents for medical purposes in accordance with §355.524 of this title.

(20) [(21)] Medical Treatment--Medical care, including diagnostic testing (e.g., x-rays, laboratory testing, etc.), performed or ordered by a physician or physician assistant or performed by a licensed nurse practitioner, emergency medical technician, paramedic, registered nurse (RN), or licensed vocational nurse (LVN) according to their respective licensure.

(21) [(22)] Mental Health Provider--An individual who is licensed or otherwise authorized to provide mental health services under the following subtitles or chapters of the Texas Occupations Code [by one or more of the following licensing boards]:

(A) Chapter 110 (sex offender treatment providers);

(B) Subtitle B (physicians); or

(C) Subtitle I (psychologists, marriage and family therapists, licensed professional counselors, chemical dependency counselors, and social workers).

[(A) Texas State Board of Examiners of Psychologists;]

[(B) Texas State Board of Examiners of Professional Counselors;]

[(C) Texas State Board of Examiners of Marriage and Family Therapists;]

[(D) Texas Department of State HealthServices;]

[(E) Texas Medical Board; or]

[(F) Texas State Board of Social Worker Examiners.]

(22) [(23)] Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review.

(23) [(24)] Multiple-Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple-occupancy sleeping.

(24) [(25)] Non-Program Hours--The time period when the facility's scheduled resident activity has ceased for the day.

(25) [(26)] Non-Secure Correctional Facility (Facility)--Any public or private residential facility operated solely or partly by or under contract with a juvenile board or governing board in which the construction fixtures, hardware, staffing models, and procedures do not restrict the egress of residents from the facility.

(26) [(27)] Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities or activities related to the educational curriculum (i.e., physical education).

(27) [(28)] Positive Screening--A scored result of a completed mental health screening instrument (i.e., MAYSI-2) recommending services requiring a primary service by a mental health provider as described on the MAYSI-2 reference card.

(28) [(29)] Premises--One or more buildings [A building(s)] together with their [its] grounds or other appurtenances.

(29) [(30)] Program Hours--The time period when the facility schedules activities for the resident population.

(30) [(31)] Qualified Individual--A person who may supervise residents when working with residents in a capacity that relates to the person's qualifications.

(31) [(32)] Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the guidelines of the Texas Department of State Health Services.

(32) [(33)] Rated Capacity--The maximum number of beds available in a facility that were architecturally designed or redesigned as a housing unit.

(33) [(34)] Resident--A juvenile who is placed in the non-secure correctional facility.

(34) [(35)] Riot--A situation in which three or more residents in the facility intentionally participate in conduct that constitutes a clear and present danger to persons or property and substantially obstructs the performance of facility operations or a program therein. Rebellion is a form of riot.

(35) Safety Data Sheet--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects, and safe handling/storage information.

(36) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed.

(37) Single-Occupancy Housing Unit (SOHU)--A housing unit designed and constructed with separate and individual resident sleeping quarters.

(38) TJJD--The Texas Juvenile Justice Department.

(39) Volunteer--An individual who agrees to perform services without compensation and may have regular or periodic supervised contact with juveniles under the direction of the non-secure correctional facility.

[(40) Youth Activities Supervisor--Regardless of title, an individual whose primary responsibility and essential job function is the supervision of juveniles strictly in a non-secure setting within a juvenile justice program or facility other than a juvenile justice alternative education program.]

(40) [(41)] Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph:

(A) "Deviate sexual intercourse" means:

(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or

(ii) the penetration of the genitals or the anus of another person with an object.

(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or

(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons, including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

(E) A juvenile may not consent to the acts as defined in this paragraph under any circumstances. Consent may not be implied regardless of the age of the juvenile.

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 May 8, 2017.

TRD-201701872

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER B. APPLICABILITY AND GENERAL PROVISIONS

37 TAC §355.230

STATUTORY AUTHORITY

The repeal is proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.230.Criminal History Searches.

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 May 8, 2017.

TRD-201701873

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER D. FACILITY MANAGEMENT AND OPERATIONS

37 TAC §§355.404, 355.406, 355.426, 355.428, 355.429, 355.430

STATUTORY AUTHORITY

The new section and amended sections are proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.404.Designation [and Qualifications ] of Facility Administrator.

