reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.4 - Intake, Admission and Release

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Intake. Any individual presented for admission for detention in a short-term
				  detention facility and in need of emergency medical care due to injury, illness
				  or intoxication or in need of mental health intervention shall not be admitted
				  into the short-term detention facility.
(1)
				  The referring person shall be directed to a health care facility to have the
				  individual evaluated and treated.
(2) Subsequent admission to the short-term
				  detention facility is contingent upon written medical clearance provided by a
				  medical or mental health professional.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.5 - Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Gender.
(1) If residents of both genders are housed
				  within the short-term detention facility, short-term detention officers of both
				  genders shall be on duty and available to the residents for every
				  shift.
(2) Short-term juvenile
				  detention officers of one gender shall be the sole supervisors of residents of
				  the same gender during showers, physical searches, pat downs, disrobing of
				  suicidal youth, or during other times in which personal hygiene practices or
				  needs would required the presence of a short-term detention officer of the same
				  gender.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.6 - Data Collection

Current through Reg. 49, No. 28; July 12, 2024
The facility administrator shall ensure that accurate
					 annual statistics are gathered and recorded, including:
(1) total number of admissions;
(2) total days of care provided;
(3) residents' age;
(4) residents' gender;
(5) residents' race;
(6) referring offense of those
				  detained;
(7) length of
				  stay;
(8) average cost per resident
				  per day;
(9) total number of
				  physical restraints applied;
(10)
				  total number of mechanical restraints applied;
(11) total number of room
				  confinements;
(12) total number of
				  resident related injuries to detention staff; and
(13) total number of incidents where chemical
				  agents were applied.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.7 - Residents' Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Facility
				  Records. The facility shall maintain:
(1)
				  dated and signed record of entries by the staff supervising the
				  residents;
(2) a daily report of
				  admissions and releases; and
(3) a
				  single document to identify all residents in the facility and their housing
				  assignment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.8 - Physical Plant

Current through Reg. 49, No. 28; July 12, 2024
(a) Sleeping Units.
				  All sleeping rooms constructed and/or placed into operation on or after the
				  effective date of this standard shall be utilized as single occupancy.
(1) Sleeping rooms constructed and/or placed
				  into operation on or after the effective date of this standard shall have a
				  minimum ceiling height of seven and one-half feet.
(2) Sleeping rooms constructed and/or placed
				  into operation on or after the effective date of this standard shall have a
				  minimum of 60 square feet of floor space.
(3) Residents held in sleeping rooms shall
				  have access to a toilet above floor level, a washbasin, drinking water, running
				  water, and a bed above floor level.
(4) There shall be separate sleeping rooms
				  for male and female residents.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.9 - Security and Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. Written
				  policies for security and control of the facility shall include the following:
(1) procedures to continue operation in the
				  event of a work stoppage;
(2) key
				  control;
(3) control of the use of:
(A) tools;
(B) medical equipment; and
(C) kitchen tools; and
(4) provisions to prevent firearms from
				  entering the secure area of the facility.
(5) Written procedures for coordination with
				  law enforcement authorities in the case of riot, rebellion, escape, or other
				  situations requiring assistance from city, county, or state law enforcement
				  agencies.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.10 - Rules and Discipline

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibited
				  Sanctions. The following sanctions shall be prohibited:
(1) corporal punishment;
(2) humiliating punishment;
(3) one resident sanctioning
				  another;
(4) group punishment for
				  the acts of an individual;
(5)
				  deprivation of food;
(6)
				  deprivation of clothing;
(7)
				  deprivation of sleep;
(8)
				  deprivation of medical services; and
(9) physical exercise used for discipline,
				  compliance, or intimidation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.11 - Food

Current through Reg. 49, No. 28; July 12, 2024
(a) Nutritional Requirements. Meals shall be
				  well balanced and nutritious.
(b)
				  Modified Diets. Modified diets shall be provided in the following
				  circumstances:
(1) upon the recommendation of
				  a physician or dentist; or
(2) when
				  a resident's religious beliefs require it.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.12 - Hygiene

