TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING
SUBCHAPTER
G.
The Texas Juvenile Justice Department (TJJD) proposes amendments to 37 TAC §344.804, Dual Certification.
SUMMARY OF CHANGES
The amendments to §344.804 will provide that: (1) an individual with an active certification as a juvenile supervision officer or juvenile probation officer who is seeking a dual certification is not required to retake previously completed mandatory training topics before taking the exam for the newly sought certification; and (2) the individual may not get credit for the hours of the previously taken topics toward the requirements for the additional certification unless they were taken within the prior 18 months.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the amended section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Manager, Policy Division, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be a clarification of the rules relating to instances when a previously certified juvenile officer seeks a second certification.
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 section as proposed. No private real property rights are affected by adoption of this section.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the amended section is in effect, the section will have the following impacts.
(1) The proposed section does not create or eliminate a government program.
(2) The proposed section does not require the creation or elimination of employee positions at TJJD.
(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed section does not impact fees paid to TJJD.
(5) The proposed section does not create a new regulation.
(6) The proposed section does not expand, limit, or repeal an existing regulation.
(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed section 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.
STATUTORY AUTHORITY
The amended section is 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.
§
344.804.
(a) Individuals may hold more than one certification by TJJD if they meet all criteria required for each certification and their job duties are consistent with all certifications held, except as noted in subsection (b) of this section.
(b) An individual may not hold an active certification as a juvenile supervision officer and as a community activities officer unless the individual is concurrently employed by more than one department or facility.
(c) Training received may be used for credit toward more than one type of TJJD-issued certification if the topic is relevant to each certification sought or held.
(d) An individual who has an active certification as a juvenile supervision officer or juvenile probation officer who has previously completed a mandatory training topic listed in §344.620 of this chapter (relating to Mandatory Training Topics for Certification Exam for Juvenile Probation Officers) or §344.622 of this chapter (relating to Mandatory Training Topics for Certification Exam for Juvenile Supervision Officers), as applicable, is not required to complete training in that topic again in order to receive a dual certification as a juvenile supervision officer or juvenile probation officer. However, the person may not receive credit toward the training hours required for the second certification for training completed more than 18 months prior to the date the application for the second certification is submitted to TJJD.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 1, 2025.
TRD-202501501
Jana Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 490-7278
CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
SUBCHAPTER
E.
DIVISION 1. BEHAVIOR MANAGEMENT
37 TAC §380.9520The Texas Juvenile Justice Department (TJJD) proposes to repeal 37 TAC §380.9520, Cooling-Off Period for Youth Out of Control.
SUMMARY OF REPEAL
The repeal of §380.9520 will allow the content to be revised, combined with the content from the simultaneously repealed §380.9739, Isolation, and republished together as new §380.9520, Regulation Break for Youth out of Control.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the repeal is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the repeal.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Manager, Policy Division, has determined that for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of administering the repeal will be to consolidate and clarify the rules pertaining to when a disruptive youth may be removed temporarily from planned activities.
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 repeal as proposed. No private real property rights are affected by the repeal.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the repeal is in effect, the repeals will have the following impacts.
(1) The proposed repeal does not create or eliminate a government program.
(2) The proposed repeal does not require the creation or elimination of employee positions at TJJD.
(3) The proposed repeal does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed repeal does not impact fees paid to TJJD.
(5) The proposed repeal does not create a new regulation.
(6) The proposed repeal does not expand, limit, or repeal an existing regulation.
(7) The proposed repeal does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed repeal 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.
STATUTORY AUTHORITY
The repeal is proposed under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
No other statute, code, or article is affected by this proposal.
§
380.9520.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 1, 2025.
TRD-202501502
Jana Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 490-7278
37 TAC §380.9520
The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §380.9520, Regulation Break for Youth out of Control.
SUMMARY
New §380.9520 will incorporate elements of two sections being simultaneously repealed: previous §380.9520 and §380.9739. To the elements from those two sections, new §380.9520 will add two new designations for the temporary removal of youth from planned activity, as follows: (1) regulation breaks, which are voluntary or staff-directed breaks in an unlocked room; and (2) directed regulation breaks, which are staff-directed breaks in a locked room.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Manager, Policy Division, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of administering the section will be to consolidate and clarify the rules pertaining to when a disruptive youth may be removed temporarily from planned activities.
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 section as proposed. No private real property rights are affected by adoption of the section.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.
(1) The proposed section does not create or eliminate a government program.
