reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.006. Medicaid Benefits

Sec. 203.006.  MEDICAID BENEFITS.  The department shall:
(1)  identify areas in which federal Medicaid program benefits could be used in a manner that is cost-effective for juveniles in the juvenile justice system;
(2)  develop a program to encourage application for and receipt of Medicaid benefits;
(3)  provide technical assistance to counties relating to eligibility for Medicaid benefits; and
(4)  monitor the extent to which counties make use of Medicaid benefits.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.007. Studies; Statistical Records

Sec. 203.007.  STUDIES; STATISTICAL RECORDS.  (a)  The department may conduct or participate in studies relating to corrections methods and systems and to treatment and therapy programs at the governor's request or on the department's own initiative.
(b)  The department shall continuously study the problem of juvenile delinquency in this state and the effectiveness of services provided or regulated by the department under Subtitle B or C and shall report the department's findings to the governor and the legislature before each regular legislative session.
(c)  The department shall keep records relating to juveniles within the juvenile justice system that participate in research programs or studies.
(d)  The records must show, for each calendar quarter and for each calendar year:
(1)  the number of juveniles participating in research programs or studies for the appropriate reporting period;
(2)  the type of research program or study in which each juvenile is participating;
(3)  the name of the principal investigator conducting the research program or study; and
(4)  the entity sponsoring the research program or study.
(e)  The department shall submit a report that contains the information in the records kept under Subsection (d) on or before the 15th day after the last day of the appropriate reporting period to the:
(1)  governor;
(2)  lieutenant governor;
(3)  speaker of the house of representatives; and
(4)  members of the senate and house of representatives.
(f)  A report submitted under this section is public information under Chapter 552, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.0082. Fees

Sec. 203.0082.  FEES.  If the General Appropriations Act does not specify the amount of the fee, the board by rule may establish fees that:
(1)  are reasonable and necessary;
(2)  produce revenue sufficient for the administration of this chapter; and
(3)  do not produce unnecessary revenue.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.0083. Authority to Establish Advisory Committees

Sec. 203.0083.  AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.  (a)  The board by rule may establish advisory committees to make recommendations to the board on programs, rules, and policies administered by the board.
(b)  In establishing an advisory committee under this section, the board shall adopt rules, including rules regarding:
(1)  the purpose, role, responsibility, goals, and duration of the committee;
(2)  the size of and quorum requirement for the committee;
(3)  qualifications for committee membership;
(4)  appointment procedures for members;
(5)  terms of service for members;
(6)  training requirements for members;
(7)  policies to avoid conflicts of interest by members;
(8)  a periodic review process to evaluate the continuing need for the committee; and
(9)  policies to ensure the committee does not violate any provision of Chapter 551, Government Code, applicable to the board or the committee.
(c)  The board shall establish a youth career and technical education advisory committee and adopt rules required by Subsection (b) for the committee.  The advisory committee shall assist the department with overseeing and coordinating vocational training for youth in the custody of the department, including training provided by community colleges and other local entities with which the department may partner.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.0084. Risk Factors and Risk Assessment Tools

Sec. 203.0084.  RISK FACTORS AND RISK ASSESSMENT TOOLS.  (a)  The department shall develop a comprehensive set of risk factors to use in assessing the overall risk level of the facilities and entities inspected by the department under:
(1)  Chapter 51, Family Code;
(2)  Section 221.008 of this code; and
(3)  Subtitle C, Title 12, of this code.
(b)  The risk factors described by Subsection (a) may include:
(1)  the entity type;
(2)  available programming;
(3)  past and repeat standards violations;
(4)  the volume and types of complaints received by the department;
(5)  recent leadership changes;
(6)  high staff turnover;
(7)  relevant findings from the office of independent ombudsman and the office of inspector general;
(8)  negative media attention; and
(9)  the number of months since the date of the department's last inspection of the entity.
(c)  The department shall use the risk factors developed under this section to guide the inspections process for facilities and entities described by Subsection (a) by developing risk assessment tools with clear, objective standards to use in assessing the overall risk level of each entity.
(d)  The department may develop distinct assessment tools under Subsection (c) for different entity types, as appropriate.
(e)  The department shall periodically review the assessment tools developed under this section to ensure that the tools remain up to date and meaningful, as determined by the department.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.0085. Risk-Based Inspections

