reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.051. Administration of Institutions; Charge of Children

Sec. 242.051.  ADMINISTRATION OF INSTITUTIONS; CHARGE OF CHILDREN.  (a)  The department shall:
(1)  administer the training, diagnostic treatment, and supervisory facilities and services of the state for children committed to the department; and
(2)  manage and direct all institutions and training school facilities under the authority of the department.
(b)  The department shall have general charge of and be responsible for the welfare, custody, and rehabilitation of the children in a school, facility, or program operated or funded by the department.  The department shall seek to establish relationships and to organize a way of life that will meet the spiritual, moral, physical, emotional, intellectual, and social needs of the children under the department's care as those needs would be met in an adequate home.
(c)  The department shall see that the buildings and premises are kept in good sanitary condition.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.052. Buildings and Improvements

Sec. 242.052.  BUILDINGS AND IMPROVEMENTS.  (a)  The department may design, construct, equip, furnish, and maintain buildings and improvements at facilities under the department's jurisdiction.
(b)  The department may employ architects or engineers, or both, to prepare plans and specifications and to supervise the construction and improvements described by Subsection (a).
(c)  The board shall promulgate rules relating to the award of contracts for the construction of buildings and improvements.  The rules shall provide for the award of contracts for the construction of buildings and improvements to the qualified bidder making the lowest and best bid.  A construction contract may not be awarded for a sum in excess of the amount of funds available for the project.  The department may reject any and all bids submitted.
(d)  If a project is financed wholly or partly by federal funds, any standards required by the enabling federal statute or required by the rules of the administering federal agency control over this section.
(e)  The department may employ professional, technical, and clerical personnel to carry out the design and construction functions required by this section.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.053. Use of Existing Institutions and Agencies

Sec. 242.053.  USE OF EXISTING INSTITUTIONS AND AGENCIES.  (a)  In carrying out the department's duties, the department may make use of law-enforcement, detention, supervisory, medical, educational, correctional, and other facilities, institutions, and agencies in the state.  This section does not authorize the department to assume control of any other agency, institution, or facility in the state, or to require any agency, institution, or facility to serve the department in a manner inconsistent with the authority or function of the agency, institution, or facility or with any law or regulation governing the activity of the agency, institution, or facility.
(b)  When funds are available for the purpose, the department may enter into agreements with appropriate public or private agencies for the separate care and treatment of persons subject to the control of the department.  The department may not make use of any private institution or agency without its consent.  The department shall make reasonable efforts to ensure that the expenditure of appropriations for the purchase of contract residential care for children, not including the purchase of care in foster family homes, be allocated to providers on a fixed monthly basis if that allocation is cost-effective and the number, type, needs, and conditions of the children to be served is reasonably constant.
(c)  The department shall periodically inspect all public and private institutions and agencies whose facilities the department is using.  Every public and private institution and agency shall allow the department reasonable opportunity to examine and consult with children who have been committed to the department and who are in the custody of the institution or agency.
(d)  Placement of a child in, or the release of a child by, any institution not operated by the department does not terminate the authority of the department over the child.  No child placed in an institution or under an agency by the department may be released by the institution or agency without the approval of the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.054. Halfway House Program

Sec. 242.054.  HALFWAY HOUSE PROGRAM.  (a)  The department may not develop a halfway house to be operated by the department if an appropriate private halfway house program is contractually available and the costs under the contract are less than the costs would be if the department provided the services.
(b)  Before the department contracts for the development of a halfway house program, the department shall send prospective service providers a request for a proposal that identifies the program services desired, the population to be served, and potential locations for the program.  The department shall select the service provider that submits the proposal that best meets the department's needs according to standards established by the department.  If the department does not receive a proposal that meets its needs, the department may request funds from the legislature for the development of a halfway house to be operated by the department.
(c)  This section does not apply to halfway houses operated by the department on September 1, 1987.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.055. Crisis Intervention and Assessment Centers

Sec. 242.055.  CRISIS INTERVENTION AND ASSESSMENT CENTERS.  The department may establish a children's crisis intervention and assessment center at a facility owned or operated by the department.  The department may contract with another entity for the provision or use of services at the center.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.056. Advocacy and Support Groups

