Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter A - DEFINITIONS › Section 349.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this chapter shall have the
					 following definitions unless the context clearly indicates otherwise.
(1) Address of record--A Certified Officer's
				  most recent address of record with the Texas Juvenile Probation
				  Commission.
(2) Administrative
				  Designee--The chief administrative officer or facility administrator who was
				  directly responsible for the policies and procedures that resulted in an
				  incident of abuse, neglect or exploitation.
(3) Administrative review--A review by a
				  Commission-appointed hearing examiner of the case that formed the basis for
				  assigning the role of Designated Perpetrator or Administrative Designee to a
				  Certified Officer.
(4) Alleged
				  Victim--A juvenile under the jurisdiction of the juvenile court or
				  participating in a program operated under the authority of the governing board
				  or juvenile board who is alleged to be a victim of abuse, neglect or
				  exploitation.
(5) Alleged
				  Perpetrator--A person alleged as being responsible for the abuse, neglect or
				  exploitation of a juvenile through the person's actions or failure to
				  act.
(6) APA--The Texas
				  Administrative Procedure Act, Chapter 2001 of the Texas Government Code
				  Annotated.
(7) Applicant--An
				  individual applying for certification or recertification as a juvenile
				  supervision or probation officer.
(8) Attorney of record--A person licensed to
				  practice law in Texas who has provided the Commission with written notice of
				  representation.
(9) Authorized
				  representative--An attorney authorized to practice law in the State of Texas
				  or, if authorized by applicable law, a person designated by a party to
				  represent the party.
(10)
				  Board--The governing board of the Texas Juvenile Probation
				  Commission.
(11) Certified
				  Officer--A juvenile supervision or probation officer who has satisfied the
				  minimum certification requirements and is currently certified by the
				  Commission.
(12) Chief
				  Administrative Officer--Regardless of title, the person hired by a juvenile
				  board who is responsible for oversight of the day-to-day operations of a
				  juvenile probation department, including a juvenile probation department with
				  multi-county jurisdiction.
(13)
				  Code of Ethics--The Certified Officer Code of Ethics contained in Chapter 345
				  of this title.
(14) Commission--The
				  Texas Juvenile Probation Commission.
(15) Default proceeding--The issuance of a
				  proposal for decision or an order in which the factual allegations against the
				  Certified Officer in a contested case are deemed admitted as true upon the
				  Certified Officer's failure to appear at a properly noticed hearing or failure
				  to file a response to the formal charges.
(16) Designated Perpetrator--The individual
				  responsible for the abuse, neglect or exploitation of a juvenile who has not
				  exhausted the right to administrative review or whose right to administrative
				  review has not expired.
(17)
				  Disciplinary Action--Commission action that could adversely affect the
				  certification of a Certified Officer.
(18) Disciplinary Proceedings--Initiation and
				  pursuit by the Commission of proceedings that could result in disciplinary
				  action.
(19) Executive
				  Director--The Executive Director of the Texas Juvenile Probation
				  Commission.
(20) Facility
				  Administrator--An individual designated by the chief administrative officer or
				  governing board of a juvenile justice facility as the on-site program director
				  or superintendent of a secure facility.
(21) Formal Charges--Formal pleading by the
				  Commission alleging the basis for disciplinary action against a Certified
				  Officer.
(22) Hearing--An
				  adjudicative proceeding at the State Office of Administrative
				  Hearings.
(23) Judge--A State
				  Office of Administrative Hearings administrative law judge who presides over an
				  administrative hearing held under Chapter 2001 of the Texas Government Code
				  Annotated.
(24) Juvenile Board--A
				  county's governing board created under Chapter 152 of the Texas Human Resources
				  Code.
(25) Juvenile Probation
				  Department ("department")--A county or district level governmental unit
				  established under the authority of a juvenile board to facilitate the execution
				  of the responsibilities of a juvenile probation department enumerated in Title
				  3 of the Texas Family Code and Chapter 141 of the Texas Human Resources
				  Code.
(26) Juvenile Justice
				  Facility ("facility")--A facility, including its premises and all affiliated
				  sites, whether contiguous or detached, operated wholly or partly by or under
				  the authority of the governing board, juvenile board or by a private vendor
				  under a contract with the governing board, juvenile board or 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 short-term detention
				  facility (i.e., holdover) required to be certified in accordance with §
											51.12
				  of the Texas Family Code;
(B) A
				  public or private juvenile post-adjudication secure correctional facility
				  required to be certified in accordance with §
											51.125
				  of the Texas Family Code, except for a facility operated solely for children
				  committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile
				  post-adjudication residential treatment facility housing juveniles under
				  juvenile court jurisdiction.