Sec. 203.0085.  RISK-BASED INSPECTIONS.  (a)  The department shall adopt a policy prioritizing inspections conducted by the department under:
(1)  Chapter 51, Family Code;
(2)  Section 221.008 of this code; and
(3)  Subtitle C, Title 12, of this code.
(b)  The policy under Subsection (a) must require the department to:
(1)  prioritize the inspection of entities based on the relative risk level of each entity; and
(2)  use the risk assessment tools established under Section 203.0084 to determine how frequently and intensively the department conducts risk-based inspections.
(c)  The policy under Subsection (a) may provide for the department to use alternative inspection methods for entities determined to be low risk, including the following methods:
(1)  desk audits of key documentation;
(2)  abbreviated inspection procedures;
(3)  videoconference technology; and
(4)  other methods that are an alternative to conducting an in-person inspection.
(d)  On request by the department, a juvenile probation department or a private facility under the department's jurisdiction shall provide information on a routine basis, as determined by the department, to assist the department in implementing a risk-based inspection schedule.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.009. Public Interest Information

Sec. 203.009.  PUBLIC INTEREST INFORMATION.  The department shall prepare information of public interest describing the functions of the department and describing the procedures by which complaints are filed with and resolved by the department.  The department shall make the information available to the public and appropriate state agencies.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.010. Complaints

Sec. 203.010.  COMPLAINTS.  (a)  The department shall maintain a system to promptly and efficiently act on complaints received by the department by or on behalf of a juvenile relating to the programs, services, or facilities of the department or a local juvenile probation department.
(b)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)  Criminal complaints initially referred to the office of inspector general relating to juvenile probation programs, services, or facilities shall be sent to the appropriate local law enforcement agency.  The office of inspector general has concurrent jurisdiction on agreement with the local law enforcement agency to conduct a criminal investigation under Section 242.102.  Any other complaint shall be referred to the appropriate division of the department.  The board by rule shall establish policies for the referral of noncriminal complaints.
(d)  The department shall provide immediate notice to a local juvenile probation department of a complaint received by the department relating to the programs, services, or facilities of the local juvenile probation department.
(e)  The department shall periodically notify the complaint parties of the status of the complaint until final disposition, unless the notice would jeopardize an undercover investigation.  If the complaint relates to a claim of abuse, neglect, or exploitation involving a local juvenile probation department, the department shall provide monthly updates on the status of the complaint and immediate updates regarding department decisions to the local juvenile probation department.
(f)  The department shall keep information about each written complaint filed with the department.  The information must include:
(1)  the subject matter of the complaint;
(2)  the parties to the complaint;
(3)  a summary of the results of the review or investigation of the complaint;
(4)  the period of time between the date the complaint is received and the date the complaint is closed; and
(5)  the disposition of the complaint.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 22, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.0101. Statistical Analysis of Complaints

Sec. 203.0101.  STATISTICAL ANALYSIS OF COMPLAINTS.  (a)  The department shall make available on the department's Internet website a statistical analysis of the complaints received against certified officers by the department.
(b)  The complaint analysis under this section must include aggregate information on the number, source, type, and disposition of complaints received against certified officers during the preceding fiscal year and include the following information:
(1)  the number of certified officers by certification type;
(2)  the number of complaints against certified officers by certification type;
(3)  the number of complaints resolved and the manner of resolution, including:
(A)  the total number of agreed, default, and board orders entered;
(B)  the total number of cases referred for contested case hearings by the State Office of Administrative Hearings;
(C)  the total number of contested cases heard by the State Office of Administrative Hearings; and
(D)  the total number of contested cases that were appealed to a district court;
(4)  the average number of days required to resolve a complaint;
(5)  a detailed analysis of the resolution for each closed complaint, by the nature of the alleged violation; and
(6)  a detailed analysis of each closed complaint, by source.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 23, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.0105. Data

Sec. 203.0105.  DATA.  Any data compiled by a local juvenile probation department related to abuse, neglect, or exploitation of youth, or to complaints regarding juvenile probation programs, that is required by this chapter or by any rule to be reported to the department or local juvenile probation board shall be provided to the office of the independent ombudsman.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.011. Appeals From Decision of Executive Director

Sec. 203.011.  APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.  A juvenile probation department that is aggrieved by a decision of the executive director, including a decision relating to standards affecting juvenile probation programs, services, or facilities, may appeal the executive director's decision to the board.  The decision of the board is final and cannot be appealed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.012. Annual Financial Report

