reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.006. Type of Treatment Permitted

Sec. 244.006.  TYPE OF TREATMENT PERMITTED.  (a)  As a means of correcting the socially harmful tendencies of a child committed to the department, the department may:
(1)  require the child to participate in moral, academic, vocational, physical, and correctional training and activities;
(2)  require the modes of life and conduct that seem best adapted to fit the child for return to full liberty without danger to the public;
(3)  provide any medical or psychiatric treatment that is necessary; and
(4)  place physically fit children in parks-maintenance camps, forestry camps, or ranches owned by the state or the United States and require the performance of suitable conservation and maintenance work.
(b)  The dominant purpose of placing children in camps is to benefit and rehabilitate the children rather than to make the camps self-sustaining.  Children placed in camps may not be exploited.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.007. Family Programs

Sec. 244.007.  FAMILY PROGRAMS.  The department shall develop programs that encourage family involvement in the rehabilitation of the child.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.0075. Restraint of Pregnant Juvenile

Sec. 244.0075.  RESTRAINT OF PREGNANT JUVENILE.  (a)  The department may not use restraints to control the movement of a pregnant child who is committed to the department at any time during which the child is in labor or delivery or recovering from delivery, unless the executive director or executive director's designee determines that the use of restraints is necessary to:
(1)  ensure the safety and security of the child or her infant, department or medical personnel, or any member of the public; or
(2)  prevent a substantial risk that the child will attempt escape.
(b)  If a determination to use restraints is made under Subsection (a), the type of restraint used and the manner in which the restraint is used must be the least restrictive available under the circumstances to ensure safety and security or to prevent escape.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.008. Infant Care and Parenting Program

Sec. 244.008.  INFANT CARE AND PARENTING PROGRAM.  (a)  In this section, "child" means the child of a person who is committed to the department.
(b)  The department may establish child care and parenting programs for persons committed to the department who are parents.
(c)  The department may permit a mother to have possession of her child in a residential program that has an infant care and parenting program or to have possession of her child in a department-funded independent living residence for up to six months if:
(1)  the child's father or another relative or guardian of the child agrees in advance of the child's placement with the child's mother to assume possession of the child immediately upon notice by the department to do so;
(2)  the child's parents and any other person having a duty of support acknowledge that by permitting the mother to have possession of the child while the mother is confined in a residential facility or placed in an independent living residence, the department assumes no responsibility for the child's care beyond the responsibility of care that is ordinarily due the child's mother and the reasonable accommodations that are necessary for the mother's care of her child;
(3)  the child's parents and any other person having a duty of support agree to indemnify and hold the department harmless from any claims that may be made against the department for the child's support, including medical support; and
(4)  the department determines that the placement is in the best interest of both the mother and her child.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.009. Health Care Delivery System

Sec. 244.009.  HEALTH CARE DELIVERY SYSTEM.  (a)  In providing medical care, behavioral health care, or rehabilitation services, the department shall integrate the provision of those services in an integrated comprehensive delivery system.
(b)  The delivery system may be used to deliver any medical, behavioral health, or rehabilitation services provided to a child in the custody of the department, including:
(1)  health care;
(2)  dental care;
(3)  behavioral health care;
(4)  substance abuse treatment;
(5)  nutrition;
(6)  programming;
(7)  case management; and
(8)  general rehabilitation services, including educational, spiritual, daily living, recreational, and security services.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.010. Department Caseworkers

Sec. 244.010.  DEPARTMENT CASEWORKERS.  (a)  The department shall assign a caseworker to a child committed to the department.  A department caseworker shall:
(1)  explore family issues and needs with the parent or guardian of a child committed to the department;
(2)  as needed, provide the parent or guardian of a child committed to the department with information concerning programs and services provided by the department or another resource; and
(3)  perform other duties required by the department.
(b)  A department caseworker shall:
(1)  at least once a month, attempt to contact the child's parent or guardian by phone, in person while the parent or guardian is visiting the facility, or, if necessary, by mail;
(2)  if unsuccessful in contacting the child's parent or guardian under Subdivision (1), attempt at least one additional time each month to contact the child's parent or guardian; and
(3)  document successful as well as unsuccessful attempts to contact the child's parent or guardian.
(c)  To the extent practicable, a caseworker or another facility administrator shall attempt to communicate with a parent or guardian who does not speak English in the language of choice of the parent or guardian.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.0105. Report Concerning Foster Children Committed to Department