Current through Reg. 49, No. 28; July 12, 2024
(a) Bedding and Towels. Bed linens shall be
				  clean.
(b) Housekeeping Plan. A
				  written housekeeping plan shall be followed which promotes cleanliness,
				  facility sanitation, and control of vermin and pests.
(c) Clothing. Clean socks and underclothing
				  shall be issued daily.
(d) Personal
				  Hygiene. Residents shall be required to bathe or shower daily.
(e) Hygiene Plan. Residents shall be given
				  appropriate instruction on hygiene and shall be required to comply with
				  acceptable rules of personal cleanliness and oral hygiene.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.13 - Health Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Medical
				  Referral. If a staff member believes any resident to be in need of immediate
				  medical attention or if a resident requests treatment, the resident shall be
				  referred for medical services.
(b)
				  Medical Release. Documentation of consent for medical treatment received in
				  accordance with Texas Family Code Section
				  32.001,
				  shall be maintained in applicable resident files.
(c) Medication. In accordance with Texas
				  Human Resources Code Section
				  142.005,
				  the juvenile board shall adopt a policy concerning the administration of
				  medication to residents. The policy shall include which facility employees are
				  authorized to administer medication to residents.
(d) Suicidal Youth.
(1) Prevention Plan.
(A) Each facility shall have a written
				  suicide prevention plan developed in consultation with a mental health
				  professional that addresses the following components:
(i) definitions of high risk and moderate
				  risk suicidal behavior;
(ii)
				  screening methodology to assess a resident's risk of suicide upon admission and
				  upon any indication a resident previously screened may now be at moderate or
				  high risk for suicidal behavior;
(iii) communication among facility staff,
				  mental health professionals, the resident, and the resident's parent or
				  guardian including communication regarding observations or indications a
				  resident previously screened may now be at moderate or high risk for suicidal
				  behavior;
(iv) level of supervision
				  for residents assigned to moderate or high risk for suicidal
				  behavior;
(v) policy and procedure
				  for intervening in suicide attempts;
(vi) reporting of resident suicides and
				  attempted suicides in accordance with any applicable state law, administrative
				  standard, or local policy or ordinance;
(vii) training on the contents and
				  implementation of the suicide prevention plan;
(viii) housing of residents assigned to
				  moderate or high risk of suicidal behavior including the removal from the
				  resident's presence any dangerous objects; and
(ix) mortality reviews designed to review the
				  facility's compliance and possible needed revisions to the suicide prevention
				  plan following a resident's suicide.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.14 - Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Visitation.
(1) Written policies shall allow for
				  regularly scheduled visitation and procedures for emergency
				  visitation.
(2) The parents or
				  guardians of the resident shall be provided a copy of the visitation
				  schedule.
(3) A registry shall be
				  maintained to document the name and relationship to the resident of all
				  visitors.
(4) Attorneys and their
				  representatives may visit residents at any time.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.15 - Residents' Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) Illegal
				  Discrimination. Residents shall not be subjected to discrimination based on
				  race, national origin, religion, sex, or disability.
(b) Supervision. Residents shall not be
				  subjected to supervision and control by other residents. Supervision is to be
				  exercised only by short-term detention officers.
(c) Legal Counsel. Residents have the right
				  to confidential contact with attorneys through telephone, uncensored letters,
				  and personal visits.
(d) Work.
				  Residents may not be required to work unless the activity is related to general
				  housekeeping or as required by a court order or deferred prosecution agreement
				  for community service restitution.
(e) Visitation and Communication. Residents
				  have the right to receive visitors and to communicate and correspond subject
				  only to the limitations necessary to maintain facility security and
				  control.
(f) Use of Medication.
				  Except upon the order of a physician, no stimulant, tranquilizer, or
				  psychotropic drug shall be administered to residents.
(g) Experimentation. Participation by
				  residents in medical, pharmaceutical, or cosmetic experiments is
				  prohibited.
(h) Grievances. The
				  facility shall have a written grievance procedure with at least one level of
				  appeal.
(i) Religion. Residents may
				  participate in religious services and religious counseling voluntarily, subject
				  to the limitations necessary to maintain facility security and
				  control.
(j) Services.
(1) Residents have the right to a program of
				  services including:
(A) one hour of physical
				  exercise per day outside of the resident's cell/sleeping unit; and
(B) one hour of unstructured activity per day
				  outside of the resident's cell/sleeping unit.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.16 - Volunteers and Interns

