TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

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

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

37 TAC §343.230, §343.266

The Texas Juvenile Justice Department (TJJD) adopts amendments to §343.230, concerning Specialized Housing, and §343.266, concerning Bedding, without changes to the proposed text as published in the August 11, 2017, issue of the Texas Register (42 TexReg 3953).

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the sections is the promotion of the rehabilitative goals of secure pre- and post-adjudication facilities and successful youth outcomes by encouraging youth to participate in programming. Another anticipated public benefit is the provision of clarifications to the rule text.

SECTION-BY-SECTION SUMMARY

The amendment to §343.230 removes the subsection that addresses temporary removal of mattresses. The information in that subsection has been modified and moved to §343.266.

The amended §343.266: 1) clarifies that a fitted sheet may be issued instead of a mattress cover; 2) clarifies that the clean linens that must be issued at least once every seven days include a mattress cover (or fitted sheet), sheet, blanket, and pillowcase; 3) adds that a mattress cover, pillow, and/or pillowcase (in addition to a sheet) may be removed and substituted with a blanket if the resident has misused the item(s) or if staff have reason to believe the resident will misuse the item(s); and 4) adds a provision that allows any bedding items (i.e., mattress, pillow, and/or linens) to be removed during program hours from a room or cell that is currently being used for disciplinary seclusion, safety-based seclusion, or resident-initiated separation, regardless of whether there is a specific behavioral or safety-related reason to remove them.

Additionally, the amendment to §343.266 modifies the information currently found in §343.230 regarding temporary removal of mattresses from any type of specialized housing room/cell. The modified rule text: 1) clarifies that using the mattress in a manner that presents a threat to safety or security (rather than using the mattress for an unintended purpose) is grounds for removing the mattress; 2) adds that the reason for removing a resident's mattress must be documented; and 3) removes the following reason from the list of reasons a mattress may be removed--a resident has exhibited a documented pattern of disruptive behavior in an effort to be assigned to specialized housing to avoid educational instruction.

PUBLIC COMMENTS

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

STATUTORY AUTHORITY

The amended sections are adopted under Section 221.004(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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 24, 2017.

TRD-201704284

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: February 1, 2018

Proposal publication date: August 11, 2017

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


CHAPTER 349. GENERAL ADMINISTRATIVE STANDARDS

SUBCHAPTER D. COMPLAINTS AGAINST JUVENILE BOARDS

37 TAC §349.410

The Texas Juvenile Justice Department (TJJD) adopts an amendment to §349.410, concerning Administrative Review of Investigation Findings, without changes to the proposed text as published in the August 11, 2017, issue of the Texas Register (42 TexReg 3955).

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the section is the promotion of efficiency in state government by eliminating the possibility of holding two administrative hearings on the same subject matter.

SUMMARY OF CHANGES

The amended rule removes the provision that allowed the designated perpetrator or administrative designee to submit an appeal to the State Office of Administrative Hearings to challenge the findings of TJJD's administrative review.

PUBLIC COMMENTS

TJJD did not receive any public comments regarding the proposed rulemaking action.

STATUTORY AUTHORITY

The amended section is adopted under §2001.004, Government Code, which requires TJJD to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. The amended section is also adopted under §261.401, Family Code, which requires TJJD to adopt rules relating to the investigation and resolution of reports that involve alleged abuse, neglect, or exploitation of a child.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 24, 2017.

TRD-201704283

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: November 15, 2017

Proposal publication date: August 11, 2017

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