reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.802 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Restraints shall be used only by juvenile
				  supervision officers and juvenile probation officers.
(b) Prior to participating in a restraint,
				  juvenile probation officers and juvenile supervision officers shall be trained
				  in the use of the facility's specific verbal de-escalation policies,
				  procedures, and practices.
(c)
				  Prior to participating in a restraint, juvenile probation officers and juvenile
				  supervision officers shall have received training and demonstrated competency
				  in the approved restraint techniques and devices used by the
				  facility.
(d) Restraints shall be
				  used only to prevent imminent or active:
(1)
				  self-injury or injury to others;
(2) serious property damage; or
(3) escapes.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.804 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
Restraints that employ any of the following techniques are
					 prohibited:
(1) restraints used for
				  punishment, discipline, retaliation, harassment, compliance, intimidation, or
				  as a substitute for an appropriate disciplinary seclusion;
(2) restraints that deprive the resident of
				  basic human necessities, including restroom opportunities, water, food, and
				  clothing;
(3) restraints that are
				  intended to inflict pain;
(4)
				  restraints that place a resident in a prone or supine position with sustained
				  or excessive pressure on the back, chest, or torso;
(5) restraints that place a resident in a
				  prone or supine position with pressure on the neck or head;
(6) restraints that obstruct the resident's
				  airway, including a procedure that places anything in, on, or over the
				  resident's mouth or nose;
(7)
				  restraints that interfere with 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 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.806 - Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for restraints addressed in §
										343.818
				  of this title, all restraints shall be fully documented and the documentation
				  shall be maintained. Documentation shall include an accurate description of the
				  restraint event, including:
(1) the name of
				  the resident;
(2) the name and
				  title of each staff member who administered the restraint;
(3) a narrative description of the restraint
				  event from each staff member who participated in the restraint;
(4) the date of the restraint;
(5) the duration of each type of restraint
				  (e.g., personal, mechanical), including notation of the time each type of
				  restraint began and ended;
(6) the
				  location of the restraint;
(7) the
				  events and behavior that prompted the initial restraint and any continued
				  restraint;
(8) de-escalation
				  efforts and all restraint alternatives attempted;
(9) the type of restraint(s) applied,
				  including, as applicable:
(A) the specific
				  type of personal restraint hold applied;
(B) the type of mechanical restraint
				  device(s) applied; and
(C) the type
				  of chemical restraint(s) used; and
(10) whether or not any injury occurred
				  during the restraint and a description of any injuries.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.808 - Personal Restraint

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  shall not use a personal restraint technique before it has been approved for
				  use by TJJD.
(b) Personal
				  restraints shall be administered in a manner consistent with the approved
				  personal restraint technique adopted by the facility.
(c) Juvenile supervision officers and
				  juvenile probation officers shall be retrained in the approved personal
				  restraint technique in accordance with the requirements of the technique or at
				  least once every 365 calendar days, whichever time frame is shorter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.810 - Mechanical Restraint

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements.
(1) Only TJJD-approved mechanical restraint
				  devices shall be used by a facility.
(2) Mechanical restraint devices shall be
				  used only in a manner consistent with their intended use.
(3) All mechanical restraint devices shall be
				  inspected at least once each year, no later than the last day of the calendar
				  month of the previous year's inspection. The dates of the inspections shall be
				  documented.
(4) All faulty or
				  malfunctioning devices shall be restricted from use until they are repaired or
				  replaced. Any maintenance performed shall adhere to the manufacturer's
				  guidelines.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.812 - Non-Ambulatory Mechanical Restraints