(2) The proposed section does not require the creation or elimination of employee positions at TJJD.
(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed section does not impact fees paid to TJJD.
(5) The proposed section does not create a new regulation.
(6) The proposed section does not expand, limit, or repeal an existing regulation.
(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed section 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.
STATUTORY AUTHORITY
The new section is proposed under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
No other statute, code, or article is affected by this proposal.
§
380.9520.
(a) Purpose. This rule provides for the temporary removal of a youth as a regulation break when the youth appears to have temporarily lost control of behavior, including short-term confinement in a locked room if the youth meets certain criteria. The regulation break is intended to allow the youth time to regain self-control, avoid maladaptive or dangerous behaviors, and demonstrate skillful behaviors and commitment to safety. Removal addressed in this rule is not a disciplinary consequence and is generally in a location near the activity in process.
(b) Definitions.
(1) Regulation Break--the temporary removal of a youth from an activity at the request of either staff or the youth and placement of the youth in an unlocked area.
(2) Directed Regulation Break--the confinement of a youth in a locked room when the youth is out of control and the youth's behavior poses a serious and immediate physical danger to others.
(c) Applicability.
(1) This rule applies to residential facilities operated by the Texas Juvenile Justice Department.
(2) This rule does not apply to a youth referred to the Security Program. See §380.9740 of this chapter (relating to Security Program).
(d) General Provisions.
(1) Regulation Break.
(A) The purpose of a regulation break is to allow a youth who appears to have temporarily lost control of the youth's behavior the ability to be removed from the current program and placed in an unlocked area to allow the youth time to regain self-control.
(B) Either the youth or staff may request that a youth be placed on a regulation break. A youth's group may not request the youth be placed on a regulation break.
(C) If staff request the regulation break, the reason for the request is explained to the youth, and the youth is given the opportunity to explain the maladaptive behavior and demonstrate skillful behavior and commitment to safety. The youth may assist in determining readiness to resume regular activity.
(D) The youth must be joined or visually checked by staff at least every 15 minutes. The youth may require more frequent checks under a different rule or policy.
(2) Directed Regulation Break
(A) A youth may be placed on a directed regulation break if the youth is out of control and the youth's behavior poses a serious and immediate physical danger to others.
(B) A directed regulation break occurs in a locked room.
(C) The directed regulation break must be in individual youth sleeping quarters or a room specifically designated for directed regulation breaks. The room must:
(i) be heated, cooled, and ventilated;
(ii) have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point of the ceiling; and
(iii) be equipped with a viewing window that allows staff to observe the youth.
(D) The reason for the directed regulation break is explained to the youth, and the youth is given the opportunity to explain the maladaptive behavior and demonstrate skillful behavior and commitment to safety.
(E) The youth must be joined or visually checked by staff at least every 15 minutes. The youth may require more frequent checks under a different rule or policy.
(F) The directed regulation break must be terminated as soon as the youth is sufficiently under control as to no longer pose a serious and immediate danger to others. The youth may assist in determining readiness to resume regular activity.
(G) Youth in a directed regulation break must receive room checks and appropriate psychological and medical services.
(H) A directed regulation break may not be used for a youth on suicide alert status.
(I) Youth may not be placed in a directed regulation break if the youth requested the regulation break unless the youth is out of control and the youth's behavior poses a serious and immediate physical danger to others.
(e) Institutions.
(1) The total time a youth may be on a regulation break and/or a directed regulation break is 180 minutes, regardless of whether one or both types of breaks are used.
(2) If a youth on a regulation break exhibits an escalation in behavior to the point that the youth is out of control and the behavior poses a serious and immediate physical danger to others and less restrictive interventions have failed, the youth may be placed in a directed regulation break for the remaining portion of the 180 minutes. If the youth is unable to regain control after 180 minutes, staff should take other measures, such as referring the youth to the regulation and safety unit.
(3) Combining regulation breaks to circumvent the intent of the time limit is prohibited.
(f) Halfway Houses.
(1) A regulation break is limited to 90 minutes. If the youth is unable to regain control after 90 minutes, staff should take other measures. Directed regulation breaks are not permissible in halfway houses.
(2) Youth may not be placed in a regulation break in their bedrooms.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 1, 2025.
TRD-202501504
Jana Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 490-7278
SUBCHAPTER
F.
The Texas Juvenile Justice Department (TJJD) proposes the repeal of 37 TAC §380.9739, Isolation.
