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 37 TAC, Part 11, §341.202, Policies and Procedures; §341.302, Participation in Community Resources Coordination Groups; and §341.502, Risk and Needs Assessment.

SUMMARY OF CHANGES

As required due to statutory changes, amendments to §341.202 will include: 1) adding a subparagraph titled Diversion of Juveniles in a General Residential Operation to the list of topics that departments must address in their policies and procedures and provide information related to including each of those specific topics; 2) removing the subparagraph titled Deferred Prosecution related to fees from the list of topics that departments must address in their policies and procedures; 3) providing that, if a probation department uses volunteers or interns, the juvenile board must establish policies that include a requirement to conduct criminal history searches and non-criminal background searches in accordance with 37 TAC, Part 11, Chapter 344 for volunteers and interns who will have direct, unsupervised access to juveniles or direct contact with a juvenile and prohibiting such contact if the person does not meet the requirements in Chapter 344; and 4) adding a subparagraph titled Training Requirements to the list of topics that departments must address in their policies and procedures and providing information related to including each of those specific topics. (The topics that must be trained are related to maintaining professional relationships with children and recognizing and reporting suspected physical and sexual abuse.)

As required due to a non-substantive statutory revision, amendments to §341.302 will include modifying a statutory reference related to participation in a community resources coordination group.

As required due to statutory changes, amendments to §341.502 will include adding that, prior to the disposition of a juvenile's case, a probation department must screen the juvenile for risk of commercial sexual exploitation.

FISCAL NOTE

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

PUBLIC BENEFITS/COSTS

Cameron Taylor, Policy Director, has determined that for each year of the first five years the amended sections are in effect, the public benefit anticipated as a result of administering the sections will be to bring TJJD into compliance with new and revised statutory requirements.

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

GOVERNMENT GROWTH IMPACT

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

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

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

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

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

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

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

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

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

PUBLIC COMMENTS

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

SUBCHAPTER B. JUVENILE BOARD RESPONSIBILITIES

37 TAC §341.202

STATUTORY AUTHORITY

The amended section is proposed under the following: 1) §221.003, Human Resources Code (as amended by HB 451, 89th Legislature, Regular Session), which requires a juvenile probation department to use a validated, evidence-informed tool as part of a youth's risk and needs assessment to screen for the risk of commercial sexual exploitation; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) §152.00145, Human Resources Code (as amended by HB 16, 89th Legislature, Regular Session), which clarifies the diversion and detention policy for certain juveniles; and §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities.

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

§341.202. Policies and Procedures.

(a) Personnel Policies. The juvenile board must establish written personnel policies.

(b) Department Policies. The juvenile board must establish written department policies and procedures. These policies and procedures must address the following topics if they apply.

(1) Diversion of Juveniles in a General Residential Operation.

(A) As required by §152.00145, Human Resources Code, the juvenile board must establish policies that prioritize:

(i) the diversion from referral to a prosecuting an attorney under Chapter 53, Family Code, juveniles residing in a general residential operation, particularly children alleged to have engaged in conduct constituting a misdemeanor involving violence to a person; and

(ii) the limitation of detention to such juveniles to circumstances of last resort.

(B) To monitor the success of policies implemented under subparagraph (A) of this paragraph, a juvenile board shall track:

(i) the number of juveniles residing in a general residential operation who are referred to the juvenile probation department or other intake entity for the juvenile court;

(ii) the number of juveniles described by clause (i) of this subparagraph who are placed on deferred prosecution; and

(iii) the general residential operation where each child tracked under this section resided at the time of the conduct that result in the referral.

(C) For purposes of this subsection, a "general residential operation" is a child-care facility that provides care for seven or more children for 24 hours a day, including facilities known as residential treatment centers and emergency shelters. General residential operations are licensed, certified, or registered by the Department of Family and Protective Services, as provided by Chapter 42, Human Resources Code.

[(1) Deferred Prosecution.]

[(A) If the juvenile board adopts a fee schedule for the collection of deferred prosecution fees, the board must establish a written policy that includes the following requirements.]

[(i) The monthly fee must be determined after obtaining a financial statement from the parent or guardian and may not exceed the maximum set by Family Code §53.03.]

[(ii) The fee schedule must be based on total parent/guardian income.]

[(iii) The chief administrative officer or his/her designee must approve in writing the fee assessed for each child, including any waiver of deferred prosecution fees.]

[(B) A deferred prosecution fee may not be imposed if the juvenile board does not adopt a fee schedule and rules for waiver of the deferred prosecution fee.]

(2) Volunteers and Interns. If a juvenile probation department uses volunteers or interns, the juvenile board must establish policies for the volunteer and/or internship program that include:

(A) a description of the scope, responsibilities, and limited authority of volunteers and interns who work with the department;

(B) selection and termination criteria, including disqualification based on specified criminal history;

(C) a requirement to conduct criminal history searches and non-criminal background searches as described in Chapter 344 of this title for volunteers and interns who will have direct, unsupervised access to juveniles or direct contact with a juvenile, as defined in Chapter 344 of this title;

(D) a prohibition on having unsupervised contact with juveniles for volunteers and interns whose [~~criminal~~] history does not meet the requirements in Chapter 344 of this title;

(E) the orientation and training requirements, including training on recognizing and reporting abuse, neglect, and exploitation;

(F) a requirement that volunteers and interns meet minimum professional requirements if serving in a professional capacity; and

(G) a requirement to maintain a sign-in log that documents the name of the volunteer or intern, the purpose of the visit, the date of the service, and the beginning and ending time of the service performed for the department.