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Non-ambulatory mechanical restraints shall be used only in response to a
				  resident's overt self-injurious behavior and only when other less restrictive
				  interventions or other forms of physical restraint have been deemed to be
				  inappropriate or ineffective.
(b)
				  The initial use of non-ambulatory mechanical restraints shall receive
				  incident-specific authorization from the facility administrator or designee.
				  Standing orders authorizing non-ambulatory mechanical restraints are
				  prohibited.
(c) Non-ambulatory
				  mechanical restraints shall be conducted in an area or room that is not visible
				  to other residents but in a location that is readily accessible to health care
				  professionals or specially trained staff with supervisory responsibilities
				  specific to the oversight of the non-ambulatory mechanical
				  restraints.
(d) A room or cell with
				  fixed or static non-ambulatory mechanical restraint fixtures or mechanisms
				  (e.g., anchoring points or devices) shall be used to house a resident who is
				  not being restrained in a non-ambulatory mechanical restraint only if the
				  resident is being provided constant supervision.
(e) Non-ambulatory mechanical restraints
				  shall be restricted to professionally manufactured, standards-compliant
				  restraint beds, restraint chairs, and soft restraint devices.
(f) A written recommendation from a health
				  care professional or a mental health provider is required for a non-ambulatory
				  mechanical restraint to continue longer than one hour.
(g) Non-ambulatory mechanical restraints
				  lasting two hours in duration shall be considered a behavioral health crisis
				  and shall result in an immediate referral to a mental health provider or a
				  mental health facility for assessment and possible treatment.
(h) Under no circumstances shall a
				  non-ambulatory mechanical restraint exceed three hours in duration within a
				  24-hour period. The collective time a resident spends in multiple
				  non-ambulatory mechanical restraints occurring within a 24-hour period shall
				  not exceed three hours.
(i)
				  Residents in a non-ambulatory mechanical restraint shall be provided:
(1) constant visual supervision by a juvenile
				  supervision officer or juvenile probation officer;
(2) an opportunity for expanded physical
				  motion for not less than five minutes at every 30-minute interval;
(3) an opportunity to drink water every
				  hour;
(4) regularly prescribed
				  medications, unless otherwise ordered by a physician; and
(5) an opportunity to eliminate bodily waste
				  at least every hour.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.816 - Chemical Restraints

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements found in §§
										343.802,
					 343.804,
					 and
					 343.806
					 of this chapter, the use of chemical restraints shall be governed by the
					 following criteria:
(1) chemical
				  restraints shall only be used in response to episodes of resident riot and only
				  then when other forms of approved restraints are deemed to be inappropriate or
				  ineffective;
(2) the use of
				  chemical restraints shall receive incident-specific authorization from the
				  facility administrator. Standing orders authorizing chemical restraints are
				  prohibited;
(3) chemical restraints
				  are restricted to professionally manufactured and commercially available
				  defense sprays and vaporizing agents containing either Oleoresin Capsicum
				  (i.e., OC pepper sprays) or Orthochlorobenzalmalonoitrile (i.e., tear
				  gas);
(4) chemical restraint
				  deployment devices shall be stored in a locked area, and the issuance of these
				  devices to juvenile supervision officers shall not commence until the facility
				  administrator's authorization has been provided;
(5) chemical restraints shall not be used on
				  a resident when he or she is in a personal or mechanical restraint, or
				  otherwise under control;
(6)
				  immediately following the use of a chemical restraint, the exposed resident
				  shall be visually or physically examined by a health care professional and
				  provided treatment if necessary; and
(7) chemical agent compatible neutralizers or
				  decontaminants shall be readily available for use on residents who have been
				  exposed to chemical restraints.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 343 - SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES › Subchapter E - RESTRAINTS › Section 343.818 - Preventive Mechanical Restraints