Sec. 203.012.  ANNUAL FINANCIAL REPORT.  The department  shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding fiscal year.  The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.013. Internal Audit; Report

Sec. 203.013.  INTERNAL AUDIT; REPORT.  (a)  The department shall regularly conduct internal audits of the department, including audits of:
(1)   facilities operated by and under contract with the department; and
(2)  medical services provided to children in the custody of the department.
(b)  The department shall on a quarterly basis report the results of the audits to:
(1)  the committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities; and
(2)  the state auditor.
(c)  The executive director shall acknowledge receipt of and discuss the results of internal audits with the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 24, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.014. Toll-Free Number

Sec. 203.014.  TOLL-FREE NUMBER.  (a)  The department shall establish a permanent, toll-free number for the purpose of receiving any information concerning the abuse, neglect, or exploitation of children in the custody of the department or housed in a local probation facility.
(b)  The department shall ensure that:
(1)  the toll-free number is prominently displayed in each department facility and each local probation facility;
(2)  children in the custody of the department or housed in a local probation facility and employees of the department and the facility have confidential access to telephones for the purpose of calling the toll-free number; and
(3)  the toll-free number is in operation and answered by staff 24 hours a day, every day of the year.
(c)  The office of inspector general shall operate the toll-free number required by Subsection (a) and the 24-hour incident reporting center and shall share the complaints received with the appropriate department entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 25, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.015. Programs and Services Evaluation System

Sec. 203.015.  PROGRAMS AND SERVICES EVALUATION SYSTEM.  The department shall establish and implement a system to evaluate the effectiveness of county and state programs and services for youth.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.016. Data Regarding Placement in Disciplinary Seclusion

Text of section as added by Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), and Ch. 1184 (S.B. 1003). Under Acts 2013, 83rd Leg., R.S., Ch. 1184 (S.B. 1003), Sec. 7, this section expires February 1, 2015;  Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), does not provide for expiration of this section.
Sec. 203.016.  DATA REGARDING PLACEMENT IN DISCIPLINARY SECLUSION.  (a)  In this section:
(1)  "Disciplinary seclusion" means the separation of a resident from other residents for disciplinary reasons and the placement of the resident alone in an area from which egress is prevented for more than 90 minutes.
(2)  "Juvenile facility" means a facility that serves juveniles under juvenile court jurisdiction and that is operated as a pre-adjudication secure detention facility, a short-term detention facility, or a post-adjudication secure correctional facility.
(b)  The department shall collect the following data during the annual registration of juvenile facilities and make the data publicly available:
(1)  the number of placements in disciplinary seclusion lasting at least 90 minutes but less than 24 hours;
(2)  the number of placements in disciplinary seclusion lasting 24 hours or more but less than 48 hours; and
(3)  the number of placements in disciplinary seclusion lasting 48 hours or more.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1184 (S.B. 1003), Sec. 1, eff. September 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 35, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.018. Specialized Programs and Special Projects

Sec. 203.018.  SPECIALIZED PROGRAMS AND SPECIAL PROJECTS.  (a)  The department shall develop specialized programs for children with a determinate sentence and children committed under Section 54.04013, Family Code.  The programs must ensure safety and security for committed children and provide developmentally appropriate program strategies.
(b)  The department shall establish performance-based goals related to improved outcomes that:
(1)  must include measures to reduce recidivism; and
(2)  shall include other well-being outcome measures.
(c)  The department shall use case review strategies to identify children in department facilities who can safely and appropriately be transferred to alternative local placements or halfway houses, placed on parole, or discharged from the department.
(d)  The department shall study and report to the board on the potential for repurposing existing secure facilities for the confinement of children with a determinate sentence or children committed under Section 54.04013, Family Code, or for other purposes.
(e)  The department or any local probation department may use or contract with a facility that was constructed or previously used for the confinement of adult offenders if the department determines that the facility is appropriately retrofitted to accommodate youth-specific requirements and needs.
Added by Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 4, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.0185. Resource Mapping