(3) Zero-Tolerance for Sexual Abuse. The juvenile board must establish zero-tolerance policies and procedures regarding sexual abuse as defined in Chapter 358 of this title. The policies and procedures must:

(A) prohibit sexual abuse of juveniles under the jurisdiction of the department by department staff, volunteers, interns, and contractors;

(B) establish the actions department staff must take in response to allegations of sexual abuse and TJJD-confirmed incidents of sexual abuse; and

(4) Pretrial Detention for Certain Juveniles. As required by [~~Human Resources Code~~] §152.0015, Human Resources Code, the juvenile board must establish a policy that specifies whether a person who has been transferred for criminal prosecution under [~~Family Code~~] §54.02, Family Code, and is younger than 17 years of age may be detained in a juvenile facility pending trial.

(5) Juveniles Younger Than 12 Years of Age. As required by [~~Human Resources Code~~] §152.00145, Human Resources Code, the juvenile board must establish policies that prioritize:

(A) the diversion of children younger than 12 years of age from referral to a prosecuting attorney under [~~Family Code~~] Chapter 53, Family Code; and

(B) the limitation of detention of children younger than 12 years of age to circumstances of last resort.

(6) Taking Juveniles into Custody. The juvenile board must establish a policy that specifies whether juvenile probation officers may take a juvenile into custody as allowed by [~~Family Code~~] §§52.01(a)(4), 52.01(a)(6), or 52.015, Family Code.

(A) If the policy allows juvenile probation officers to take a juvenile into custody, the policy must specify whether the officers are allowed to use force in doing so.

(B) If the policy allows juvenile probation officers to use force in taking a juvenile into custody, the policy must:

(i) address prohibited conduct, circumstances under which force is authorized, and training requirements;

(ii) require each use of force to be documented, except when the only force used is the placement of mechanical restraints on the juvenile.

(7) Training Requirements.

(A) The juvenile board must establish a policy that requires training to each employee, volunteer, or independent contractor who may be placed in direct contact with a juvenile receiving services from the department or facility. The training must include:

(i) recognition of the signs of physical and sexual abuse and reporting requirements for suspected physical and sexual abuse;

(ii) the department's or facility's policies related to reporting physical and sexual abuse; and

(iii) methods for maintaining professional and appropriate relationships with children.

(B) For purposes of this paragraph, a person may be placed in direct contact with a juvenile receiving services from the department or facility if the person's position potentially requires the person to:

(i) provide care, supervision, or guidance to a child;

(ii) exercise any form of control over a child; or

(iii) routinely interact with a child.

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 December 12, 2025.

TRD-202504597

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

SUBCHAPTER C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES

37 TAC §341.302

STATUTORY AUTHORITY

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

§341.302. Participation in Community Resources Coordination Groups.

The chief administrative officer or [~~his/her~~] designee must serve as the liaison to the local community resource coordination group pursuant to the memorandum of understanding adopted under §522.0155, Government Code [~~Texas Government Code §531.055~~].

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 December 12, 2025.

TRD-202504598

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

SUBCHAPTER E. CASE MANAGEMENT

37 TAC §341.502

STATUTORY AUTHORITY

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

§341.502. Risk and Needs Assessment.

(a) A juvenile probation department must complete a risk and needs assessment for a juvenile:

(1) before each disposition in a juvenile's case; and

(2) at least once every six months.

(b) The risk and needs assessment instrument must be:

(1) validated; and

(2) approved or provided by TJJD.

(c) Prior to the disposition of a juvenile's case, a juvenile probation department must screen the juvenile for risk of commercial sexual exploitation using a validated, evidence-informed instrument selected by the Child Sex Trafficking Prevention Unit established under §772.0062, Government Code.

(d) [~~(c)~~] Each [~~The risk and needs assessment~~] instrument used under this section must be administered by an individual trained to administer the instrument.

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 December 12, 2025.

TRD-202504599

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

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

SUBCHAPTER E. RESTRAINTS

37 TAC §§343.800, 343.816, 343.817

The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC, Part 11, §343.800, Definitions, and §343.816, Chemical Restraints. TJJD also proposes new 37 TAC, Part 11, §343.817, Use of Force Review Board.

SUMMARY OF CHANGES

Amendments to §343.800 will include adding definitions of approved chemical restraint device, detention supervisor, dorm supervisor, reasonable belief, serious bodily injury, security personnel, and shift supervisor.

Amendments to §343.816 will include specifying that the use of chemical restraints is governed by this section as well as by §§343.802, 343.804, and 343.806 of this chapter, and adding that: 1) chemical restraints may be used only if the juvenile board has given approval; 2) if the board gives approval to use a chemical restraint, board policies must specify the approved chemical restraint device, which staff are authorized to use the device, which staff are authorized to carry the device, the training curriculum required for staff to be authorized to carry the device, the procedures for controlling the device, and the procedures to follow after the use of chemical restraints; 3) only approved chemical restraint devices may be used and devices must be stored in a locked, controlled area; 4) only certified juvenile supervision officers (JSOs) who have been trained in the chemical restraint device may use it; 5) as part of the training curriculum, JSOs must be sprayed with the device if the JSO is being trained in chemical restraint for the first time and exposure to the OC spray is not medically contraindicated for the JSO; 6) the only staff who may be authorized to routinely carry the chemical restraint device are the facility administrator, assistant facility administrator, shift supervisor, detention supervisor, dorm supervisor, and security personnel; 7) except for the exceptions provided, the use chemical restraints is authorized only for those instances when other interventions have failed or are not practical and chemical restraints are reasonably believed necessary to quell a riot or major disruption; resolve a hostage situation; remove residents from behind a barricade during a riot or a situation involving self-harm; secure an object that is being used as a weapon and is capable of causing serious injury; protect residents, staff, or others from serious injury; or prevent escape; 8) any resident affected by a chemical restraint must be decontaminated as soon as the purpose of the restraint is achieved and that, after decontamination, a health care professional must examine, treat, and monitor any resident or staff member affected by the restraint; 9) authorization to use a chemical restraint must be obtained prior to each use, except in instances when it is reasonably believed necessary to prevent the loss of life or serious bodily injury; 10) standing orders authorizing chemical restraints are prohibited; 11) chemical restraints are not authorized for use on a resident when a medical provider has diagnosed the resident as having a chronic, serious respiratory problem or other serious health condition known to the facility, except in instances when it is reasonably believed necessary to prevent the loss of life or serious bodily injury; and 12) a facility that is authorized to use chemical restraints and that accepts residents from other counties is required to make those counties aware that the facility authorizes the use of chemical restraints.