Sec. 242.056.  ADVOCACY AND SUPPORT GROUPS.  (a)  The department shall allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, persons with mental illness, or victims of sexual assault to provide on-site information, support, and other services for children confined in department facilities.
(b)  The department shall adopt security and privacy procedures for advocacy and support groups that provide on-site information, support, and other services under this section.  The security and privacy procedures may not be designed to deny an advocacy or support group access to children confined in department facilities.
(c)  The department shall adopt standards consistent with standards adopted by the Texas Department of Criminal Justice regarding the confidential correspondence of children confined in department facilities with external entities, including advocacy and support groups.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 38, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.057. Department Programs

Sec. 242.057.  DEPARTMENT PROGRAMS.  (a)  The department shall develop and use standards based on performance to evaluate and compare programs operated by the department.
(b)  When practicable and feasible, the department shall provide specific performance standards for a program serving 10 or more children through an agreement entered into under Section 242.053.  In the performance standards, the department shall include outcome measures for evaluating the quality of services provided under the agreement.
(c)  For the purposes of comparison, the department shall use performance standards that are as consistent as practicable with those used to evaluate and compare programs operated by the department, that measure the benefits and cost-effectiveness of the respective programs, and that measure the average length of stay and rate of recidivism of the children in the program.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.058. Services for Children Not Committed to the Department

Sec. 242.058.  SERVICES FOR CHILDREN NOT COMMITTED TO THE DEPARTMENT.  The department may provide services to a child not committed to the department if the department contracts with a local juvenile probation department, the Health and Human Services Commission, or the Department of Family and Protective Services to provide services to the child.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.059. Additional Facilities; Parole Supervision

Sec. 242.059.  ADDITIONAL FACILITIES; PAROLE SUPERVISION.  When funds are available, the department may:
(1)  establish and operate places for detention and diagnosis of children committed to it;
(2)  establish and operate additional treatment and training facilities, including forestry or parks-maintenance camps and ranches, necessary to classify and treat children committed to the department according to their needs;
(3)  establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and
(4)  assist in establishing training facilities and programs owned and operated by private individuals or organizations which agree to provide services to children committed to the department, including programs for children needing long-term residential care.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.060. Computation of Daily Costs of Facility

Sec. 242.060.  COMPUTATION OF DAILY COSTS OF FACILITY.  In computing the daily costs of a residential facility operated by the department, the department shall use a standard method that is:
(1)  consistent with methods used by other state agencies; and
(2)  designed to reflect the actual cost to the state of operating the facility.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.061. Referrals From Federal Court

Sec. 242.061.  REFERRALS FROM FEDERAL COURT.  The department may enter into agreements with the federal government to accept children from the federal court for an agreed compensation.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.062. Special Accounts

Sec. 242.062.  SPECIAL ACCOUNTS.  (a)  Proceeds from the operation of canteens and vending machines at facilities under the jurisdiction of the department shall be deposited to the credit of a special account in the General Revenue Fund called the canteen revolving fund.  The proceeds shall be used to pay the actual expenses of maintaining and operating the canteens and vending machines.
(b)  Proceeds in excess of the amount required for the expenses described by Subsection (a), donations for student activities, and proceeds from children's fundraising projects shall be deposited to the credit of a special account in the General Revenue Fund called the student benefit fund and may be used only to:
(1)  provide education, recreation, and entertainment to children committed to the department; or
(2)  reimburse children committed to the department for personal property lost or damaged as a result of negligence by the staff of the department.
(c)  Proceeds from shop projects at the facilities under the department's jurisdiction shall be deposited to the credit of a special account in the General Revenue Fund called the vocational shop fund and may be used only to:
(1)  purchase and maintain parts, tools, and other supplies necessary for the shop projects; and
(2)  compensate the students who participate in the projects.
(d)  Registration fees from seminars and conferences conducted by the department shall be deposited to the credit of a special account in the General Revenue Fund called the conference account and may be used only to pay the costs of conducting seminars and conferences.
(e)  Money in the special accounts described by this section is appropriated for the purposes indicated in this section and shall be expended on warrants drawn by the comptroller on the order of the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.063. Student Trust Fund; Contraband Money