Sec. 203.0185.  RESOURCE MAPPING.  (a)  The department shall partner with one or more public or private institutions of higher education to inventory and map resources available for children in the juvenile justice system.  To determine the types of information the department requires to timely identify and address resource, program, and service gaps in probation regions that result in commitments to department secure facilities, the department shall consult with:
(1)  institutions of higher education;
(2)  the advisory council on juvenile services; and
(3)  other relevant stakeholders.
(b)  The board shall adopt rules requiring juvenile probation departments, at useful and reasonable intervals, to report to the department relevant information on resource, program, and service gaps identified under Subsection (a), including information on:
(1)  the needs of children committed to the department that are not being met with community resources; and
(2)  the types of resources, programs, and services that, if available in the community, may allow juvenile probation departments to keep children closer to home as an alternative to commitment to the department.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 28, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.019. Report to Legislature

Sec. 203.019.  REPORT TO LEGISLATURE.  Not later than August 15 of each year, the Texas Juvenile Justice Department shall submit to the lieutenant governor, the speaker of the house of representatives, and the governor a report that contains the following statistical information relating to children referred to a juvenile court during the preceding year:
(1)  the ages, races, and counties of residence of the children transferred to a district court or criminal district court for criminal proceedings; and
(2)  the ages, races, and counties of residence of the children committed to the Texas Juvenile Justice Department, placed on probation, or discharged without any disposition.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 40, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 66, eff. September 1, 2015.
Transferred and redesignated from Family Code, Section 58.112 by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 19, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.020. Report of Criminal Conduct; Penalty

Sec. 203.020.  REPORT OF CRIMINAL CONDUCT; PENALTY.  (a)  Each employee of the department or of a department contractor who becomes aware of conduct constituting a criminal offense engaged in by another employee of the department or by a department contractor against a person receiving services from the department or a department contractor shall report the conduct to a local law enforcement agency not later than the 48th hour after the hour the employee becomes aware of the conduct.
(b)  A person commits an offense if the person is required to make a report under Subsection (a) and knowingly fails to make the report.
(c)  An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to hinder an investigation of or conceal the criminal conduct described by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 1044 (S.B. 182), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.001. Provision of Probation and Detention Services

Sec. 221.001.  PROVISION OF PROBATION AND DETENTION SERVICES.  (a)  The department shall assist counties in providing probation and juvenile detention services by encouraging the continued operation of county and multi-county juvenile boards or probation offices.
(b)  If a county discontinues the provision of juvenile probation services, the department may directly provide probation or detention services in the county.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.0035. Best Practices to Identify and Assess Victims of Sex Trafficking

Sec. 221.0035.  BEST PRACTICES TO IDENTIFY AND ASSESS VICTIMS OF SEX TRAFFICKING.  (a)  In this section, "sex trafficking" means an offense under Section 20A.02(a)(7), Penal Code.
(b)  The department shall evaluate the practices and screening procedures used by juvenile probation departments for the early identification of juveniles who are victims of sex trafficking for the purpose of developing a recommended set of best practices that may be used by a juvenile probation department to improve the juvenile probation department's ability to identify a juvenile who is a victim of sex trafficking.
(c)  Best practices may include:
(1)  examining a juvenile's referral history, including whether the juvenile has a history of running away from home or has been adjudicated for previous offenses;
(2)  making inquiries into a juvenile's history of sexual abuse;
(3)  assessing a juvenile's need for services, including counseling through a rape crisis center or other counseling; and
(4)  asking the juvenile a series of questions designed to determine whether the juvenile is at high risk of being a victim of sex trafficking.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1351 (S.B. 1356), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.004. Standards Relating to Local Probation Departments

Sec. 221.004.  STANDARDS RELATING TO LOCAL PROBATION DEPARTMENTS.  (a)  The board shall adopt rules that provide:
(1)  standards for the collection and reporting of information about juvenile offenders by local probation departments;
(2)  performance measures to determine the effectiveness of probation services provided by local probation departments; and
(3)  case management standards for all probation services provided by local probation departments.
(b)  The department shall monitor local probation departments for compliance with the standards and measures that the board adopts.
(c)  The department shall provide technical assistance to local probation departments to aid compliance with the standards and measures that the board adopts.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.005. Training and Assistance to Local Authorities

Sec. 221.005.  TRAINING AND ASSISTANCE TO LOCAL AUTHORITIES.  (a)  The department shall provide educational training and technical assistance to counties, juvenile boards, and probation offices to:
(1)  promote compliance with the standards required under this chapter; and
(2)  assist the local authorities in improving the operation of probation, parole, and detention services.
(b)  The department shall encourage compliance with educational service standards and rights prescribed by state or federal law by:
(1)  facilitating interagency coordination and collaboration among juvenile probation departments, school districts, and the Texas Education Agency; and
(2)  developing and supporting a plan to ensure continuity of educational services to juvenile offenders, including special educational services for juveniles with disabilities.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.006. Violence Prevention and Conflict Resolution Training