The new §343.817 will include that: 1) each facility authorized to use chemical restraints must have a use of force review board comprising the facility administrator and other designated staff; 2) no later than 14 calendar days after a restraint, the review board reviews each use of force incident involving chemical restraints; 3) the review board uses all available resources to determine whether policy was followed, to determine whether documentation was completed correctly, to identify training needs, and to identify ways to expand prevention efforts; and 4) for each meeting of the review board, written documents of the names of all attendees, a list of each incident reviewed, and any corrective actions recommended must be created and saved.

FISCAL NOTE

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

PUBLIC BENEFITS/COSTS

Cameron Taylor, Policy Director, has determined that for each year of the first five years the new and amended sections are in effect, the public benefit anticipated as a result of administering the sections will be to clarify the rules related to using chemical restraints and to establish a board to review incidents involving the use of chemical restraints.

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

GOVERNMENT GROWTH IMPACT

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

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

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

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

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

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

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

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

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

PUBLIC COMMENTS

STATUTORY AUTHORITY

The new and amended sections are proposed under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities.

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

§343.800. Definitions.

The following words and terms, when used in this subchapter [~~chapter~~], shall have the following meanings[,] unless otherwise expressly defined within the chapter.

(1) Approved Personal Restraint Technique--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.

(2) Approved Mechanical Restraint Devices--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. TJJD-approved mechanical restraint devices are limited to the following:

(A) Ankle Cuffs--A 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) Restraint Bed--A professionally manufactured and commercially available bed or integrated bed attachments that are specifically designed to facilitate safe human restraint.

(E) Restraint Chair--A professionally manufactured and commercially available restraint apparatus specifically designed for safe human restraint. The device restrains a subject in an upright, sitting position by restricting the subject's extremities, upper leg area, and torso with soft restraints. The apparatus may be fixed or wheeled for relocation.

(F) 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.

(G) Wristlets--A cloth or leather band designed to be fastened around the wrist that may be secured to a waist belt or used in a non-ambulatory mechanical restraint.

(3) Approved Chemical Restraint Device--A professionally manufactured and commercially available defense spray containing Oleoresin Capsicum (i.e., OC pepper spray) that has been approved by TJJD for use as allowed by this chapter.

(4) [~~(3)~~] Chemical Restraint--The application of a chemical agent on one or more residents.

(5) Detention Supervisor--Regardless of title, the certified juvenile supervision officer serving as the assistant to the shift supervisor during the current shift.

(6) Dorm Supervisor--Regardless of title, the highest ranking certified juvenile supervision officer assigned to a dorm during the current shift.

(7) [~~(4)~~] Four-Point Restraint--The use of approved mechanical restraint devices on each of a resident's wrists and ankles to secure the resident in a supine position to a restraint bed.

(8) [~~(5)~~] Mechanical Restraint--The application of an approved mechanical restraint device.

(9) [~~(6)~~] Non-Ambulatory Mechanical Restraint--A method of prohibiting a resident's ability to stand upright and walk with the use of a combination of approved mechanical restraint devices, cuffing techniques, and the subject's body positioning. The four-point restraint and restraint chair are examples of acceptable non-ambulatory mechanical restraints.

(10) [~~(7)~~] Personal Restraint--The application of an approved personal restraint technique.

(11) [~~(8)~~] Physical Escort--Touching or holding a resident with a minimum use of force for the purpose of directing the resident's movement from one place to another. A physical escort is not considered a personal restraint.

(12) [~~(9)~~] Protective Devices--Professionally manufactured devices used for the protection of residents or staff that do not restrict the movement of a resident. Protective devices are not considered mechanical restraint devices.

(13) Reasonable Belief--A belief that would be held by a similarly trained staff considering the facts and circumstances known by the actor at the time of the incident.

(14) [~~(10)~~] Restraint--The application of an approved personal restraint technique, an approved mechanical restraint device, or a chemical agent to a resident so as to restrict the individual's freedom of movement.

(15) [~~(11)~~] Riot--A situation in which three or more persons 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.

(16) Serious Bodily Injury--An injury that creates a substantial risk of death, serious permanent disfigurement, or extended loss or impairment of the function of any bodily member or organ.

(17) Security Personnel--Staff persons whose primary responsibility is to patrol the facility and respond to security-related incidents.

(18) Shift Supervisor--The highest-ranking certified juvenile supervision officer below the facility administrator working at the facility during the current shift.

(19) [~~(12)~~] Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices or in conjunction with a restraint bed or restraint chair. These devices are designed to reduce the incidence of skin, nerve, and muscle damage to the subject's extremities.

§343.816. Chemical Restraints.