Current through Reg. 49, No. 28; July 12, 2024
If a short-term detention facility has or develops a
					 volunteer or internship program, the juvenile board shall adopt the following
					 policies:
(1) a description of the
				  authority, responsibility and accountability of volunteers and interns who work
				  with the department;
(2)
				  performance of a Texas criminal history background search (TCIC).
(3) performance of a local law enforcement
				  sex offender registration records check in the city or county where the
				  volunteer or intern resides.
(4)
				  selection and termination criteria including disqualification based on criminal
				  history;
(5) orientation and
				  training requirements including training on recognizing and reporting abuse,
				  exploitation and neglect;
(6) a
				  requirement that volunteers and interns meet minimum applicable professional
				  requirements; and
(7) a provision
				  for a volunteer and intern registry sign-in log.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.17 - Waivers and Variances

Current through Reg. 49, No. 28; July 12, 2024
Unless expressly prohibited by another standard, the
					 juvenile board, chief administrative officer or facility administrator may make
					 an application for waiver and the juvenile board may make an application for
					 variance of any standard or standards adopted by the Commission in accordance
					 with §
										349.200 of
					 this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter C - SHORT-TERM JUVENILE DETENTION OFFICERS › Section 351.30 - Employment of Short-Term Juvenile Detention Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) Qualifications for Employment.
(1) Short-Term Juvenile Detention Officers
				  and Supervisors of Short-Term Juvenile Detention Officers.
(A) An applicant for the position of a
				  short-term juvenile detention officer, or supervisor of short-term juvenile
				  detention officers shall be at least 21 years of age; and
(B) have either a high school diploma or a
				  general equivalency diploma from a high school or issuing authority within the
				  United States of America. An applicant with a high school diploma issued in a
				  foreign country or who completed high school under home schooling may be hired
				  contingent upon a successful validation of the applicant's high school diploma
				  or high school education under subparagraph (C) of this paragraph.
(C) Validation of High School Diploma or High
				  School Education:
(i) Method of Validation.
				  An applicant with a foreign high school diploma, or who received a high school
				  education through home schooling shall validate his/her high school diploma
				  within 3 months from the applicant's date of hire using one of the following
				  methods:
(I) obtaining unconditional
				  acceptance into a college or university accredited by an accrediting
				  organization recognized by the Texas Higher Education Coordinating
				  Board;
(II) receiving a general
				  equivalency diploma;
(III)
				  obtaining evaluation of their high school diploma as the equivalent to a high
				  school diploma received within the United States of America by an educational
				  evaluation service approved by the Commission; and
(IV) providing documentation of the conferral
				  of a bachelor's or master's degree from a university or college accredited by
				  an accrediting organization approved by the Texas Higher Education Coordinating
				  Board.
(ii) A short-term
				  detention officer subject to subparagraph (C) of this paragraph who fails to
				  validate his/her high school education within the three month time frame shall
				  not be the sole supervisor of residents under §
													351.5(a)(2)
				  of this title, nor count toward meeting the supervision ratio under §
													351.5(b)
				  of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter C - SHORT-TERM JUVENILE DETENTION OFFICERS › Section 351.31 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Training Required Before Assuming Duties.
				  Before assuming duties as the facility administrator and before providing
				  supervision to residents, the facility administrator and all short-term
				  detention officers shall be trained in recognition and reporting of abuse,
				  exploitation and neglect, the contents and implementation of the facility's
				  suicide prevention plan, and hold current certification in first aid,
				  cardio-pulmonary resuscitation, and a physical restraint technique that has
				  been approved by the Commission.
(b) Training Required Within 60 Days from
				  Date of Hire.
(1) Within 60 days from the
				  date of hire, the facility administrator and short-term detention officers
				  shall be trained in the following subjects:
(A) Introduction to Juvenile
				  Detention;
(B) Juvenile
				  Rights;
(C) Abuse, Exploitation and
				  Neglect;
(D) Behavior Observation
				  and Recording;
(E) Suicide
				  Prevention and Identification;
(F)
				  Legal Liabilities;
(G) Dynamics of
				  Youth with Mental Illness in Detention Centers;
(H) Behavior Management;
(I) Risk Management, Safety, and
				  Security;
(J) HIV/AIDS and other
				  Communicable Diseases; and
(K)
				  Medical and Health Services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter C - SHORT-TERM JUVENILE DETENTION OFFICERS › Section 351.32 - Requirements for Continued Employment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Criminal History Checks.
(1) The facility
				  administrator, chief administrative officer, or juvenile board shall conduct a
				  criminal history check in accordance with §
											351.30(b)
				  of this title on every short-term juvenile detention officer, supervisor of
				  short-term juvenile detention officers every two years.
(2) The chief administrative officer or
				  juvenile board shall conduct a criminal history check in accordance with §
											351.30(b)
				  of this title on the facility administrator.
(3) A person whose returned criminal history
				  check reveals disqualifying criminal history as described under §
											351.30(c)
				  of this title may not be the sole supervisor of residents under §
											351.5(a)(2)
				  of this title, nor count toward meeting the supervision ratio under §
											351.5(b)
				  of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter C - SHORT-TERM JUVENILE DETENTION OFFICERS › Section 351.33 - Certification