Current through Reg. 49, No. 28; July 12, 2024
For resident, staff, and public safety purposes, a resident
					 may be placed in ankle cuffs, handcuffs, wristlets, or a waist belt absent the
					 imminent threat requirements in §
										343.802(d)
					 of this title. These types of preventive mechanical restraints are authorized
					 under the following circumstances:
(1)
				  Mechanical restraints may be used when moving a resident from point to point
				  within the premises of a secure facility. The mechanical restraint devices
				  shall be removed upon completion of the resident's relocation.
(2) Mechanical restraints may be used when
				  transporting a resident in a vehicle. However, a resident shall not be secured
				  to:
(A) any part of the vehicle; or
(B) another resident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter A - DEFINITIONS AND APPLICABILITY › Section 344.110 - Interpretation and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Conflicting Standards. If a general provision contained in this chapter
				  conflicts with a specific provision contained in another chapter promulgated by
				  TJJD, the specific language controls.
(b) Use of the Words "Including" and
				  "Includes." When used in this chapter, the words "including" and "includes" are
				  to be understood as introducing a non-exhaustive list unless the context
				  clearly indicates otherwise.
(c)
				  Applicability.
(1) This chapter applies to
				  all juvenile justice programs and facilities in this state unless expressly
				  stated otherwise.
(2) All
				  provisions of this chapter apply regardless of the date an individual is hired
				  or begins service provision unless expressly stated otherwise.
(3) All employment and education requirements
				  in this chapter must have been completed prior to the date an individual begins
				  employment in the position to which the requirements apply.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.200 - General Qualifications for Positions Requiring Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Juvenile
				  Probation Officer. To be eligible for certification as a juvenile probation
				  officer, supervisor of a juvenile probation officer, or chief administrative
				  officer, an individualmust:
(1) be at least
				  21 years of age;
(2) be of good
				  moral character;
(3) have no
				  disqualifying criminal history as described in this chapter;
(4) have no criminal history as described in
				  §
											344.410(a)
				  of this chapter unless TJJD has reviewed it and determined the person is not
				  ineligible for certification due to the criminal history;
(5) have acquired a bachelor's degree
				  conferred by a college or university accredited by an organization recognized
				  by the Texas Higher Education Coordinating Board;
(6) possess the work experience required in
				  §
											344.210 of this
				  chapter or graduate study required in §
											344.204 of
				  this chapter;
(7) never have had
				  any type of certification revoked by TJJD;
(8) complete the training required by this
				  chapter; and
(9) pass the
				  certification exam as required by §
											344.700 of
				  this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.202 - General Qualifications for Facility Administrators

Current through Reg. 49, No. 28; July 12, 2024
To serve as a facility administrator, an individual
					 must:
(1) obtain and maintain an
				  active certification as a juvenile supervision officer in accordance with
				  requirements of this chapter;
(2)
				  have acquired a bachelor's degree conferred by a college or university
				  accredited by an organization recognized by the Texas Higher Education
				  Coordinating Board; and
(3) possess
				  the work experience required in §
										344.210
				  of this title or graduate study required in § 344.204(a) of this
				  title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.204 - Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Juvenile
				  Probation Officer.
(1) To be eligible for
				  certification as a juvenile probation officer, an individual must meet the
				  following educational requirements:
(A) have
				  acquired a bachelor's degree conferred by a college or university accredited by
				  an organization recognized by the Texas Higher Education Coordinating Board;
				  and
(B) have either:
(i) one year of graduate study at a college
				  or university accredited by an organization recognized by the Texas Higher
				  Education Coordinating Board in criminology, corrections, counseling, law,
				  social work, psychology, sociology, or other field of instruction approved by
				  TJJD; or
(ii) qualifying work
				  experience as specified in §
													344.210
				  of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.206 - Validation Requirements for Foreign Diplomas

Current through Reg. 49, No. 28; July 12, 2024
(a) A high school diploma issued by a foreign
				  high school that does not meet the accreditation requirement in §
				  344.204(b)(1) of this title must be accompanied by an evaluation of the diploma
				  verifying that the high school education received is the substantial equivalent
				  of a high school education received in the United States.
(b) The evaluation must be performed by an
				  evaluation service that is a member of the National Association of Credential
				  Evaluation Services.
(c) The
				  department or facility may not accept the results of the evaluation unless the
				  results are sent directly to the department or facility.
(d) The department or facility may require
				  the individual who is seeking employment to initiate the evaluation and pay any
				  required fees.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.208 - Persons Not Subject to Minimum Educational Requirements

Current through Reg. 49, No. 28; July 12, 2024
Individuals employed as juvenile probation officers prior
					 to September 1, 1981, and who have maintained continuous employment as a
					 juvenile probation officer since that date are not subject to the minimum
					 educational requirements set forth in Texas Human Resources Code §
										222.001
					 and in this chapter. A juvenile probation officer who experiences an
					 interruption or lapse of employment as a juvenile probation officer must meet
					 all current applicable employment, certification, and training
					 requirements.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.210 - Work Experience