(a) In addition to the requirements found in §§343.802, 343.804, and 343.806 of this chapter, the use of chemical restraints shall be governed by the criteria in this section.

(b) Chemical restraints may be used only if the juvenile board has approved such use.

(c) If the juvenile board has approved the use of a chemical restraint, the juvenile board shall develop policies that are compliant with this section and that specify:

(1) the specific chemical restraint device that has been approved;

(2) which staff are authorized to use the approved chemical restraint device;

(3) which staff are authorized to routinely carry the approved chemical restraint device on their person;

(4) the training curriculum required for staff to be authorized to use the approved chemical restraint device;

(5) the procedures for controlling the chemical restraint devices, including procedures for staff to obtain and return the approved chemical restraint device, to include weighing the device at the time it is assigned and returned to storage as well as after each use; and

(6) the procedures to be followed after the use of chemical restraints, to include decontamination procedures and post-incident review.

(d) Only approved chemical restraint devices, as defined by this subchapter, may be used.

(e) Chemical restraint devices must be stored in a locked area and must be carefully controlled at all times.

(f) Only staff with an active certification as a juvenile supervision officer who have been trained in the use of the facility's approved chemical restraint device are authorized to use it. The training curriculum must include a requirement that the juvenile supervision officer be sprayed with the chemical restraint device if:

(1) the juvenile supervision officer is being trained in using the approved chemical restraint for the first time as an employee of the facility; and

(2) exposure to OC is not medically contraindicated for the staff member.

(g) The only staff who may be authorized to routinely carry the approved chemical restraint device on-person are the facility administrator, assistant facility administrator, shift supervisor, detention supervisor, dorm supervisor, and security personnel.

(h) Except as provided in subsection (j) of this section, chemical restraints are authorized for use only when non-physical interventions or other physical interventions have failed or are not practical and it is reasonably believed necessary to:

(1) quell a riot or major campus disruption;

(2) resolve a hostage situation;

(3) remove residents from behind a barricade in a riot or self-harm situation;

(4) secure an object that is being used as a weapon and that is capable of causing serious bodily injury;

(5) protect residents, staff, or others from imminent serious bodily injury; or

(6) prevent escape.

(i) Any resident affected by the chemical restraint, regardless of whether the resident was directly sprayed, must be decontaminated with cool water as soon as the purpose of the restraint has been achieved. Immediately following decontamination, a health care professional must be contacted to examine and, if necessary, treat and monitor all residents and staff affected by the chemical restraint.

(j) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, the authorized user of a chemical restraint must obtain authorization from the facility administrator prior to each use. Standing orders authorizing chemical restraints are prohibited.

(k) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, chemical restraints are not authorized for use on a resident when a medical provider has diagnosed the resident with a chronic, serious respiratory problem or other serious health condition identified by or known to the facility (e.g., significant eye problems, known history of severe allergic reaction to OC, or serve dermatological problems).

(l) A facility that is authorized to use chemical restraints that accepts residents from other counties is required to ensure those counties are aware that the facility authorizes the use of chemical restraints.

[In addition to the requirements found in §§343.802, 343.804, and 343.806 of this chapter, the use of chemical restraints shall be governed by the following criteria:]

[(1) chemical restraints shall only be used in response to episodes of resident riot and only then when other forms of approved restraints are deemed to be inappropriate or ineffective;]

[(2) the use of chemical restraints shall receive incident-specific authorization from the facility administrator. Standing orders authorizing chemical restraints are prohibited;]

[(3) chemical restraints are restricted to professionally manufactured and commercially available defense sprays and vaporizing agents containing either Oleoresin Capsicum (i.e., OC pepper sprays) or Orthochlorobenzalmalonoitrile (i.e., tear gas);]

[(4) chemical restraint deployment devices shall be stored in a locked area, and the issuance of these devices to juvenile supervision officers shall not commence until the facility administrator's authorization has been provided;]

[(5) chemical restraints shall not be used on a resident when he or she is in a personal or mechanical restraint, or otherwise under control;]

[(6) immediately following the use of a chemical restraint, the exposed resident shall be visually or physically examined by a health care professional and provided treatment if necessary; and]

[(7) chemical agent compatible neutralizers or decontaminants shall be readily available for use on residents who have been exposed to chemical restraints.]

§343.817. Use of Force Review Board.

(a) Each facility that is authorized to use chemical restraints must have a use of force review board consisting of the facility administrator and other staff, as designated by the juvenile board in policy.

(b) The use of force review board reviews each use of force involving chemical restraints no later than 14 calendar days after the restraint.

(1) determine whether facility policies were properly applied;

(2) determine whether documentation was accurate and complete;

(3) identify training needs; and

(4) identify ways to expand prevention efforts.

(d) Written document of the names of all in attendance, a list of each incident reviewed, and any corrective actions recommended must be created and saved for each meeting.

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 December 12, 2025.

TRD-202504600

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING

The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC, Part 11, §344.100, Definitions; §344.300, Criminal History Checks; §344.400, Disqualifying Criminal History; §344.430, Arrest or Conviction of Currently Certified or Employed Individuals; §344.690, Credit for Training Hours for Military Service Members, Spouses, and Veterans; and §344.864, Certification Renewal Process. TJJD also proposes new 37 TAC, Part 11, §344.350, Non-Criminal History Background Checks; and §344.360, Review of Applicant's Prior History.

SUMMARY OF CHANGES

Amendments to §344.100 will include adding definitions of direct contact with a juvenile and search engine for multi-agency reportable conduct (SEMARC).