Current through Reg. 49, No. 28; July 12, 2024
The facility administrator of a short-term detention
					 facility, may elect to certify a facility's short-term juvenile detention
					 officers and supervisors of short-term detention officers as detention officers
					 in accordance with 37 Texas Administrative Code Chapter 344. If the election to
					 certify is made, every short-term detention officer within the facility comply
					 with the certification standards found in Chapter 344.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.40 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Approved Physical
				  Restraint Technique ("physical restraint")--A professionally trained restraint
				  technique that uses a person's physical exertion to completely or partially
				  constrain another person's body movement without the use of mechanical
				  restraints. The approved physical restraint technique shall be approved for use
				  by the Commission and adopted by the juvenile board.
(2) Approved Mechanical Restraint Devices
				  ("mechanical restraint")--A professionally manufactured mechanical device to
				  aid in the restriction of a person's bodily movement. The approved mechanical
				  restraint shall be approved by the Commission and adopted by the juvenile
				  board. The following are Commission approved mechanical restraint devices:
(A) Ankle Cuffs--Metal, cloth or leather band
				  designed to be fastened around the ankle to restrain free movement of the
				  legs;
(B) Anklets--Cloth or leather
				  band designed to be fastened around the ankle or leg;
(C) Handcuffs--Metal devices designed to be
				  fastened around the wrist to restrain free movement of the hands and
				  arms;
(D) Plastic Cuffs--Plastic
				  devices designed to be fastened around the wrist or legs to restrain free
				  movement of hands, arms or legs;
(E) Restraint Chair--A professionally
				  manufactured security restraining device that may utilize a combination of
				  handcuffs, leg cuffs, and restraining straps in a specially designed upright
				  contoured chair to provide effective containment of a resident;
(F) Waist Band--A cloth, leather, or metal
				  band designed to be fastened around the waist used to secure the arms to the
				  sides or front of the body; and
(G)
				  Wristlets--A cloth or leather band designed to be fastened around the wrist or
				  arm which may be secured to a waist belt.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.41 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
The use of restraints shall be governed by the following
					 criteria:
(1) restraints shall only be
				  used by juvenile probation and detention officers;
(2) prior to participating in any restraint
				  juvenile probation officers and juvenile detention officers shall be:
(A) certified in the use of the approved
				  physical restraint technique;
(B)
				  trained in the use all approved mechanical restraint devices; and
(C) trained in the use of any approved
				  chemical agents;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.42 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
Restraints that employ a technique listed below are
					 prohibited:
(1) restraints used for
				  punishment, discipline, retaliation, harassment, compliance, intimidation, or
				  as a substitute for room restriction or confinement;
(2) restraints that deprive the resident of
				  basic human necessities including restroom privileges, water, food and
				  clothing;
(3) restraints that are
				  intended to inflict pain;
(4)
				  restraints that put a resident face down with sustained or excessive pressure
				  on the back or chest cavity;
(5)
				  restraints that put a resident face down with pressure on the neck or
				  head;
(6) restraints that obstruct
				  the airway or impair the breathing of the resident;
(7) restraints that restrict the resident's
				  ability to communicate;
(8)
				  restraints that obstruct the view of the resident's face;
(9) any technique that does not require the
				  monitoring of the resident's respiration and other signs of physical distress
				  during the restraint; and
(10)
				  percussive or electrical shocking devices.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.43 - Documentation

Current through Reg. 49, No. 28; July 12, 2024
Documentation. Except as required by §
										351.48(c)
					 of this title, all restraints shall be fully documented and maintained. Written
					 documentation regarding the use of restraints shall require at a
					 minimum:
(1) name of
				  resident;
(2) staff member(s) name
				  and title(s) who administered the restraint;
(3) date of the restraint;
(4) duration of the restraint including
				  notation of the time the restraint began and ended;
(5) location of the restraint;
(6) description of preceding
				  activities;
(7) behavior which
				  prompted the restraint;
(8) type of
				  restraint applied;
(9) efforts made
				  to de-escalate the situation and alternatives to restraint that were attempted;
				  and
(10) any injury that occurred
				  during the restraint.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.44 - Physical Restraint