Sec. 221.006.  VIOLENCE PREVENTION AND CONFLICT RESOLUTION TRAINING.  The department shall:
(1)  provide training on request to juvenile probation departments and juvenile boards in violence prevention and conflict resolution programs that include discussion of domestic violence and child abuse issues; and
(2)  encourage the inclusion of a violence prevention and conflict resolution program as a condition of probation.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.0061. Trauma-Informed Care Training

Sec. 221.0061.  TRAUMA-INFORMED CARE TRAINING.  The department shall provide trauma-informed care training during the preservice training the department provides for juvenile probation officers, juvenile supervision officers, juvenile correctional officers, and juvenile parole officers.  The training must provide knowledge, in line with best practices, of how to interact with juveniles who have experienced traumatic events.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1351 (S.B. 1356), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.007. Juvenile Board Records and Reports

Sec. 221.007.  JUVENILE BOARD RECORDS AND REPORTS.  Each juvenile board in the state shall:
(1)  keep the financial, programmatic, and statistical records the department considers necessary; and
(2)  submit periodic financial, programmatic, and statistical reports to the department as required by the department and in the format specified by the department, including electronic submission.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.0071. Charter School

Sec. 221.0071.  CHARTER SCHOOL.  (a)  Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code, the commissioner of education may grant a charter on the application of a detention, correctional, or residential facility established only for juvenile offenders under Section 51.12, 51.125, or 51.126, Family Code, or an eligible entity that has entered into a contract with a facility described by this subsection.
(b)  If a local detention, correctional, or residential facility described by Subsection (a) or an eligible entity that has entered into a contract with a facility described by Subsection (a) applies for a charter, the facility or the eligible entity must provide all educational opportunities and services, including special education instruction and related services, that a school district is required under state or federal law to provide for students residing in the district through a charter school operated in accordance with and subject to Subchapter D, Chapter 12, Education Code.
(c)  The commissioner of education shall adopt a form and procedure to allow a detention, correctional, or residential facility described by Subsection (a) or an eligible entity that has entered into a contract with a facility described by Subsection (a) to apply for a charter.  The application form and procedure must be comparable to the applicable requirements of Section 12.110, Education Code, and must include any requirements provided under Subchapter D, Chapter 12, Education Code.
(d)  A charter school operating under a charter granted under this section is entitled to receive open-enrollment charter school funding under Chapter 48, Education Code, in the same manner as an open-enrollment charter school operating under Subchapter D, Chapter 12, Education Code.
(e)  The commissioner of education shall adopt rules necessary to implement this section, including rules that modify the requirements for charter schools provided under Chapter 12, Education Code, as necessary to allow a charter school to operate in a detention, correctional, or residential facility described by Subsection (a).
(f)  In this section, "eligible entity" has the meaning assigned by Section 12.101(a), Education Code.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 44, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 418 (S.B. 1177), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.084, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.008. Inspections and Audits

Sec. 221.008.  INSPECTIONS AND AUDITS.  (a)  The department may inspect and evaluate a juvenile board and probation department and audit the juvenile board's financial, programmatic, and statistical records at reasonable times to determine compliance with the board's rules.
(b)  The department may inspect any program or facility operated on behalf of and under the authority of the juvenile board by the probation department, a governmental entity, or private vendor.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.009. Strategic Plan; Adoption of Plan