Sec. 242.063.  STUDENT TRUST FUND; CONTRABAND MONEY.  (a)  Except as provided by Subsection (b), money belonging to a child committed to the department in excess of the amount the department allows in a child's possession shall be deposited in a trust fund established by the facility operated by the department to which the child is assigned.  The board shall adopt rules governing the administration of the trust fund.
(b)  Money possessed by a child committed to the department that is determined to be contraband money as defined by department rule shall be deposited in the student benefit fund described by Section 242.062(b).  The department shall notify each child committed to the department that the possession of contraband money is subject to confiscation by the department under this subsection.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.064. Debit Card Suspense Accounts

Sec. 242.064.  DEBIT CARD SUSPENSE ACCOUNTS.  (a)  The department may establish debit card suspense accounts necessary to operate magnetic debit card systems at facilities under the jurisdiction of the department to enable the students, employees, and visitors to make purchases of:
(1)  merchandise from vending machines or canteens within the facilities;
(2)  meals from cafeterias within the facilities; and
(3)  services that the facilities are authorized to provide.
(b)  Cash received from cash-to-card machines and amounts electronically transferred for card use from the students' trust fund accounts shall be deposited to debit card suspense accounts in local depositories and held pending card purchases.
(c)  Transfers of cash based on card use for purchases of merchandise or services shall be made from the debit card suspense accounts to the appropriate vendors and to accounts in the state treasury in accordance with laws governing receipt of state revenues.
(d)  Unused debit card balances shall be refunded to the card holders from the debit card suspense accounts.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.065. Religious Training

Sec. 242.065.  RELIGIOUS TRAINING.  The department shall provide for the religious and spiritual training of children in its custody according to the children's individual choices.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.066. Employment or Designation of Chaplain at Certain Department Facilities

Sec. 242.066.  EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT CERTAIN DEPARTMENT FACILITIES.  The department shall ensure that a chaplain is employed or formally designated for each department correctional facility that is an institution.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.067. Violence Prevention and Conflict Resolution Education

Sec. 242.067.  VIOLENCE PREVENTION AND CONFLICT RESOLUTION EDUCATION.  The department shall provide education in violence prevention and conflict resolution that includes discussion of domestic violence and child abuse issues to all children in its custody.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.068. Fire Protection Activities

Sec. 242.068.  FIRE PROTECTION ACTIVITIES.  (a)  The department may perform fire protection, fire prevention, and fire suppression activities at department facilities.
(b)  The department may prescribe circumstances under which, for the benefit of the public safety and welfare, department employees using department equipment may assist municipal or volunteer fire departments in the performance of fire protection, fire prevention, or fire suppression activities near department facilities.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.069. Client Service Contract Standards

Sec. 242.069.  CLIENT SERVICE CONTRACT STANDARDS.  In each contract for the purchase of residential program-related client 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.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.070. Contract Monitoring

Sec. 242.070.  CONTRACT MONITORING.  The department shall establish a formal program to monitor residential program-related client services contracts 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.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter B. Secure Facilities; Services › Section 242.071. Sale or License of Treatment Programs

Sec. 242.071.  SALE OR LICENSE OF TREATMENT PROGRAMS.  (a)  The department may sell or license to an individual or a private or public entity the right to use a treatment program developed by the department.
(b)  Proceeds from the sale or license of a treatment program shall be deposited to the credit of the fund that provided the money to finance the development of the treatment program.
(c)  At the end of each fiscal year, any unexpended proceeds from the sale or license of a treatment program shall be carried over to the next fiscal year to the credit of the fund that provided the money to finance the development of the treatment program.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter C. Abuse or Crimes Committed at Department › Section 242.101. Zero-Tolerance Policy