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements found in §
										351.41,
					 §
										351.42
					 and §
										351.43
					 of this chapter, juvenile probation and detention officers shall be
					 re-certified in the approved physical restraint technique at least every two
					 years.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.45 - Mechanical Restraint

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements found in §
										351.41,
					 §
										351.42
					 and §
										351.43
					 of this chapter, the use of mechanical restraint, except the restraint chair
					 shall be governed by the following criteria:
(1) Requirements.
(A) mechanical restraints shall only be used
				  in a manner consistent with their intended use;
(B) there shall be provisions for the
				  inspection and maintenance of mechanical restraint devices; and
(C) mechanical restraints may be used when
				  moving a resident from point to point within the facility. The mechanical
				  restraint shall terminate upon completion of the resident's
				  relocation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.46 - Restraint Chair

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements.
				  In addition to the requirements found in §§
										351.41,
				  351.42
				  and
				  351.43
				  of this chapter, the use of the restraint chair shall be governed by the
				  following criteria:
(1) only a professionally
				  manufactured restraint chair approved by the juvenile board may be used in a
				  juvenile facility;
(2) the
				  restraint chair may only be used to prevent self-injury, injury to others, or
				  when a resident displays extremely aggressive or disruptive behavior and other
				  approved restraint techniques are inappropriate or ineffective to control the
				  resident's behavior; and
(3) only a
				  juvenile probation or detention officer who has been trained in the proper use
				  of the restraint chair shall:
(A) be
				  authorized to place a resident in the restraint chair; and
(B) provide supervision of a resident placed
				  in the restraint chair;
(4) circulation checks shall be conducted by
				  a juvenile probation or detention officer every 10 minutes;
(5) length of confinement
(A) a resident shall be released from the
				  restraint chair as soon as the resident is no longer a threat to self or others
				  and the resident can be reasonably controlled by staff;
(B) a resident shall be considered for
				  removal from the restraint chair every ten minutes;
(C) the maximum confinement time in the
				  restraint chair is one hour unless authorized by the facility administrator or
				  designee after examination of the resident's condition by one of the following
				  licensed medical professionals:
(i) emergency
				  medical services (EMS/fire rescue);
(ii) paramedic;
(iii) registered nurse (RN);
(iv) physician (MD);
(v) licensed vocational nurse
				  (LVN);
(vi) physician assistant
				  (PA); or
(vii) emergency medical
				  technician (EMT);
(D)
				  five hours is the maximum total time a resident may be restrained in a
				  restraint chair within a twenty-four hour period;
(6) each use of the restraint chair shall be
				  authorized by the facility administrator or designee;
(7) when occupied, the restraint chair shall
				  be placed in an area with minimum visibility by other residents in the
				  facility; and
(8) there shall be
				  provisions for the inspection and maintenance of the restraint chair.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.47 - Chemical Agents