[(a)] The chief administrative officer or the governing board of the facility or the governing board's designee must [shall] designate a single facility administrator for each non-secure facility.

[(b) The facility administrator shall:]

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

[(2) have either:]

[(A) one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by TJJD; or]

[(B) one year of experience in full-time case work, counseling, or community or group work in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons, as determined by TJJD; and]

[(3) maintain an active TJJD certification as a juvenile supervision officer.]

§355.406.Duties of Facility Administrator.

(a) The facility administrator is [shall be] responsible for the daily operations of the facility and must [shall] maintain an office on the grounds of the facility.

(b) The facility administrator must [shall ] designate a certified juvenile supervision officer to be in charge during his or her absence from the facility.

(c) The facility administrator must [shall ] develop, implement, and maintain a policies and procedures manual for the facility and must [shall] ensure the daily facility practice conforms to the policies and procedures detailed in the manual.

(d) The facility administrator must [shall ] review the facility's policies and procedures manual at least once each year, no later than the last day of the calendar month of the previous year's review, and maintain documentation of this review.

(e) The facility administrator must [shall ] make the policies and procedures manual available to all employees of the facility.

(f) The facility administrator must [shall ] ensure that all employees of the facility are:

(1) trained on the policies and procedures manual provisions relevant to the employee's job functions during new employee orientation or prior to beginning service at the facility [and maintain documentation of that training]; and

(2) notified of all changes or modifications to the policies and procedures manual in a timely manner.

(g) The facility administrator must maintain documentation of the training described in subsection (f) of this section.

(h) [(g)] The facility administrator or designee must [shall] ensure that current, accurate, and confidential personnel records are maintained for each employee, which must [shall] include:

(1) proof of age;

(2) documentation of criminal background checks conducted as required by Chapter 344 of this title;

(3) the completed application for employment;

(4) training records; and

(5) documentation of promotion, demotion, termination and other personnel actions.

(i) [(h)] The facility administrator [or chief administrative officer] of a private entity under contract with a governmental unit in this state must [shall ] provide the presiding officer of the juvenile board with jurisdiction over [of] the facility with periodic updates on the operation of the facility, including the following information to be provided at least every quarter:

(1) facility population and capacity [population/capacity ] reports;

(2) number of serious incidents, by category, that occurred in the facility;

(3) number of resident restraints by type (e.g., personal and mechanical);

(4) number of injuries to residents requiring medical treatment; and

(5) number of injuries to staff requiring medical treatment.

(j) [(i)] The facility administrator or chief administrative officer must [shall] ensure the accurate and timely submission of statistical data to TJJD in an electronic format or other format as requested by TJJD.

(k) [(j)] The facility administrator or chief administrative officer must [shall] ensure that all [individuals employed by the facility who have unsupervised contact with residents are subjected to all required] criminal history and background checks as required by Chapter 344 of this title are completed.

§355.426.Housing Records.

For each housing unit in the facility, the following documentation must [shall] be maintained:

(1) a daily chronological log or electronic record documenting the resident's or housing unit's activity that identifies the juvenile supervision officers [or youth activities supervisors] supervising the residents;

(2) a daily report of admissions and releases; and

(3) a population roster compiled as of 5:00 a.m. each day that includes, [shall include] at a minimum:

(A) the date and time the roster was compiled;

(B) the name of all residents in the facility;

(C) the sex of all residents in the facility;

(D) the housing assignment location (i.e., the location where the resident sleeps) of all residents in the facility; and

(E) the numerical total of the resident population for each day.

§355.428.Qualifications to Provide Resident Supervision.

(a) A juvenile supervision officer [or youth activities supervisor] may provide resident supervision only if he or she:

(1) is currently certified as a juvenile supervision officer and, if applicable, has received the facility-specific training required in §355.429 of this title [or youth activities supervisor]; or

(2) meets the following criteria:

(A) has not exceeded the deadline for submitting a certification application established by Chapter 344 of this title; [has been employed by the facility less than 180 calendar days and]

(B) has completed all training required by §344.622 and §344.624 of this title; and [at least 40 hours of training, which shall include the mandatory topics as outlined in Chapter 344 of this title, as well as current certification in CPR, first aid, and a personal restraint technique approved by TJJD.]

(C) has passed the certification exam for juvenile supervision officers.