Sec. 242.101.  ZERO-TOLERANCE POLICY.  (a)  The department shall adopt and enforce a zero-tolerance policy concerning the detection, prevention, and punishment of the sexual abuse, including consensual sexual contact, of children in the custody of the department.
(b)  The department shall establish standards for reporting and collecting data on the sexual abuse of children in the custody of the department.
(c)  The department shall establish a procedure for children in the custody of the department and department employees to report incidents of sexual abuse involving a child in the custody of the department.  The procedure must designate a person employed at the department facility in which the abuse is alleged to have occurred as well as a person who is employed at the department's headquarters to whom a person may report an incident of sexual abuse.
(d)  The department shall prominently display the following notice in the office of the chief administrator of each department facility, the employees' break room of each department facility, the cafeteria of each department facility, and at least six additional locations in each department facility:
THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF A CHILD IN THE CUSTODY OF THE DEPARTMENT.  ANY SUCH VIOLATION MUST BE REPORTED TO __________.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, 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 242 - Operation of Secure Facilities › Subchapter C. Abuse or Crimes Committed at Department › Section 242.103. Detection and Monitoring of Cellular Telephones

Sec. 242.103.  DETECTION AND MONITORING OF CELLULAR TELEPHONES.  (a)  The department may own and the office of the inspector general may possess, install, operate, or monitor an interception device, as defined by Article 18A.001, Code of Criminal Procedure.
(b)  The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor interception devices for the department.
(c)  An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person:
(1)  is designated by the executive director for that purpose; and
(2)  acts in the presence and under the direction of a commissioned officer of the inspector general.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.16, eff. January 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.001. Placement in Department Facilities

Sec. 243.001.  PLACEMENT IN DEPARTMENT FACILITIES.  (a)  The department may not assign a child younger than 15 years of age to the same correctional facility dormitory as a person who is at least 17 years of age unless the department determines that the placement is necessary to ensure the safety of children in the custody of the department.  This subsection does not apply to a dormitory that is used exclusively for short-term assessment and orientation purposes.
(b)  The board by rule shall adopt scheduling, housing, and placement procedures for the purpose of protecting vulnerable children in the custody of the department.  The procedures must address the age, physical condition, and treatment needs of a child as well as any other relevant factor.
(c)  The department shall consider the proximity of the residence of a child's family in determining the appropriate department facility in which to place a child.
(d)  The department shall place a child in the most restrictive setting appropriate as the child awaits an adjudication or prosecution for conduct constituting a felony of the first or second degree while in the department's custody.  The board by rule shall establish placement procedures that guide the department in determining the most appropriate setting for the child based on rehabilitative needs while preserving due process rights.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 40, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.002. Establishment of Minimum Length of Stay

Sec. 243.002.  ESTABLISHMENT OF MINIMUM LENGTH OF STAY.  (a)  The department shall establish a minimum length of stay for each child committed to the department without a determinate sentence.
(b)  In establishing a minimum length of stay for a child, the department shall consider:
(1)  the nature of and seriousness of the conduct engaged in by the child; and
(2)  the danger the child poses to the community.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, 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 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.003. Conveyance of Child to Department

Sec. 243.003.  CONVEYANCE OF CHILD TO DEPARTMENT.  (a)  When a child is to be conveyed to a facility designated by the department, the juvenile court shall assign an officer or other suitable person to accompany the child.  The person assigned to accompany a female must be a woman.
(b)  The cost of conveying the child shall be paid by the county from which the child is committed, except that no compensation shall be allowed other than for the actual and necessary expenses of the child and the person accompanying the child.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, 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 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.004. Notification and Duty to Furnish Information

Sec. 243.004.  NOTIFICATION AND DUTY TO FURNISH INFORMATION.  (a)  When a juvenile court commits a child to the department, the court shall forward to the department a certified copy of the order of commitment.
(b)  The court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession regarding the case.
(c)  If requested by the department, the reports required by this section shall be made on forms furnished by the department or according to an outline furnished by the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, 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 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.005. Information Provided by Committing Court