Sec. 244.0105.  REPORT CONCERNING FOSTER CHILDREN COMMITTED TO DEPARTMENT.  (a)  Not later than the 10th day before the date of a permanency hearing under Subchapter D, Chapter 263, Family Code, or Subchapter F, Chapter 263, Family Code, regarding a child for whom the Department of Family and Protective Services has been appointed managing conservator, a department caseworker shall submit a written report regarding the child's commitment to the department to:
(1)  the court;
(2)  the Department of Family and Protective Services;
(3)  any attorney ad litem or guardian ad litem appointed for the child; and
(4)  any volunteer advocate appointed for the child.
(b)  The report required by Subsection (a) must include:
(1)  the results of any assessments of the child during the child's commitment to the department, including assessments of the child's emotional, mental, educational, psychological, psychiatric, medical, or physical needs;
(2)  information regarding the child's placement in particular programs administered by the department; and
(3)  a description of the child's progress in programs administered by the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 84, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.012. Examination Before Discharge

Sec. 244.012.  EXAMINATION BEFORE DISCHARGE.  (a)  The department shall establish a system that identifies children with mental illness or intellectual disabilities in the department's custody.
(b)  Before a child with mental illness is discharged from the department's custody under Section 244.011(b), a department psychiatrist shall examine the child.  The department shall refer a child requiring outpatient psychiatric treatment to the appropriate mental health authority.  For a child requiring inpatient psychiatric treatment, the department shall file a sworn application for court-ordered mental health services, as provided in Subchapter C, Chapter 574, Health and Safety Code, if:
(1)  the child is not receiving court-ordered mental health services; and
(2)  the psychiatrist who examined the child determines that the child is a child with mental illness and the child meets at least one of the criteria listed in Section 574.034 or 574.0345, Health and Safety Code.
(c)  Before a child who is identified as having an intellectual disability under Chapter 593, Health and Safety Code, is discharged from the department's custody under Section 244.011(b), the department shall refer the child for intellectual disability services if the child is not receiving intellectual disability services.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 25, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 7.04, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 43, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.0125. Transfer of Certain Children Serving Determinate Sentences for Mental Health Services

Sec. 244.0125.  TRANSFER OF CERTAIN CHILDREN SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES.  (a)  The department may petition the juvenile court that entered the order of commitment for a child for the initiation of mental health commitment proceedings if the child is committed to the department under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code.
(b)  A petition made by the department shall be treated as a motion under Section 55.11, Family Code, and the juvenile court shall proceed in accordance with Subchapter B, Chapter 55, Family Code.
(c)  The department shall cooperate with the juvenile court in any proceeding under this section.
(d)  The juvenile court shall credit to the term of the child's commitment to the department any time the child is committed to an inpatient mental health facility.
(e)  A child committed to an inpatient mental health facility as a result of a petition filed under this section may not be released from the facility on a pass or furlough.
(f)  If the term of an order committing a child to an inpatient mental health facility is scheduled to expire before the end of the child's sentence and another order committing the child to an inpatient mental health facility is not scheduled to be entered, the inpatient mental health facility shall notify the juvenile court that entered the order of commitment committing the child to the department.  The juvenile court may transfer the child to the custody of the department, transfer the child to the Texas Department of Criminal Justice, or release the child under supervision, as appropriate.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.013. Notice of Pending Discharge