(b) A juvenile supervision officer who fails to meet the requirements in subsection (a) of this section may not:

(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or

(2) perform any duties of a juvenile supervision officer listed in this title.

§355.429.Additional Training Required for Certified Officers Hired by a Different Department.

(a) If a certified juvenile supervision officer is hired by a department or a private facility other than the one where the officer was employed at the time of receiving his or her certification, the officer must receive facility-specific training in the following topics as they relate to the duties of a juvenile supervision officer at the new department or facility:

(1) suicide prevention plan;

(2) preventing, identifying, and reporting abuse, neglect, and exploitation;

(3) verbal de-escalation policies, procedures, and practices;

(4) resident supervision, including resident behavior observation and documentation requirements;

(5) behavior management, including the resident discipline plan;

(6) facility safety and security;

(7) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;

(8) fire safety plan, including fire drill procedures;

(9) non-fire emergency and evacuation procedures;

(10) recognizing and responding to mental health needs of residents;

(11) resident grievance procedures;

(12) transportation of juveniles; and

(13) searches of juveniles.

(b) A juvenile supervision officer who has not completed the training as required by subsection (a) of this section may not:

(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or

(2) perform any duties of a juvenile supervision officer listed in this title.

§355.430.Supervision Requirements.

(a) Ratios. Ratios of juvenile supervision officers [or youth activities supervisors] to residents on facility premises must [shall] adhere to the requirements set forth in this standard and be documented in policies and procedures.

(1) Regardless of the ratio requirements established in paragraphs (2) and [-] (3) of this subsection, at least one juvenile supervision officer must [shall] be on duty at all times.

(2) During program hours, the ratio must [shall] be at least one juvenile supervision officer [or youth activities supervisor] for every 12 residents.

(3) During non-program hours, the ratio must [shall] be at least one juvenile supervision officer [or youth activities supervisor] for every 24 residents.

(4) A juvenile supervision officer [or youth activities supervisor] may be counted in the ratio only if requirements of §355.428 and, if applicable, §355.429 of this title are met.

(b) Same-Gender Supervision Requirement.

(1) Policies and practice must [shall] ensure at least one juvenile supervision officer [or youth activities supervisor] of each gender represented in the resident population is on duty and available to the residents on every shift.

(2) Cross-gender supervision is [shall be] prohibited during showers, physical searches, pat downs, disrobing of suicidal residents, or other times in which personal hygiene practices or needs would require the presence of a staff member of the same gender. However, if the resident is behind a closed, windowless door to shower or care for other personal hygiene needs, a same-gender staff member is not required. The requirements of this standard must [shall] be detailed in the facility's policies and procedures.

(c) Level of Supervision.

(1) Program Hours.

(A) A juvenile supervision officer must [or youth activities supervisor shall] provide direct supervision for residents during all program activities occurring on the facility's premises, except as described in paragraph (2) of this subsection.

(B) The facility must [shall] conduct two documented resident counts during program hours. To count a resident as present, the staff member must [shall] visually observe the resident. Each count must [shall] include:

(i) the physical location of each resident;

(ii) for residents who are on the facility's premises, the resident's current activity; and

(iii) for residents who are off the facility's premises, the reason for the off-premises activity.

(2) Groups Supervised by Qualified Individuals. Residents may be supervised by a qualified individual when the individual is working with the residents in a capacity that relates to the individual's:

(A) work experience;

(B) relevant training;

(C) specialized licensure; or

(D) certification.

(3) Non-Program Hours.

(A) A juvenile supervision officer must [or youth activities supervisor shall] visually observe and document each resident at random intervals not to exceed 15 minutes in a SOHU.

(B) A juvenile supervision officer must [or youth activities supervisor shall] have constant visual observation of residents in a MOHU and must [shall] document general observations of dorm activity at intervals not to exceed 30 minutes. If the physical configuration of the MOHU does not allow for constant visual observation of all residents, a juvenile supervision officer must [or youth activities supervisor shall] visually observe and document each resident at random intervals not to exceed 15 minutes.

(C) A juvenile supervision officer must [or youth activities supervisor shall] document each visual observation made of residents. The documentation must [shall] include the time of the observation.

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 May 8, 2017.

TRD-201701874

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


37 TAC §355.434

STATUTORY AUTHORITY

The repeal is proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.434.Primary Control Room.