Sec. 243.005.  INFORMATION PROVIDED BY COMMITTING COURT.  In addition to the information provided under Section 243.004, a court that commits a child to the department shall provide the department with a copy of the following documents:
(1)  the petition and the adjudication and disposition orders for the child, including the child's thumbprint;
(2)  if the commitment is a result of revocation of probation, a copy of the conditions of probation and the revocation order;
(3)  the social history report for the child;
(4)  any psychological or psychiatric reports concerning the child;
(5)  the contact information sheet for the child's parents or guardian;
(6)  any law enforcement incident reports concerning the offense for which the child is committed;
(7)  any sex offender registration information concerning the child;
(8)  any juvenile probation department progress reports concerning the child;
(9)  any assessment documents concerning the child;
(10)  the computerized referral and case history for the child, including case disposition;
(11)  the child's birth certificate;
(12)  the child's social security number or social security card, if available;
(13)  the name, address, and telephone number of the court administrator in the committing county;
(14)  Title IV-E eligibility screening information for the child, if available;
(15)  the address in the committing county for forwarding funds collected to which the committing county is entitled;
(16)  any of the child's school or immunization records that the committing county possesses;
(17)  any victim information concerning the case for which the child is committed;
(18)  any of the child's pertinent medical records that the committing court possesses;
(19)  the Texas Juvenile Justice Department standard assessment tool results for the child;
(20)  the Department of Public Safety CR-43J form or tracking incident number concerning the child; and
(21)  documentation that the committing court has required the child to provide a DNA sample to the Department of Public Safety.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, 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. 38, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.006. Commitment Records

Sec. 243.006.  COMMITMENT RECORDS.  A commitment to the department may not be received in evidence or used in any way in any proceedings in any court except in:
(1)  subsequent proceedings under Title 3 of the Family Code against the same child;
(2)  imposing sentence in any criminal proceedings against the same person; or
(3)  subsequent civil commitment proceedings under Chapter 841, Health and Safety Code, regarding the same person.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, 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 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.007. Information Provided to Committing Court

Sec. 243.007.  INFORMATION PROVIDED TO COMMITTING COURT.  (a)  If a court that commits a child to the department requests, in the commitment order, that the department keep the court informed of the progress the child is making while committed to the department, the department shall provide the court with periodic updates on the child's progress.
(b)  A report provided under Subsection (a) may include any information the department determines to be relevant in evaluating the child's progress, including, as applicable, information concerning the child's treatment, education, and health.
(c)  A report provided under this section may not include information that is protected from disclosure under state or federal law.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, 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 243 - Admission and Commitment; Escape › Subchapter A. Admission and Commitment › Section 243.008. Information Concerning Foster Care History

Sec. 243.008.  INFORMATION CONCERNING FOSTER CARE HISTORY.  (a)  In this section, "foster care" means the placement of a child in the conservatorship of a state agency responsible for providing child protective services.
(b)  The department, during the admission process, shall determine whether a child committed to the department has at any time been in foster care. The department shall record the following on the child's intake form:
(1)  whether the child is currently in foster care; and
(2)  if applicable, the number of times the child has previously been placed in foster care.
(c)  The Department of Family and Protective Services shall, not later than the 14th day after receiving a request from a local juvenile probation department, provide the following information regarding a child in the custody of the probation department:
(1)  whether the child is currently or has been in foster care; and
(2)  if applicable, the number of times the child has previously been placed in foster care.
(d)  Expired.
(e)  Not later than January 31 of each even-numbered year, the department shall submit a report to the governor, the lieutenant governor, and each member of the legislature.  The department shall also make the report available to the public on the department's Internet website.  The report must summarize statistical information concerning the total number and percentage of children in the custody of the department during the preceding two years who have at any time been in foster care.  Data in the report must be disaggregated by:
(1)  age;
(2)  sex;
(3)  race or ethnicity;
(4)  the conduct for which children were committed to the department; and
(5)  children entering the juvenile justice system for the first time.
Added by Acts 2017, 85th Leg., R.S., Ch. 246 (H.B. 932), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 806 (H.B. 2229), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 243 - Admission and Commitment; Escape › Subchapter B. Escape and Violation of Release Conditions › Section 243.051. Apprehension After Escape or Violation of Release Conditions