Sec. 244.013.  NOTICE OF PENDING DISCHARGE.  As soon as practicable after the department makes a decision to discharge a child or authorize the child's absence from the department's custody, the department shall give notice of the department's decision to the juvenile court and the office of the prosecuting attorney of the county in which the adjudication that the child engaged in delinquent conduct was made.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.014. Referral of Determinate Sentence Offenders for Transfer

Sec. 244.014.  REFERRAL OF DETERMINATE SENTENCE OFFENDERS FOR TRANSFER.  (a)  After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the department may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:
(1)  the child has not completed the sentence; and
(2)  the child's conduct, regardless of whether the child was released under supervision under Section 245.051, indicates that the welfare of the community requires the transfer.
(a-1)  After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the department shall refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:
(1)  the child has not completed the sentence;
(2)  while the child was committed to the custody of the department, the child was subsequently adjudicated or convicted for conduct constituting a felony of the first or second degree or an offense punishable under Section 22.01(b)(1), Penal Code; and
(3)  the child was at least 16 years of age at the time the conduct occurred.
(b)  The department shall cooperate with the court on any proceeding on the transfer of the child.
(c)  If a child is released under supervision, a juvenile court adjudication that the child engaged in delinquent conduct constituting a felony offense, a criminal court conviction of the child for a felony offense, or a determination under Section 244.005(4) revoking the child's release under supervision is required before referral of the child to the juvenile court under Subsection (a).
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 39, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 44, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter A. General Care and Treatment of Children › Section 244.015. Evaluation of Certain Children Serving Determinate Sentences

Sec. 244.015.  EVALUATION OF CERTAIN CHILDREN SERVING DETERMINATE SENTENCES.  (a)  When a child who is sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 18 years of age, the department shall evaluate whether the child is in need of additional services that can be completed in the six-month period after the child's 18th birthday to prepare the child for release from the custody of the department or transfer to the Texas Department of Criminal Justice.
(b)  This section does not apply to a child who is released from the custody of the department or who is transferred to the Texas Department of Criminal Justice before the child's 18th birthday.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 244 - Care and Treatment of Children › Subchapter B. Provision of Certain Information; Rights of Parents › Section 244.051. Information Available to Children, Parents, and Others

Sec. 244.051.  INFORMATION AVAILABLE TO CHILDREN, PARENTS, AND OTHERS.  (a)  In the interest of achieving the purpose of the department and protecting the public, the department may disclose records and other information concerning a child to the child and the child's parent or guardian only if disclosure would not materially harm the treatment and rehabilitation of the child and would not substantially decrease the likelihood of the department receiving information from the same or similar sources in the future.  Information concerning a person who is age 18 or older may not be disclosed to the person's parent or guardian without the person's consent.
(b)  The department may disclose information regarding a child's location and committing court to a person having a legitimate need for the information.
(c)  The department may disclose to a peace officer or law enforcement agency images of children recorded by an electronic recording device and incident reporting and investigation documents containing the names of children if the information is relevant to the investigation of a criminal offense alleged to have occurred in a facility operated by or under contract with the department.
(d)  Notwithstanding Subsection (a), if the Department of Family and Protective Services has been appointed managing conservator for a child, the department shall disclose records and other information concerning the child to the Department of Family and Protective Services as provided by the rules of the Department of Family and Protective Services.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter A. General Provisions › Section 245.001. Parole Officers; Parole Management

Sec. 245.001.  PAROLE OFFICERS; PAROLE MANAGEMENT.  (a)  The department may employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee's adjustment to society in accordance with the rules adopted by the board.
(b)  Parole officers may work with local organizations, clubs, and agencies to formulate plans and procedures for the prevention of juvenile delinquency.
(c)  The department shall develop a management system for parole services that objectively measures and provides for:
(1)  the systematic examination of children's needs and the development of treatment plans to address those needs;
(2)  the evaluation of homes, foster homes, and public and private institutions as constructive parole placements;
(3)  the classification of children based on the level of children's needs and the degree of risk presented to the public;
(4)  the objective measurement of parole officer workloads; and
(5)  the gathering and analysis of information related to the effectiveness of parole services and to future parole requirements.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter A. General Provisions › Section 245.002. Contracts With Counties