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements found in §
										351.41,
					 §
										351.42
					 and §
										351.43
					 of this chapter, the use of chemical agents shall be governed by the following
					 criteria:
(1) the juvenile board shall
				  authorize under which situations chemical agents may be used;
(2) immediately following the use of a
				  chemical agent, exposed residents shall be examined by a medical professional
				  and treated if necessary;
(3) in
				  all cases, the use of a chemical agent shall be witnessed by a staff member
				  other than the juvenile detention officer using the agent; and
(4) any use of a chemical agent is to be
				  reported to the facility administrator immediately after the
				  incident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter D - RESTRAINTS › Section 351.48 - Transporting Residents Outside Facility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  During transportation of a resident in a vehicle, the resident may not be
				  affixed to any part of the vehicle.
(b) During transportation in a vehicle, a
				  resident may not be secured to another resident.
(c) Mechanical restraints used during routine
				  transportation in a vehicle, or movement of a resident from the facility to
				  another location outside the facility are not required to be documented as a
				  restraint.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 353.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
					 when used in this chapter unless the context clearly indicates
					 otherwise.
(1) Client--An individual
				  who receives or has received substance use disorder services from a provider in
				  a substance use disorder treatment program.
(2) Clinical Training Institution--An
				  individual or legal entity registered with the Texas Department of State Health
				  Services to supervise a licensed chemical dependency counselor
				  intern.
(3) Consenter--The
				  individual legally responsible for giving informed consent for a
				  client.
(4) Counseling--A
				  collaborative process that facilitates the client's progress toward mutually
				  determined treatment goals and objectives. Counseling includes methods that are
				  sensitive to individual client characteristics, to the influence of significant
				  others, and to the client's cultural and social context.
(5) Diagnostic and Statistical Manual of
				  Mental Disorders (DSM)--The Diagnostic and Statistical Manual of Mental
				  Disorders, published by the American Psychiatric Association. Any reference to
				  DSM constitutes a reference to the most recent edition unless the context
				  clearly indicates otherwise.
(6)
				  Discharge--Formal, documented termination of services.
(7) Juvenile Justice Facility (or
				  Facility)--A facility operated wholly or partly by the juvenile board, by
				  another governmental unit, or by a private vendor under a contract with the
				  juvenile board, county, or other governmental unit that serves juveniles under
				  juvenile court jurisdiction. The term includes:
(A) a public or private juvenile
				  pre-adjudication secure detention facility, including a holdover
				  facility;
(B) a public or private
				  juvenile post-adjudication secure correctional facility except for a facility
				  operated solely for children committed to the Texas Juvenile Justice
				  Department; and
(C) a public or
				  private non-secure juvenile post-adjudication residential treatment facility
				  that is not licensed by the Texas Department of Family and Protective Services
				  or the Texas Department of State Health Services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 353.102 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these rules is to ensure that juveniles
					 receiving substance use disorder treatment offered by juvenile justice
					 facilities or programs are afforded an efficient, effective, and appropriate
					 continuum of services that are designed to address the juvenile's substance use
					 disorder treatment needs. These rules further serve to protect the health,
					 safety, and welfare of those juveniles receiving substance use disorder
					 treatment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 353.103 - Interpretation and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) When
				  the terms
include, includes,
and
including
are used in this chapter, the items that follow constitute a non-exhaustive
				  list unless the context clearly indicates otherwise.
(b) This chapter applies to a juvenile
				  justice facility or juvenile justice program that provides substance use
				  disorder treatment. This chapter does not apply to a juvenile justice facility
				  or juvenile justice program that provides only supplemental support or
				  substance use disorder services that do not include substance use disorder
				  treatment.
(c) The provisions of
				  this chapter apply in addition to other chapters relevant to the juvenile
				  justice facility or program.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 353.104 - TJJD Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) A juvenile
				  board or its designee must notify TJJD in writing prior to a juvenile justice
				  facility or program in its jurisdiction offering a substance use disorder
				  treatment program. This provision does not apply to treatment programs in
				  operation before September 1, 2017.
(b) The juvenile board or its designee must
				  notify TJJD in writing if the juvenile justice facility or program ceases the
				  operation of a substance use disorder treatment program.
(c) If the juvenile board authorizes a
				  designee to provide either of these notifications, the authorization shall be
				  in writing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 353.105 - Waiver or Variance to Standards

Current through Reg. 49, No. 28; July 12, 2024
Unless expressly prohibited by another standard, an
					 application for a waiver or variance of any standard in this chapter may be
					 submitted in accordance with §
										349.200 of
					 this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 353.201 - Standard of Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Providers
				  shall:
(1) provide adequate and appropriate
				  services consistent with best practices and industry standards;
(2) maintain objectivity;
(3) respect each client's dignity, protect
				  each client's rights, and act with integrity in providing services;
(4) ensure the treatment services, lectures,
				  and written materials are age-appropriate and easily understood by clients;
				  and
(5) involve the client's
				  parent/guardian or an alternate support system in the treatment process or
				  document why this is not possible or appropriate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 353.202 - Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) Providers shall
				  recognize the limitations of their abilities and shall not offer services
				  outside their scope of practice or use techniques that exceed their
				  professional competence.
(b)
				  Providers shall not make any claim, directly or by implication, that they
				  possess professional qualifications or affiliations that they do not
				  possess.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 353.203 - Verification and Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Before
				  allowing a provider to provide services in a treatment program, the juvenile
				  justice facility or program shall verify with the credentialing authority that
				  the provider has the required credentials and is in good standing. The juvenile
				  justice facility or program shall maintain documentation of its
				  compliance.
(b) The treatment
				  program shall maintain a list of each of its personnel who qualify as a QCC and
				  maintain documentation that supports such qualification.
(c) The facility or program must comply with
				  its obligations under Section 81.003, Texas Civil Practices and Remedies Code,
				  and maintain documentation of its compliance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 353.204 - Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) Providers must adhere to established
				  professional codes of ethics. These codes of ethics define the professional
				  context within which the provider works in order to maintain professional
				  standards and a professional license and to safeguard the client or
				  participant.
(b) Juvenile justice
				  facilities and programs must adopt and implement written policies and
				  procedures to ensure that all suspected unethical conduct by a provider is
				  reported to the appropriate regulatory body in accordance with the rules of the
				  regulatory body.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 353.205 - License Chemical Dependency Counselor Interns