Sec. 221.009.  STRATEGIC PLAN; ADOPTION OF PLAN.  (a)  The board shall develop a strategic plan.  The plan must:
(1)  identify short-term and long-term policy goals;
(2)  identify time frames and strategies for meeting the goals identified under Subdivision (1);
(3)  estimate population projections, including projections of population characteristics;
(4)  estimate short-term and long-term capacity, programmatic, and funding needs;
(5)  describe intensive service and surveillance parole pilot programs to be developed;
(6)  include an evaluation of aftercare services emphasizing concrete outcome measures, including recidivism and educational progress;
(7)  identify objective criteria for the various decision points throughout the continuum of juvenile justice services and sanctions to guard against disparate treatment of minority youth;
(8)  identify outcome measures by which to evaluate the effectiveness of services provided to youth in the juvenile justice system;
(9)  include a plan of implementation for the development of common data sources and data sharing among the department, juvenile probation departments, the Department of Family and Protective Services, the Department of State Health Services, the Health and Human Services Commission, the Texas Education Agency, and other state agencies that serve youth in the juvenile justice system;
(10)  include the development of new, or the improvement of existing, validated risk assessment instruments;
(11)  include strategies to determine which programs are most effective in rehabilitating youth in the juvenile justice system;
(12)  include planning for effective aftercare programs and services, including ensuring that youth in the juvenile justice system have personal identification and appropriate referrals to service providers; and
(13)  track performance measures to illustrate the costs of different levels of treatment and to identify the most cost-effective programs in each component of the juvenile justice system in this state.
(b)  The board shall make its best effort to develop regularly updated performance measures of the effectiveness of programs and services on outcomes for youths, public safety, and victims, make those measures publicly available online, and use those measures in determining funding levels for programs and services.
(c)  The board shall review and adopt the strategic plan as provided by Section 2056.002, Government Code.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.010. Complaints Relating to Juvenile Boards

Sec. 221.010.  COMPLAINTS RELATING TO JUVENILE BOARDS.  (a)  The department shall maintain a system to promptly and efficiently act on a complaint filed with the department relating to a juvenile board funded by the department.  The department shall maintain information about parties to the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.
(b)  The department shall make information available describing the department's procedures for the investigation and resolution of a complaint filed with the department relating to a juvenile board funded by the department.
(c)  The department shall investigate the allegations in the complaint and make a determination of whether there has been a violation of the department's rules relating to juvenile probation programs, services, or facilities.
(d)  If a written complaint is filed with the department relating to a juvenile board funded by the department, the department shall periodically notify the complainant and the juvenile board of the status of the complaint until final disposition, unless notice would jeopardize an undercover investigation.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter A. General Provisions › Section 221.012. Annual Reports

Sec. 221.012.  ANNUAL REPORTS.  (a)  The department shall report annually to the governor and the legislature on the department's operations and the condition of probation services in the state during the previous year.  The report:
(1)  may include recommendations; and
(2)  must include:
(A)  an evaluation of the effectiveness of the community-based programs operated under Section 54.0401, Family Code; and
(B)  information comparing the cost of a child participating in a program described by Paragraph (A) with the cost of committing the child to the department.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(26), eff. September 1, 2013.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(26), eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter B. Contract Standards and Monitoring › Section 221.051. Contract Standards

Sec. 221.051.  CONTRACT STANDARDS.  (a)  In each contract with counties for local probation services, the department shall include:
(1)  clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives;
(2)  clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and
(3)  clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.
(b)  The department shall require each local juvenile probation department:
(1)  to include the provisions of Subsection (a) in its contracts with private service providers that involve the use of state funds; and
(2)  to use data relating to the performance of private service providers in prior contracts as a factor in selecting providers to receive contracts.
(c)  The department shall consider the past performance of a juvenile board when contracting with the juvenile board for local probation services other than basic probation services.  In addition to the contract standards described by Subsection (a), a contract with a juvenile board for probation services other than basic probation services must:
(1)  include specific performance targets for the juvenile board based on the juvenile board's historic performance of the services; and
(2)  require a juvenile board to report on the juvenile board's success in meeting the performance targets described by Subdivision (1).
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter B. Contract Standards and Monitoring › Section 221.052. Contract Monitoring

Sec. 221.052.  CONTRACT MONITORING.  The department shall establish a formal program to monitor contracts under Section 221.051 made by the department.  The department must:
(1)  monitor compliance with financial and performance requirements using a risk assessment methodology; and
(2)  obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter B. Contract Standards and Monitoring › Section 221.053. Contracts for Out-of-State Juvenile Inmates

Sec. 221.053.  CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.  (a)  The only entities other than the state authorized to operate a correctional facility to house in this state juvenile inmates convicted of offenses committed against the laws of another state of the United States are:
(1)  a county or municipality; and
(2)  a private vendor operating a correctional facility under a contract with a county or municipality.
(b)  The board shall develop rules, procedures, and minimum standards applicable to county or private correctional facilities housing out-of-state juvenile inmates.  A contract made under Subsection (a) shall require the county, municipality, or private vendor to operate the facility in compliance with minimum standards adopted by the board.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.