Sec. 245.002.  CONTRACTS WITH COUNTIES.  (a)  The department may make a contract with a county to use the services of the county's juvenile probation department for the supervision of children within the county who are on furlough from a department facility or who are released under supervision from a department facility.
(b)  Payments under a contract described by Subsection (a) shall be made to the county treasurer on a quarterly schedule.
(c)  The department may not pay a county for supervision of a child for any time after the child:
(1)  is discharged from the department's custody;
(2)  is returned to a department facility; or
(3)  transfers the child's residence to another county or state.
(d)  A county that has a contract with the department must report to the department on the status and progress of each child for whom the county is receiving payments.  The reports shall be made at the time and in the manner specified by the contract.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter B. Authority to Release; Resumption of Care › Section 245.052. Substance Abuse Treatment

Sec. 245.052.  SUBSTANCE ABUSE TREATMENT.  Subject to an express appropriation to fund the treatment programs required by this section, the department may not release a child under supervision or parole a child if:
(1)  the child has a substance abuse problem, including the use of a controlled substance, hazardous inhalable substances, or alcohol habitually; and
(2)  the child has not completed a treatment program for the problem.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter B. Authority to Release; Resumption of Care › Section 245.0536. Providing Released or Discharged Child With State-Issued Identification

Sec. 245.0536.  PROVIDING RELEASED OR DISCHARGED CHILD WITH STATE-ISSUED IDENTIFICATION.  (a)  Before releasing a child under supervision or finally discharging a child, the department shall:
(1)  determine whether the child has:
(A)  a valid license issued under Chapter 521, Transportation Code; or
(B)  a valid personal identification certificate issued under Chapter 521, Transportation Code; and
(2)  if the child does not have a valid license or certificate described by Subdivision (1), submit to the Department of Public Safety on behalf of the child a request for the issuance of a personal identification certificate under Chapter 521, Transportation Code.
(b)  The department shall submit a request under Subsection (a)(2) as soon as is practicable to enable the department to receive the personal identification certificate before the department releases or discharges the child and to provide the child with the personal identification certificate when the department releases or discharges the child.
(c)  The department, the Department of Public Safety, and the vital statistics unit of the Department of State Health Services shall adopt a memorandum of understanding that establishes their respective responsibilities with respect to the issuance of a personal identification certificate to a child, including responsibilities related to verification of the child's identity.  The memorandum of understanding must require the Department of State Health Services to electronically verify the birth record of a child whose name and any other personal information is provided by the department and to electronically report the recorded filing information to the Department of Public Safety to validate the identity of a child under this section.
(d)  The department shall reimburse the Department of Public Safety or the Department of State Health Services for the actual costs incurred by those agencies in performing responsibilities established under this section.  The department may charge the child's parent or guardian for the actual costs incurred under this section or the fees required by Section 521.421, Transportation Code.
(e)  This section does not apply to a child who:
(1)  is not legally present in the United States; or
(2)  was not a resident of this state before the child was placed in the custody of the department.
Added by Acts 2021, 87th Leg., R.S., Ch. 909 (H.B. 4544), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter B. Authority to Release; Resumption of Care › Section 245.0537. Providing Released or Discharged Child With Birth Certificate and Social Security Card

Sec. 245.0537.  PROVIDING RELEASED OR DISCHARGED CHILD WITH BIRTH CERTIFICATE AND SOCIAL SECURITY CARD.  (a)  In addition to complying with the requirements of Section 245.0536, before releasing a child under supervision or finally discharging a child, the department must:
(1)  determine whether the child has a:
(A)  certified copy of the child's birth certificate; and
(B)  copy of the child's social security card; and
(2)  if the child does not have a document described by Subdivision (1), submit to the appropriate entity on behalf of the child a request for the issuance of the applicable document.
(b)  The department shall submit a request under Subsection (a)(2) as soon as is practicable to enable the department to receive the applicable document before the department releases or discharges the child and to provide the child with the applicable document when the department releases or discharges the child.
(c)  This section does not apply to a child who:
(1)  is not legally present in the United States; or
(2)  was not a resident of this state before the child was placed in the custody of the department.
Added by Acts 2021, 87th Leg., R.S., Ch. 909 (H.B. 4544), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter B. Authority to Release; Resumption of Care › Section 245.054. Information Provided to Court Before Release