Amendments to §344.300 will include adding that criminal history checks must be done for those who may have direct contact with a juvenile in a juvenile justice facility and who is an employee, volunteer, intern, or individual providing goods or services under contract on the premises of a juvenile justice facility or program.

Amendments to §344.400 will include: 1) adding that a person convicted of or placed on deferred adjudication for conviction for an offense under §§21.02. 22.011, 22.021, or 25.05, Penal Code, is prohibited from holding any position that allows direct contact with a juvenile; 2) specifying this does not apply retroactively to those certified before the effective date of the changes unless the certification expires; and 3) modifying language related to inapplicability dates.

Amendments to §344.430 will include: 1) clarifying that a police report must be provided as soon as practicable when reporting an arrest, in addition to any other information available; and 2) adding that, in addition to removing a person from unsupervised access to juveniles, those with direct contact with juveniles must also be removed if convicted or placed on deferred adjudication.

Amendments to §344.690 will include: 1) modifying language regarding certification for military service members, military veterans, and military spouses eligible for certification if they hold a current license in another state, to be consistent with changes to Chapter 55, Occupations Code; 2) adding that the military provisions apply to a juvenile probation officer certification; 3) adding a requirement for the applicant seeking certification under this section to provide the statutorily required documents; 4) adding a requirement for TJJD to maintain a list of states with similar-in-scope licenses and to post the information on its website, as provided in Chapter 55, Occupations Code; and 5) adding a requirement for TJJD to maintain a record of each complaint made against military service members, military veterans, and military spouses certified under this section, as provided in Chapter 55, Occupations Code

Amendments to §344.864 will include adding a requirement to provide verification that a SEMARC check was conducted no earlier than 14 days before a certification renewal application was submitted and that the person did not appear in a search result

New §344.350 and §344.360 modify and republish information contained in the current §§344.350, 344.360, and 344.370, which are simultaneously proposed for repeal.

Key additions and revisions to §344.350 will include: 1) reorganizing existing criminal background check requirements and adding that they also apply to any person who may have direct contact with a juvenile; 2) adding a requirement to conduct checks using the soon-to-be implemented SEMARC for all persons in positions requiring certification or otherwise having direct contact with or unsupervised access to a juvenile; 3) specifying that, if a person is found in TJJD's registry, the person may not be placed in the position; 4) requiring subsequent checks when certification is renewed or, for those without a certification, every two years, consistent with the statutory requirement to establish in rule a requirement for periodic search queries of existing employees and others who have contact with juveniles; 5) adding a requirement to conduct an employment verification, as required by new Chapter 811, Health and Safety Code, for any person who may have unsupervised access to or direct contact with a juvenile in a facility, for the purpose of determining whether the person has a history of harassment in the workplace or abuse, neglect, or exploitation of a child or member of another vulnerable population; 6) establishing that, if employment verification reveals that a person engaged in physical or sexual abuse of a child constituting the offenses of continuous sexual abuse of a young child or disabled individual, sexual assault, aggravated sexual assault, or prohibited sexual conduct, even if not convicted, the person is prohibited from having direct contact with a juvenile in a facility; 7) establishing that, if employment verification reveals that a person engaged in harassment in the workplace or any other type of abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population, the person is prohibited from having direct contact with a juvenile in a facility; 8) establishing that, even though the employment verification check is only required for people who will provide services in a facility, it is required before any person may do so, even if the person is already serving in a role that required the other checks; 9) modifying the current requirement to conduct a check related to a required self-disclosure form related to a history of abuse, neglect, exploitation, or mistreatment and certain actions on a certification to provide that portions of the disclosed history that have been checked through SEMARC or the employment verification check do not need to be duplicated; and 10) adding a requirement that all verifications under this section be performed using the person's current name and all former names, establishing requirements to maintain records, and adding a requirement to report to TJJD discrepancies between what the person reports and what is discovered through the background checks.

Key additions and revisions to §344.360 will include providing additional information on the review process by the juvenile board or designee, to include the purpose of the review and the use of a form promulgated by TJJD, which must be maintained.

FISCAL NOTE

PUBLIC BENEFITS/COSTS

Cameron Taylor, Policy Director, has determined that for each year of the first five years the new and amended sections are in effect, the public benefit anticipated as a result of administering the sections will be to clarify the process for criminal history checks and background checks and to bring TJJD into compliance with new and revised statutory requirements pertaining to establishing a search engine for multi-agency reportable conduct (SEMARC); preventing physical and sexual abuse of children; and licensing military service members, military veterans, and military spouses.

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

GOVERNMENT GROWTH IMPACT

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

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

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

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

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

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

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

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

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

PUBLIC COMMENTS

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

37 TAC §344.100

STATUTORY AUTHORITY

The amended section is proposed under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

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 Contact with a Juvenile--The ability to: provide care, supervision, or guidance to a juvenile; to exercise any form of control over a juvenile; or to routinely interact with a juvenile.

(9) [~~(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.

(10) [~~(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.

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

(12) [~~(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 §51.12, [~~Texas~~] Family Code [~~§51.12~~];

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

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

(13) [~~(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.

(14) [~~(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.

(15) [~~(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.

(16) [~~(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.

(17) [~~(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;

(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.

(18) SEMARC (search engine for multi-agency reportable conduct)--A search engine that includes individuals who have engaged in conduct that has resulted in them being placed on a do not hire registry or having their occupational licenses revoked or that otherwise meets the definition of reportable conduct as set out in Chapter 810, Health and Safety Code.

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

Filed with the Office of the Secretary of State on December 12, 2025.