Current through Reg. 49, No. 28; July 12, 2024
A facility or program with personnel that includes licensed
					 chemical dependency counselor interns must be registered with the Texas
					 Department of State Health Services as a clinical training institution and
					 comply with all applicable requirements.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter C - TREATMENT PROGRAM REQUIREMENTS › Section 353.301 - Notice of Client Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) Before
				  services in a treatment program begin, the facility or program shall provide
				  each client with a notice of rights, which shall read as follows:
(1) You have the right to be told the
				  following information before you start receiving services in the treatment
				  program:
(A) the condition that will be
				  treated;
(B) the proposed
				  treatment;
(C) the risks, benefits,
				  and side effects of all proposed treatment;
(D) how your physical and mental health may
				  be affected if you refuse treatment;
(E) other treatments that are available and
				  which ones, if any, might be appropriate for you; and
(F) the amount of time you will probably
				  spend in the treatment program.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter C - TREATMENT PROGRAM REQUIREMENTS › Section 353.302 - Client Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The treatment
				  program shall establish and maintain a separate treatment record for every
				  client, beginning at the time of admission into the treatment
				  program.
(b) The treatment program
				  shall protect all client records and other client-identifying information from
				  destruction, loss, or tampering and from unauthorized access, use, or
				  disclosure. These safeguards must protect against verbal disclosure and prevent
				  unsecured maintenance of records or recording of an activity or presentation
				  without appropriate releases. Information that identifies those seeking
				  services shall be protected to the same degree as information that identifies
				  clients.
(c) Only personnel whose
				  duties require access to client records may have such access. The treatment
				  program shall keep records locked at all times unless authorized personnel are
				  continuously present in the immediate area.
(d) The treatment program shall comply with
				  federal and state confidentiality laws and regulations, including 42 CFR Part 2
				  (federal regulations on the confidentiality of substance use disorder patient
				  records), Chapter 611, Texas Health and Safety Code (relating to mental health
				  records), and the Health Insurance Portability and Accountability Act of 1996
				  (HIPAA). The treatment program shall also protect the confidentiality of HIV
				  information as required in Section
				  81.103, Texas
				  Health and Safety Code (relating to confidentiality; criminal
				  penalty).
(e) The treatment program
				  shall adopt written policies for personnel regarding the confidentiality of
				  substance use disorder treatment records under the law. The policies shall
				  specify the circumstances in which information regarding a client's substance
				  use disorder treatment may be shared by law.
(f) The treatment program may not deny
				  clients access to the content of their records except as provided by Section
				  611.0045,
				  Texas Health and Safety Code, and HIPAA or other law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter C - TREATMENT PROGRAM REQUIREMENTS › Section 353.303 - General Documentation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The treatment program shall keep complete, current documentation.
(b) All documents shall be factual and
				  accurate.
(c) All documents and
				  entries shall be dated and either signed or electronically authenticated by the
				  person responsible for the content.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter C - TREATMENT PROGRAM REQUIREMENTS › Section 353.304 - Location and Environment

Current through Reg. 49, No. 28; July 12, 2024
(a) Services
				  shall be provided in an appropriate, safe, clean, and well-maintained
				  environment.
(b) Private space must
				  be provided and used for confidential interactions, including all group
				  counseling sessions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 353 - SUBSTANCE ABUSE TREATMENT PROGRAM › Subchapter C - TREATMENT PROGRAM REQUIREMENTS › Section 353.305 - Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The juvenile
				  justice facility or program shall adopt and implement written policies and
				  procedures for the treatment program. The policies and procedures must contain,
				  at a minimum, the following:
(1) a statement
				  of the treatment program's purposes, goals, and objectives;
(2) a description of the services offered and
				  how they are provided; and
(3) a
				  description of the population to be served.