Sec. 245.054.  INFORMATION PROVIDED TO COURT BEFORE RELEASE.  (a)  In addition to providing the court with notice of release of a child under Section 245.051(b), as soon as possible but not later than the 30th day before the date the department releases the child, the department shall provide the court that committed the child to the department:
(1)  a copy of the child's reentry and reintegration plan developed under Section 245.0535; and
(2)  a report concerning the progress the child has made while committed to the department.
(b)  If, on release, the department places a child in a county other than the county served by the court that committed the child to the department, the department shall provide the information described by Subsection (a) to both the committing court and the juvenile court in the county where the child is placed after release.
(c)  If, on release, a child's residence is located in another state, the department shall provide the information described by Subsection (a) to both the committing court and a juvenile court of the other state that has jurisdiction over the area in which the child's residence is located.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter C. Minimum Length of Stay; Extension Orders › Section 245.101. Completion of Minimum Length of Stay; Panel

Sec. 245.101.  COMPLETION OF MINIMUM LENGTH OF STAY; PANEL.  (a)  After a child who is committed to the department without a determinate sentence completes the minimum length of stay established by the department for the child under Section 243.002, the department shall, in the manner provided by this section and Section 245.102:
(1)  discharge the child from the custody of the department;
(2)  release the child under supervision under Section 245.051; or
(3)  extend the length of the child's stay in the custody of the department.
(b)  The board by rule shall establish a panel whose function is to review and determine whether a child who has completed the child's minimum length of stay should be discharged from the custody of the department as provided by Subsection (a)(1), be released under supervision under Section 245.051 as provided by Subsection (a)(2), or remain in the custody of the department for an additional period of time as provided by Subsection (a)(3).
(c)  The executive director shall determine the size of the panel described by Subsection (b) and the length of the members' terms of service on the panel.  The panel must consist of an odd number of members and the terms of the panel's members must last for at least two years.  The executive director shall adopt policies that ensure the transparency, consistency, and objectivity of the panel's composition, procedures, and decisions.  The executive director shall appoint persons to serve as members of the panel.  A person appointed to the panel must be a department employee who works at the department's central office.  A member of the panel may not be involved in any supervisory decisions concerning children in the custody of the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter C. Minimum Length of Stay; Extension Orders › Section 245.102. Extension Order

Sec. 245.102.  EXTENSION ORDER.  (a)  A panel may extend the length of the child's stay as provided by Section 245.101(a)(3) only if the panel determines by majority vote and on the basis of clear and convincing evidence that:
(1)  the child is in need of additional rehabilitation from the department; and
(2)  the department will provide the most suitable environment for that rehabilitation.
(b)  In extending the length of a child's stay, the panel must specify the additional period of time that the child is to remain in the custody of the department and must conduct an additional review and determination as provided by Section 245.101 on the child's completion of the additional term of stay.
(c)  If the panel determines that the child's length of stay should not be extended, the department must discharge the child from the custody of the department as provided by Section 245.101(a)(1) or release the child under supervision under Section 245.051 as provided by Section 245.101(a)(2).
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter C. Minimum Length of Stay; Extension Orders › Section 245.103. Statistics and Reports Concerning Extension Orders