TRD-202504602

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

SUBCHAPTER C. CRIMINAL HISTORY AND BACKGROUND CHECKS

37 TAC §§344.300, 344.350, 344.360

STATUTORY AUTHORITY

The new and amended sections are proposed under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

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

§344.300. Criminal History Checks.

(a) Department or facility policy must prohibit the following from having direct, unsupervised access to juveniles in a juvenile justice program or facility [~~by the following~~]:

(1) any person with a disqualifying criminal history as described in §344.400 of this chapter; and

(2) any person with a criminal history described in §344.410(a) of this chapter, unless the person's criminal history has been reviewed by TJJD or the juvenile board or designee, as appropriate, and the review results in a determination that the person is not ineligible for certification, employment, or service in the position.

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

(1) an individual who is in a position requiring certification;

(2) an individual who is in a position eligible for optional certification who is seeking certification; [~~and~~]

(3) 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 neither requiring certification nor eligible for optional certification;

(B) an employee in a position eligible for optional certification who is not seeking certification;

(D) an intern; or

(E) an individual who provides goods or services under contract on the premises of a juvenile justice facility or program, except as provided in subsection (c) of this section; and

(4) an individual who may have direct contact with juveniles in a juvenile justice facility and who is:

(A) an employee in a position neither requiring certification nor eligible for optional certification;

(B) an employee in a position eligible for optional certification who is not seeking certification;

(D) an intern; or

(E) an individual who provides goods or services under contract on the premises of a juvenile justice facility or program, except as provided in subsection (c) of this section.

(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 ensure the criminal history is reviewed as specified in this chapter and must ensure the reviewing entity has determined the person is not ineligible for certification, employment, or providing services based on the person's criminal history, in accordance with this chapter.

(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, individuals listed as a juvenile's approved visitors, or any other individual not listed in subsection (b) of this section.

§344.350. Non-Criminal History Background Checks.

(a) Checks Using TJJD's Certification System.

(1) Before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, a department or facility must use TJJD's certification system to verify that the person:

(A) has not had a TJJD certification revoked;

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

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

(2) A person who has had a TJJD certification revoked, has been designated as ineligible for TJJD certification, or is currently under an order of active suspension issued by TJJD may not hold a position that requires certification or that allows for direct contact with or direct, unsupervised access to a juvenile in a juvenile facility or program. A review under §344.360 of this chapter may not be requested.

(3) A person who is currently ineligible to take the certification exam may not hold a position that requires certification. A review under §344.360 of this chapter may not be requested.

(b) Checks Using the Search Engine for Multi-Agency Reportable Conduct (SEMARC).

(1) Before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, a department or facility must use the search engine for multi-agency reportable conduct (SEMARC) to determine if the applicant has been included in any do-not-hire or similar registry of TJJD or the other participating state agencies.

(2) If the person has been included in TJJD's registry, the person is not eligible for certification and is not eligible to serve in a position that may be placed in direct contact with juveniles or have direct, unsupervised access to juveniles. A review under §344.360 of this chapter may not be requested.

(3) If the search results in a finding that the person has been included in any other agency's registry, the person is not eligible for certification and is not eligible to serve in a position that may be placed in direct contact with juveniles or have direct, unsupervised access to juveniles unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.

(4) A SEMARC check must be conducted as part of the certification renewal process for each person with a certification. A SEMARC check must be conducted every two years for persons who are not certified as juvenile probation officer, juvenile supervision officer, or community activities officer. If the subsequent check results in a finding that the person is included in the SEMARC registry, the person must be immediately removed from having any contact with juveniles and TJJD's certification office must be immediately notified. TJJD will conduct a review and determine if it will take action on the certification or, if the person is not certified, if it will take action to make the person ineligible for certification. The person may not return to a position having any contact with juveniles until TJJD informs the department or facility that such is permissible.

(5) As provided by Chapter 810, Health and Safety Code, SEMARC may be used only for the purpose of making decisions about certification, employment, or other service. Information received through SEMARC is confidential and excepted from disclosure under Chapter 552, Government Code.

(1) Before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position in a facility that may be placed in direct contact with a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, a facility must conduct an employment verification with all previous employers, which includes contacting the previous employers, to the extent possible, in accordance with Chapter 811, Health and Safety Code.

(2) The purpose of the employment verification is to determine if the person was terminated for or otherwise disciplined for conduct that included harassment in the workplace or abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population or, if the employer is one that serves children or other vulnerable populations, if any of the criteria in subsection (d)(1) of this section exist.

(3) If the employment verification reveals that a person engaged in physical or sexual abuse of a child constituting an offense under §21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), §22.011 (Sexual Assault), §22.021 (Aggravated Sexual Assault), or §25.02 (Prohibited Sexual Conduct), Penal Code, even if not convicted, the person is not eligible to serve in any position in a facility that may be placed in direct contact with a juvenile. A review under §344.360 of this chapter may not be requested.

(4) If the employment verification reveals that a person engaged in harassment in the workplace or any other type of abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population or that any of the criteria in subsection (d)(1) of this section exist, the person is not eligible for certification and may not serve in a position in a facility that may be placed in direct contact with a juvenile unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.

(5) The employment verification under this section applies only to individuals who will provide services in a facility. However, the employment verification is required before any person may begin service in a facility in a role described in paragraph (1) of this subsection, even if the person is already serving in a role not in a facility that required the other checks and verifications in this chapter.

(d) Self-Disclosure Form and Checks.

(1) Before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, a department or facility must require the person to complete a form promulgated by TJJD that requires the applicant to disclose and provide additional information, if applicable, regarding whether the applicant ever:

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

(B) had the employment, contract, volunteer, or other status suspended or terminated;

(D) had a finding of abuse, neglect, exploitation, or mistreatment made against the applicant; or

(E) had the applicant's name placed on a do-not-hire or similar registry with an entity that provides services to or regulation of services for children or members of other vulnerable populations.