SUMMARY OF CHANGES
Section 380.9739 is proposed for repeal so that its content can be revised and included in a new version of 37 TAC §380.9520.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the repeal is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the repeal.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Manager, Policy Division, has determined that for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of administering the repeal will be to consolidate and clarify the rules pertaining to when a disruptive youth may be removed temporarily from planned activities.
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 repeal as proposed. No private real property rights are affected by the repeal.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the repeal is in effect, the repeals will have the following impacts.
(1) The proposed repeal does not create or eliminate a government program.
(2) The proposed repeal does not require the creation or elimination of employee positions at TJJD.
(3) The proposed repeal does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed repeal does not impact fees paid to TJJD.
(5) The proposed repeal does not create a new regulation.
(6) The proposed repeal does not expand, limit, or repeal an existing regulation.
(7) The proposed repeal does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed repeal 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.
STATUTORY AUTHORITY
The repeal is proposed under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
No other statute, code, or article is affected by this proposal.
§
380.9739.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 1, 2025.
TRD-202501503
Jana Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 490-7278
37 TAC §380.9742
The Texas Juvenile Justice Department (TJJD) proposes new 37 TAC §380.9742, Security Unit Admission Pending Program or Facility Transition.
SUMMARY
New §380.9742 will establish criteria and procedures for temporarily allowing youth to be admitted to the security unit while awaiting transportation to another high-restriction facility within 48 hours, transportation to the Correctional Institutions Division of the Texas Department of Criminal Justice, transportation to a court hearing, or reassignment to the intervention program within TJJD.
FISCAL NOTE
Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.
PUBLIC BENEFITS/COSTS
Cameron Taylor, Senior Manager, Policy Division, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of administering the section will be the establishing of criteria and procedures for admitting youth temporarily to the security unit under certain circumstances.
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 section as proposed. No private real property rights are affected by adoption of this section.
GOVERNMENT GROWTH IMPACT
TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.
(1) The proposed section does not create or eliminate a government program.
(2) The proposed section does not require the creation or elimination of employee positions at TJJD.
(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.
(4) The proposed section does not impact fees paid to TJJD.
(5) The proposed section does not create a new regulation.
(6) The proposed section does not expand, limit, or repeal an existing regulation.
(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.
(8) The proposed section 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.
STATUTORY AUTHORITY
The new section is proposed under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to the proper accomplishment of TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
No other statute, code, or article is affected by this proposal.
§
380.9742.
(a) Purpose. The purpose of this rule is to establish criteria and procedures for temporarily admitting Texas Juvenile Justice Department (TJJD) youth to the security unit if certain criteria are met.
(b) Applicability. This rule applies to youth assigned to a high-restriction facility operated by or under contract with TJJD who are awaiting:
(1) transportation to another TJJD high-restriction facility that is scheduled to occur within the next 48 hours;
(2) transportation to the Texas Department of Criminal Justice- Correctional Institutions Division (TDCJ-CID);
(3) transportation to a court hearing; or
(4) reassignment to the intervention program, as described under §380.9510 of this chapter (relating to Intervention Program).
(c) General Provisions.
(1) All standard security unit services (e.g., recreation, education) required in §380.9740 of this chapter (relating to Security Program) shall be provided while the youth is in the security unit under this rule.
(2) The referring staff must make a written request for admission to the director overseeing secure facilities or designee. Such written request is required for admission.
(3) The referring staff is responsible for ensuring that the following items are present at the time of referral:
(A) written statement including the purpose of admission, with supporting documentation (e.g., any incident reports or arrest reports, court orders, routine facility transfer documentation);
(B) medical subfile or copies of pertinent medical records, if electronic records are unavailable;
(C) documentation of any medication the youth is taking;
(D) copy of the written request for a court hearing, if applicable;
(E) Level II hearing finding of true for intervention-program-eligible conduct, if applicable; and
(F) expected length of stay in the security unit.
(4) Security staff are responsible for admitting, processing, and releasing youth from the security unit. Designated staff in the security unit will conduct a review to determine whether admission criteria have been met. A mental health review for contraindications is conducted to determine if placement in the security unit is appropriate.
(5) Youth are released from the security unit upon departing from the sending facility or, if no transportation is involved, upon reassignment to the intervention program.
(6) Youth are released from the security unit if the grounds for holding them in the security unit cease to exist (e.g., court hearing is canceled, youth is not admitted to the intervention program).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 1, 2025.
TRD-202501505
Jana Jones
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 490-7278