Sec. 245.103.  STATISTICS AND REPORTS CONCERNING EXTENSION ORDERS.  (a)  The department shall maintain statistics of the number of extensions granted by a panel under Section 245.102.  The statistics must include aggregated information concerning:
(1)  the race, age, sex, specialized treatment needs, and county of origin for each child for whom an extension order is requested;
(2)  the facility in which the child is confined; and
(3)  if applicable, any allegations concerning the abuse, mistreatment, or neglect of the child, aggregated by the type of misconduct to which the child was subjected.
(b)  To the extent authorized under law, the statistics maintained under Subsection (a) are public information under Chapter 552, Government Code, and the department shall post the statistics on the department's Internet website.
(c)  The department shall prepare and deliver to the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities a report concerning the statistics maintained under Subsection (a).
(d)  The department shall provide a report to the parent, guardian, or designated advocate of a child whose length of stay is extended under Section 245.102 explaining the panel's reason for the extension.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter C. Minimum Length of Stay; Extension Orders › Section 245.104. Request for Reconsideration of Extension Order

Sec. 245.104.  REQUEST FOR RECONSIDERATION OF EXTENSION ORDER.  (a)  The board by rule shall establish a process to request the reconsideration of an extension order issued by a panel under Section 245.102.
(b)  The process to request reconsideration must provide that:
(1)  a child, a parent, guardian, or designated advocate of a child, an employee of the department, or a person who provides volunteer services at a department facility may submit a request for reconsideration of an extension order;
(2)  the person submitting the request for reconsideration of an extension order must state in the request the reason for the request;
(3)  after receiving a request for reconsideration of an extension order, the panel shall reconsider an extension order that:
(A)  extends the child's stay in the custody of the department by six months or more; or
(B)  combined with previous extension orders will result in an extension of the child's stay in the custody of the department by six months or more;
(4)  the panel's reconsideration of an extension order includes consideration of the information submitted in the request; and
(5)  the panel shall send a written reply to the child, the parent, guardian, or designated advocate of the child, and the person who made the request for reconsideration of an extension order that includes an explanation of the panel's decision after reconsidering the extension order, including an indication that the panel has considered the information submitted in the request.
(c)  The department shall create a form for a request for reconsideration of an extension order that is clear and easy to understand.  The department shall ensure that a child may request assistance in completing a request for reconsideration of an extension order.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter C. Minimum Length of Stay; Extension Orders › Section 245.105. Statistics and Reports Concerning Reconsiderations of Extension Orders

Sec. 245.105.  STATISTICS AND REPORTS CONCERNING RECONSIDERATIONS OF EXTENSION ORDERS.  (a)   The department shall maintain statistics of the number of requests for reconsideration of an extension order that are submitted under Section 245.104 and the action taken on reconsideration of the extension order.  The statistics must include aggregated information concerning:
(1)  the race, age, sex, specialized treatment needs, and county of origin for each child for whom a request for reconsideration of an extension order is submitted;
(2)  whether a request for reconsideration of an extension order results in:
(A)  a discharge or release under supervision; or
(B)  the original extension order being upheld;
(3)  the facility in which the child is confined; and
(4)  if applicable, any allegations concerning the abuse, mistreatment, or neglect of the child, aggregated by the type of misconduct to which the child was subjected.
(b)  To the extent authorized under law, the statistics maintained under Subsection (a) are public information under Chapter 552, Government Code, and the department shall post the statistics on the department's Internet website.
(c)  The department shall prepare and deliver to the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities a report concerning the statistics maintained under Subsection (a).
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter C. Minimum Length of Stay; Extension Orders › Section 245.106. Transportation, Clothing, Money

Sec. 245.106.  TRANSPORTATION, CLOTHING, MONEY.  The department shall ensure that each child it releases under supervision has:
(1)  suitable clothing;
(2)  transportation to his or her home or to the county in which a suitable home or employment has been found; and
(3)  money in an amount authorized by the rules of the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter D. Termination of Control › Section 245.151. Termination of Control