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 May 8, 2017.

TRD-201701875

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER E. RESIDENT HEALTH AND SAFETY

37 TAC §§355.520, 355.524, 355.536, 355.538

STATUTORY AUTHORITY

The amended sections are proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.520.Confidentiality of Health Care [Healthcare] Encounters.

(a) All medical and mental health screenings and assessments must [shall] be conducted in a confidential setting consistent with facility operations and security.

(b) All interactions between a resident and a health care professional that involve treatment or an exchange of confidential medical information must [shall] be conducted in private. The facility's policies and procedures may authorize a juvenile supervision officer [or youth activities supervisor] to be present in the following situations:

(1) if the resident poses a substantial risk to the safety of the health care professional or others;

(2) if the facility has a written policy requiring the presence of a juvenile supervision officer [or youth activities supervisor] during medical treatment;

(3) if the health care professional or resident requests the presence of a juvenile supervision officer [or youth activities supervisor] during the treatment; or

(4) if the circumstances or situation indicate the presence of a juvenile supervision officer [or youth activities supervisor] is necessary and prudent.

§355.524.Medical Separation.

Medical separation may be authorized as a health precaution at the direction of a health care professional or the facility administrator.

(1) The reasons for the medical separation of a resident must [shall] be documented and a copy placed in the resident's file.

(2) If a resident has been placed in medical separation by a facility administrator for over 24 hours, the health care concern must [shall] be addressed by a health care professional in accordance with the health service plan. Upon completion of the health care professional's evaluation, the facility must [shall] obtain a written recommendation as to the need for the resident's continued medical separation and ongoing treatment services from the health care professional.

(3) During medical separation, a juvenile supervision officer must [or youth activities supervisor shall] personally observe and record the resident's behavior at random intervals not to exceed 15 minutes if the youth is placed behind an architectural barrier.

§355.536.Supervision of High-Risk Suicidal Youth.

(a) Supervision. Residents classified as high risk for suicidal behavior who are awaiting an assessment by a mental health provider or transfer or release or as described in §355.534(b) of this title must [shall] be:

(1) provided constant, uninterrupted supervision by a certified juvenile probation officer or[,] certified juvenile supervision officer[, or certified youth activities supervisor]; and

(2) the supervising staff member must [shall ] document his or her personal observations of the high-risk resident at intervals not to exceed 30 minutes.

(b) Required Documentation. The following documentation must [shall] be maintained for high-risk suicidal residents:

(1) the date and time the resident was classified as high risk for suicidal behavior;

(2) name and title of the person who classified the resident as high risk for suicidal behavior;

(3) a description of the resident's behavior and/or factors that led to the resident's classification as high risk for suicidal behavior;

(4) name of the certified juvenile probation officer or[,] certified juvenile supervision officer[, or certified youth activities supervisor] providing supervision of the resident;

(5) the location of the resident's supervision;

(6) the date and time the resident was reclassified as no longer being at high risk for suicidal behavior; and

(7) the name and title of the mental health provider or physician who recommended the reclassification of the resident as no longer being at high risk for suicidal behavior.

§355.538.Supervision of Moderate-Risk Suicidal Youth.

(a) Observation. Any time a resident is classified as a moderate risk for suicidal behavior and is not under constant visual observation, a juvenile supervision officer must [or youth activities supervisor shall] personally observe and record the resident's behavior at random intervals not to exceed ten minutes.

(b) Required Documentation. When providing supervision at random intervals, the juvenile supervision officer must [or youth activities supervisor shall] document:

(1) the date and time the resident was classified as moderate risk for suicidal behavior;

(2) the location of the resident's supervision;

(3) the name of the juvenile supervision officer [or youth activities supervisor] providing supervision of the resident;

(4) each visual observation made and the time of the observation; and

(5) a general description of the resident's behavior.

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 May 8, 2017.

TRD-201701876

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER F. RESIDENT RIGHTS AND PROGRAMMING

37 TAC §355.638, §355.640

STATUTORY AUTHORITY

The amended sections are proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.638.Disciplinary Restriction.

(a) Disciplinary restriction may be used for minor rule infractions, major rule violations, imminent physical threat, or preventive behavior modifications. Disciplinary restriction may [shall] not exceed 90 minutes for the same incident.