Sec. 243.051.  APPREHENSION AFTER ESCAPE OR VIOLATION OF RELEASE CONDITIONS.  (a)  If a child who has been committed to the department and placed by the department in any institution or facility has escaped or has been released under supervision and broken the conditions of release:
(1)  a sheriff, deputy sheriff, constable, special investigator, or peace officer may, without a warrant, arrest the child; or
(2)  a department employee designated by the executive director may, without a warrant or other order, take the child into the custody of the department.
(b)  A child who is arrested or taken into custody under Subsection (a) may be detained in any suitable place, including an adult jail facility if the person is 17 years of age or older, until the child is returned to the custody of the department or transported to a department facility.
(c)  Notwithstanding Section 58.005, Family Code, the department may disseminate to the public the following information relating to a child who has escaped from custody:
(1)  the child's name, including other names by which the child is known;
(2)  the child's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;
(3)  a photograph of the child; and
(4)  if necessary to protect the welfare of the community, any other information that reveals dangerous propensities of the child or expedites the apprehension of the child.
Transferred, redesignated and amended from Human Resources Code, Subchapter D, 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. 906 (H.B. 3688), Sec. 1, eff. September 1, 2019.
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 244.001. Initial Examination

Sec. 244.001.  INITIAL EXAMINATION.  (a)  The department shall examine and make a study of each child committed to it within three business days after commitment.  The study shall be made according to rules established by the board and shall include:
(1)  long-term and specialized treatment planning for the child; and
(2)  consideration of the child's:
(A)  medical history;
(B)  substance abuse;
(C)  treatment history;
(D)  psychiatric history;
(E)  sex offender history; and
(F)  violent offense history.
(a-1)  As soon as possible, the department shall develop a written treatment plan for the child which outlines the specialized treatment needs identified by the study described by Subsection (a), makes recommendations for meeting the child's specialized treatment needs, and makes an individually tailored statement of treatment goals, objectives, and timelines.
(b)  For a child for whom a minimum length of stay is established under Section 243.002 of one year or longer, the initial examination must include a comprehensive psychiatric evaluation unless the department had received the results of a comprehensive evaluation of the child conducted not more than 90 days before the date of the initial examination.
(c)  The department shall administer comprehensive psychological assessments to a child as part of the child's initial examination, including assessments designed to identify whether a child is in need of a psychiatric evaluation.  If the results of a child's psychological assessments indicate that the child is in need of a psychiatric evaluation, the department shall as soon as practicable conduct a psychiatric evaluation of the child.
(d)  The board shall establish rules for the periodic review and reevaluation of the written treatment plan as described by Subsection (a-1).
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 244.002. Reexamination

Sec. 244.002.  REEXAMINATION.  (a)  The department shall periodically reexamine each child under its control, except those on release under supervision or in foster homes, for the purpose of determining whether a rehabilitation plan made by the department concerning the child should be modified or continued.
(b)  The reexamination must include a study of all current circumstances of a child's personal and family situation and an evaluation of the progress made by the child since the child's last examination.
(c)  The reexamination of a child may be made as frequently as the department considers necessary, but shall be made at intervals not exceeding six months.
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 244.003. Records of Examinations and Treatment

Sec. 244.003.  RECORDS OF EXAMINATIONS AND TREATMENT.  (a)  The department shall keep written records of all examinations and conclusions based on them and of all orders concerning the disposition or treatment of each child subject to its control.
(b)  Except as provided by Section 243.051(c), these records and all other information concerning a child, including personally identifiable information, are not public and are available only according to the provisions of Section 58.005, Family Code, Section 244.051 of this code, and Chapter 67, Code of Criminal Procedure.
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 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.14, eff. January 1, 2019.
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 244.004. Failure to Examine or Reexamine

Sec. 244.004.  FAILURE TO EXAMINE OR REEXAMINE.  (a)  Failure of the department to examine or reexamine a child as required by this subchapter does not entitle the child to be discharged from the control of the department, but the child may petition the committing court for discharge.
(b)  After due notice to the department, the committing court shall discharge the child from the control of the department unless the department satisfies the court that further control is necessary.
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 244.005. Determination of Treatment

Sec. 244.005.  DETERMINATION OF TREATMENT.  When a child has been committed to the department, the department may:
(1)  permit the child liberty under supervision and on conditions the department believes conducive to acceptable behavior;
(2)  order the child's confinement under conditions the department believes best designed for the child's welfare and the interests of the public;
(3)  order reconfinement or renewed release as often as conditions indicate to be desirable;
(4)  revoke or modify any order of the department affecting a child, except an order of final discharge, as often as conditions indicate; or
(5)  discharge the child from control when the department is satisfied that discharge will best serve the child's welfare and the protection of the public.
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.