Sec. 245.151.  TERMINATION OF CONTROL.  (a)  Except as provided by Subsections (b) and (c), if a person is committed to the department under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the department may not discharge the person from its custody.
(b)  The department shall discharge without a court hearing a person committed to the department for a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, who has not been transferred to the Texas Department of Criminal Justice under a court order on the date that the time spent by the person in detention in connection with the committing case plus the time spent at the department under the order of commitment equals the period of the sentence.
(c)  The department shall transfer to the Texas Department of Criminal Justice a person who is the subject of an order under Section 54.11(i)(2), Family Code, transferring the person to the custody of the Texas Department of Criminal Justice for the completion of the person's sentence.
(d)  Except as provided by Subsection (e), the department shall discharge from its custody a person not already discharged on the person's 19th birthday.
(e)  The department shall transfer a person who has been sentenced under a determinate sentence to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been returned to the department under Section 54.11(i)(1), Family Code, to the custody of the Texas Department of Criminal Justice on the person's 19th birthday, if the person has not already been discharged or transferred, to serve the remainder of the person's sentence on parole as provided by Section 508.156, Government Code.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 245 - Release › Subchapter D. Termination of Control › Section 245.152. Determinate Sentence Parole

Sec. 245.152.  DETERMINATE SENTENCE PAROLE.  (a)  Not later than the 90th day before the date the department transfers a person to the custody of the Texas Department of Criminal Justice for release on parole under Section 245.051(c) or 245.151(e), the department shall submit to the Texas Department of Criminal Justice all pertinent information relating to the person, including:
(1)  the juvenile court judgment;
(2)  the circumstances of the person's offense;
(3)  the person's previous social history and juvenile court records;
(4)  the person's physical and mental health record;
(5)  a record of the person's conduct, employment history, and attitude while committed to the department;
(6)  a record of the sentence time served by the person at the department and in a juvenile detention facility in connection with the conduct for which the person was adjudicated; and
(7)  any written comments or information provided by the department, local officials, family members of the person, victims of the offense, or the general public.
(b)  The department shall provide instruction for parole officers of the Texas Department of Criminal Justice relating to juvenile programs at the department.  The department and the Texas Department of Criminal Justice shall enter into a memorandum of understanding relating to the administration of this subsection.
(c)  The Texas Department of Criminal Justice shall grant credit for sentence time served by a person at the department and in a juvenile detention facility, as recorded by the department under Subsection (a)(6), in computing the person's eligibility for parole and discharge from the Texas Department of Criminal Justice.
Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.001. Purpose; Implementation

Sec. 246.001.  PURPOSE; IMPLEMENTATION.  The purposes of the department industries program are:
(1)  to provide adequate employment and vocational training for children; and
(2)  to develop and expand public and private department industries.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.003. Pay and Distribution of Pay

Sec. 246.003.  PAY AND DISTRIBUTION OF PAY.  The department shall apportion wages earned by a child working under the industries program in amounts determined at the discretion of the department, in the following priority:
(1)  a person to whom the child has been ordered by a court or to whom the child has agreed to pay restitution;
(2)  a person to whom the child has been ordered by a court to pay child support;
(3)  the compensation to victims of crime fund or the compensation to victims of crime auxiliary fund; and
(4)  the child's student account.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.004. Industries Fund

Sec. 246.004.  INDUSTRIES FUND.  (a)  A Texas Juvenile Justice Department industries program fund is created in the state treasury.
(b)  Proceeds from the operation of the industries program shall be deposited in the fund.
(c)  Money from the fund may be appropriated only for use by the department for the administration of this chapter.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.005. Contracts

Sec. 246.005.  CONTRACTS.  To encourage the development and expansion of the industries program, the department may enter into necessary contracts related to the program.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.006. Donations

Sec. 246.006.  DONATIONS.  The industries program may be financed through contributions donated for this purpose by private businesses contracting with the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.007. Grants

Sec. 246.007.  GRANTS.  (a)  The department may accept a grant for the vocational rehabilitation of children.
(b)  The department shall maintain a record of the receipt and disbursement of a grant and shall annually report to the lieutenant governor and the speaker of the house of representatives on the administration of grant funds.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.