(b) If the resident is behind an architectural barrier during the period of restriction, a juvenile supervision officer must [or youth activities supervisor shall] personally observe and record the resident's behavior at random intervals not to exceed 15 minutes.

§355.640.Disciplinary Separation.

(a) Disciplinary separation may be used only when a resident commits a major rule violation or poses an imminent physical threat to self or others. Disciplinary separation may [shall ] not exceed 24 hours for the same incident.

(b) A written disciplinary report that describes the resident's precipitating behavior and identifies the staff's response must [shall] be completed promptly, but no later than the end of the shift on which the disciplinary separation occurs. The report must [shall] be submitted immediately to the facility administrator for review.

(c) If the resident is behind an architectural barrier during the period of disciplinary separation, a juvenile supervision officer must [or youth activities supervisor shall] personally observe and record the resident's behavior at random intervals not to exceed 15 minutes.

(d) Any time period a resident is placed in disciplinary separation is [shall be] continuous and includes [shall include] non-program hours.

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 May 8, 2017.

TRD-201701877

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


SUBCHAPTER H. RESTRAINTS

37 TAC §§355.802, 355.804, 355.808

STATUTORY AUTHORITY

The amended sections are proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.802.Restraint Requirements.

(a) Restraints may [shall only] be used only by juvenile supervision officers[, youth activities supervisors,] and juvenile probation officers.

(b) Prior to participating in any restraint, juvenile probation officers[, youth activities supervisors,] and juvenile supervision officers must [shall] be trained in the use of the facility's specific verbal de-escalation policies, procedures, and practices.

(c) Prior to participating in a restraint, juvenile probation officers[, youth activities supervisors,] and juvenile supervision officers must [shall] have received training and demonstrated competency in the TJJD-approved restraint used by the facility.

(d) Restraints may [shall only] be used only in instances of an imminent threat of self-injury, injury to others, or serious property damage.

(e) Restraints may [shall only] be used only as a last resort.

(f) Only the amount of force and type of restraint necessary to control the situation may [shall] be used.

(g) Restraints must [shall] be implemented in such a way as to protect the health and safety of the resident and others

(h) Restraints must [shall] be terminated as soon as the resident's behavior no longer indicates an [that the] imminent threat of self-injury, injury to others, or serious property damage[, or the threat of escape has subsided].

§355.804.Restraint Prohibitions.

Restraints that employ a technique listed in this section are prohibited:

(1) restraints used for punishment, discipline, retaliation, harassment, compliance, intimidation, or as a substitute for an appropriate disciplinary separation;

(2) restraints that deprive the resident of basic human necessities, including restroom opportunities [privileges ], water, food, and clothing;

(3) restraints that are intended to inflict pain;

(4) restraints that place a resident in a prone or supine position with sustained or excessive pressure on the back, chest, or torso;

(5) restraints that place a resident in a prone or supine position with pressure on the neck or head;

(6) restraints that obstruct the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose or around the resident's neck;

(7) restraints that interfere with the resident's ability to communicate;

(8) restraints that obstruct the view of the resident's face;

(9) any technique that does not require the monitoring of the resident's respiration and other signs of physical distress during the restraint;

(10) percussive or electrical shocking devices;

(11) chemical restraints; [and]

(12) mechanical restraints that secure a resident to any part of a vehicle or to another resident; or

(13) [(12)] non-ambulatory restraints. §355.808.Personal Restraint.

In addition to the requirements found in §§355.802, 355.804, and 355.806 of this title, the use of personal restraints is [shall be] governed by the following criteria:

(1) Personal restraints must [shall] be administered in a manner specific to[,] or consistent with[, to] the approved personal restraint technique adopted by the facility.

(2) Juvenile supervision officers[, youth activities supervisors,] and juvenile probation officers must [shall] be retrained in the approved personal restraint technique selected by the facility according to the requirements of the particular technique or at least every 365 calendar days, whichever time frame is shorter.

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 May 8, 2017.

TRD-201701878

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014


37 TAC §355.818

STATUTORY AUTHORITY

The repeal is proposed under §221.002(a)(4), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for the operation of public and private non-secure correctional facilities.

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

§355.818.Preventive Mechanical Restraints.

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 May 8, 2017.

TRD-201701879

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: June 18, 2017

For further information, please call: (512) 490-7014