(2) Except as provided by paragraph (3) of this subsection, the department or facility must, to the extent possible, contact all entities identified on the form completed in accordance with paragraph (1) of this subsection and verify whether or not the person's history includes one or more of the criteria in paragraph (1)(B)-(E) of this subsection.

(3) Entities that are identified on the form do not have to be contacted if they participate in SEMARC or are contacted as part of the employment verification check required under subsection (c) of this section.

(4) If it is determined through the check that the person's history includes one or more of the criteria in paragraph (1)(B)-(E) of this subsection, the person is not eligible for certification and may not serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.

(e) Rules of General Applicability

(1) All checks and verifications required by this subsection must be conducted using the applicant's current name and all prior names.

(2) With the exception of a search using SEMARC, a written record of the check or verification must be maintained, to include the name of the person conducting the check or verification, the date the check or verification was conducted, and the information received as a result of the check or verification, to include the name of anyone who provided such information. SEMARC search histories will automatically be created in the system.

(3) If any checks or verifications conducted under this chapter reveal a discrepancy between the results and the information the person reported regarding the person's history, the department or facility must report the discrepancy to TJJD. A person's failure to accurately disclose the information requested on the form referenced in subsection (a) of this section is considered a violation of the Code of Ethics and may result in termination of service in the position, denial of certification, designation of ineligibility for certification, or revocation of certification.

(4) If a review is allowable based on the results of a check or verification and the department or facility wishes to select the person despite the history, a review must be requested as provided in §344.360 of this chapter. The person may not be hired or otherwise approved to serve in a position until the review process is completed and the outcome is a determination that the person will not be prevented from being certified or from serving in the position, as applicable.

§344.360. Review of Applicant's Prior History.

(a) Request for Review.

(1) A request for review under §344.350 of this chapter regarding a person being considered for a position requiring certification or for which the department or facility is seeking optional certification must be submitted to TJJD's certification office via email using a form promulgated by TJJD, the completion of which may require the department or facility to obtain additional information from the person, the entity with which the person held a position, and/or the agency that licensed the person or the entity with which the person held a position.

(2) Except as provided by paragraph (3) of this subsection, a request for review under §344.350 of this chapter regarding a person being considered for a position not requiring certification or for which optional certification will not be sought must be submitted to the juvenile board or designee using a form promulgated by TJJD, the completion of which may require the department or facility to obtain additional information from the person, the entity with which the person held a position, and/or the agency that licensed the person or the entity with which the person held a position. The juvenile board shall maintain designations under this paragraph in writing.

(3) All reviews requested based on the results of a SEMARC search, regardless of the position the person is being considered for, must be submitted to TJJD's certification office via email using a form promulgated by TJJD, the completion of which may require the department or facility to obtain additional information from the person, the entity with which the person held a position, and/or the agency that licensed the person or the entity with which the person held a position.

(4) The request for review described in this subsection is required only if the department or facility wants to employ, contract with, accept the individual as a volunteer, or otherwise select the person for a position.

(b) Review by Juvenile Board.

(1) A review by the juvenile board or designee under this section must take into account the facts of the conduct engaged in by the person, the length of time since the conduct occurred, and the nature and experience of the person before and after the conduct occurred to determine if the person having direct contact with or direct, unsupervised access to juveniles poses a threat of harm. The juvenile board may seek additional information if warranted.

(2) The review must be conducted using a form promulgated by TJJD. The form must be fully completed and maintained and must including the name of the person(s) conducting the review, the date of the review, and the final decision and justification therefore.

(3) The juvenile board or designee's decision is final and not subject to appeal.

(1) A review by TJJD under this section must take into account the facts of the conduct engaged in by the person, the length of time since the conduct occurred, and the nature and experience of the person before and after the conduct occurred to determine if the person having direct contact with or direct, unsupervised access to juveniles poses a threat of harm. TJJD may seek additional information if warranted.

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

(3) Upon receipt of an appeal, the executive director shall review the matter and determine if the person should be denied a certification or denied from serving in the requested position, as applicable. The executive director's response shall be in writing. The executive director's decision is final and not subject to appeal.

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

Filed with the Office of the Secretary of State on December 12, 2025.

TRD-202504603

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

SUBCHAPTER D. DISQUALIFYING CRIMINAL HISTORY

37 TAC §344.400, §344.430

STATUTORY AUTHORITY

The amended sections are proposed under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

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 certification or for employment in a position requiring certification:

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

(2) deferred adjudication or conviction for a sexually violent offense as defined in Article 62.001, Texas Code of Criminal Procedure, or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD), regardless of the date of disposition.

(b) 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)(3) of this chapter.

(c) Additional Prohibitions Based on Criminal History. An individual who has been convicted of or placed on deferred adjudication for an offense under §21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), §22.011 (Sexual Assault), §22.021 (Aggravated Sexual Assault), or §25.02 (Prohibited Sexual Conduct), Penal Code, is prohibited from holding a position as an employee, volunteer, or independent contractor and from holding any other position that allows direct contact with a juvenile.

(d) [~~(c)~~] General Provisions.

(1) Subsection (a)(1) of this section does not apply to individuals certified before February 1, 2018, unless the certification expires.

(2) Subsection (a)(1) of this section does not apply to individuals in a position listed in §344.300(b)(3) of this chapter who began service provision before February 1, 2018, with no break in service after that date.

(3) Subsection (a)(2) of this section does not apply to individuals certified before December 30, 2022, [~~the most recent effective date of this section~~] unless the certification expires.

(4) Subsection (a)(2) of this section does not apply to individuals in a position listed in §344.300(b)(3) of this chapter who began service provision before December 30, 2022, [~~the most recent effective date of this section~~] with no break in service after that date.

(5) Subsection (c) of this section does not apply to individuals in a position to which the subsection applies who began service provision before the most recent effective date of this section with no break in service after that date.

§344.430. Arrest or Conviction of Currently Certified or Employed Individuals [~~Current Employees~~].

(a) This section applies to individuals employed by, under contract with, or otherwise providing services at a department or facility who are certified or for whom the department or facility is seeking certification, whether they are serving in a position requiring certification or in a position for which certification is optional under §344.802 of this chapter.

(b) If a department or facility receives notification that an individual to whom this section applies has been arrested for criminal conduct described in §344.400(a) or §344.410(a) of this chapter, the department or facility must notify TJJD's certification office in writing no later than 10 calendar days after receiving notice of the arrest. The department or facility must, as soon as practicable, provide copies of related reports, completed by any participating law enforcement agency and any available [~~provide~~] information regarding the circumstances of the arrest and must respond to any questions from TJJD regarding the arrest.

(c) If a department or facility receives notification that an individual to whom this section applies has been convicted of or placed on deferred adjudication for criminal conduct described in §344.400(a) or §344.410(a) of this chapter, the department or facility must:

(1) remove the person from the position requiring certification and from any position allowing the person direct, unsupervised access to juveniles; [~~and~~]

(2) if the person and the conduct are covered under §344.400(c), remove the person from any position allowing direct contact with juveniles in a facility; and

(3) [~~(2)~~] notify TJJD's certification office in writing no later than 10 calendar days after receiving such notice. The department or facility must provide information regarding the conviction or deferred adjudication and respond to any questions from TJJD regarding the disposition.

(d) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in §344.400(a) of this chapter, TJJD will:

(1) deny certification if the person is not yet certified; or

(2) revoke certification if the person is certified.

(e) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in §344.410(a) of this chapter, TJJD will conduct the review described in §344.420 to determine if certification should be denied if the person is not yet certified or if certification should be revoked or suspended if the person is certified.

(f) Notwithstanding subsection (d) of this section, TJJD will revoke or deny certification if the individual is imprisoned following a felony conviction, revocation of community supervision, revocation of probation, or revocation of mandatory supervision.

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 December 12, 2025.

TRD-202504604

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

SUBCHAPTER E. TRAINING AND CONTINUING EDUCATION

37 TAC §344.690

STATUTORY AUTHORITY

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

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

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

(1) holds a current license issued by another state that is similar in scope of practice [~~jurisdiction with licensing requirements that are substantially similar~~] to TJJD's certification requirements for a juvenileprobation officer, supervision officer, or community activities officer, as determined by TJJD, and that is in good standing with the other state's licensing authority; or

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

(b) A person is considered in good standing with another state's licensing authority if the person:

(1) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;

(2) has not been disciplined by the licensing authority with respect to the license or person's practice of the occupation for which the license is issued; and

(3) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.

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

(d) [~~(c)~~] No credit may be given for topics required by §§344.620, 344.622, 344.624, or 344.626.

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

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

(g) In order to receive a certification as provided by this section, a person to whom this section applies must submit the documents required by §55.0041, Occupations Code.

(h) TJJD shall maintain a list of states that issue licenses similar in scope of practice to those issued by TJJD and post this information on its website.

(i) TJJD shall maintain a record of each complaint made against a military service member, military veteran, or military spouse that is certified as provided by this section and publish the information on its website at least quarterly, to include a brief description of the disposition of each complaint.

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 December 12, 2025.

TRD-202504605

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

SUBCHAPTER G. CERTIFICATION

37 TAC §344.864

STATUTORY AUTHORITY

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

§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.

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

(2) A certification renewal application must include verification that a SEMARC check was conducted no earlier than 14 days before the renewal application was submitted and that the person did not appear in a search result.

(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.

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 December 12, 2025.

TRD-202504606

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130

SUBCHAPTER C. CRIMINAL HISTORY AND BACKGROUND CHECKS

37 TAC §§344.350, 344.360, 344.370

The Texas Juvenile Justice Department (TJJD) proposes to repeal 37 TAC, Part 11, §§344.350, Background Checks; 344.360, Disclosure and Review of Applicant's Prior History; and 344.370, Review by TJJD Regarding Eligibility for Certification.

SUMMARY OF REPEAL

The repeal of §344.350 and §344.360 will allow the content to be revised and republished as new §344.350 and §344.360. The repeal of §344.370 will allow the substance of the section to be moved to new §344.360.

FISCAL NOTE

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

PUBLIC BENEFITS/COSTS

Cameron Taylor, Policy Director, has determined that for each year of the first five years the repeals are in effect, the public benefit anticipated as a result of administering the repeals will be to clarify the process for criminal history checks and background checks and to bring TJJD into compliance with new and revised statutory requirements pertaining to establishing a search engine for multi-agency reportable conduct (SEMARC) and preventing physical and sexual abuse of children.

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

GOVERNMENT GROWTH IMPACT

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

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

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

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

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

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

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

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

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

PUBLIC COMMENTS

STATUTORY AUTHORITY

The repeals are proposed under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

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

§344.350. Background Checks.

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

§344.370. Review by TJJD Regarding Eligibility for Certification.

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 December 12, 2025.

TRD-202504601

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 25, 2026

For further information, please call: (512) 490-7130