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  for certification as a juvenile probation officer, an individual who does not
				  meet the graduate study requirement in § 344.204 of this title must have
				  one year of experience in full-time paid and/or full-time unpaid case work,
				  counseling, community, or group work:
(1) in
				  a social service, community, corrections, or juvenile agency that deals with
				  offenders or disadvantaged persons; and
(2) that provides the kind of experience
				  necessary to meet this requirement, as determined by TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.212 - Verification of Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
A department or facility must require an applicant for a
					 position requiring certification to provide the department or facility with
					 official documentation that verifies the applicant meets the educational
					 requirements for certification.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.220 - Exemptions from Required Work Experience or Graduate Study

Current through Reg. 49, No. 28; July 12, 2024
(a) A department or
				  facility may request an exemption from the requirement for one year of graduate
				  study in § 344.204 of this title or one year of full-time work experience
				  in §
										344.210
				  of this title if the department or facility uses TJJD's certification system
				  to:
(1) submit the exemption request;
				  and
(2) document that diligent
				  efforts were made to employ an individual who meets the graduate study or work
				  experience requirement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter B - QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT › Section 344.230 - Persons Who May Not Act as a Chief Administrative Officer, Facility Administrator, Juvenile Probation Officer, Juvenile Supervision Officer, or Community Activities Officer

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Section
					 222.004,
					 Texas Human Resources Code, a peace officer, prosecuting attorney, or other
					 person who is employed by or who reports directly to a law enforcement or
					 prosecution official may not act as a chief administrative officer, facility
					 administrator, juvenile probation officer, juvenile supervision officer, or
					 community activities officer or be made responsible for supervising a juvenile
					 on probation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter C - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 344.300 - Criminal History Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) Department or
				  facility policy must prohibit direct, unsupervised access to juveniles in a
				  juvenile justice program or facility by the following:
(1) any person with a disqualifying criminal
				  history as described in §
											344.400
				  of this chapter; and
(2) any person
				  with a criminal history described in §
											344.410(a)
				  of this chapter, unless the person's criminal history has been reviewed by TJJD
				  or the juvenile board or designee, as appropriate, and the review results in a
				  determination that the person is not ineligible for certification, employment,
				  or service in the position.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter C - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 344.302 - Military History Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
				  individual who is subject to a criminal history check has prior military
				  experience, the department or facility must review the applicant's most recent
				  separation or discharge documents.
(b) In the event separation or discharge
				  documents reflect character of service that is anything other than "honorable
				  discharge" or "honorably discharged," the department or facility must:
(1) attempt to obtain authorization from the
				  applicant for the release of information; and
(2) request additional information from the
				  appropriate governmental entity to determine whether the reason for discharge
				  was the result of disqualifying criminal conduct.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter C - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 344.312 - Criminal History Checks for Employees of Licensed Facilities or Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Employees of facilities or programs that
				  are licensed by the Texas Department of Family and Protective Services, the
				  Texas Health and Human Services Commission, their successor agencies, or the
				  equivalent agencies in other states are exempt from the requirements of §
										344.300
				  and § 344.302 of this title. However, the chief administrative officer or
				  designee must obtain documentation confirming that the license of the facility
				  or program is in good standing with the licensing entity.
(b) For purposes of this section, the term
				  license includes a permit, certificate, approval, registration, or other form
				  of permission required by law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter C - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 344.320 - Criminal History Checks for Position and Departmental Transfers and for Optional Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The employing
				  department or facility must complete a criminal history check in accordance
				  with §
										344.300
				  and §
										344.302
				  of this chapter when:
(1) an individual who
				  was not previously certified accepts a position requiring
				  certification;
(2) a certified
				  officer employed by a department or facility accepts simultaneous or subsequent
				  employment at a department or facility operated by or under contract with a
				  different juvenile board; or
(3)
				  the department or facility is seeking certification for a person in a position
				  that allows for optional certification as provided in §
											344.802
				  of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter C - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 344.330 - Criminal History Checks for Employees of Private Juvenile Justice Facilities

Current through Reg. 49, No. 28; July 12, 2024
The following provisions apply when a private juvenile
					 justice facility is operating under contract with a governmental entity as
					 required by Sections
					 51.12,
					 51.125,
					 and
					 51.126,
					 Texas Family Code.
(1) The juvenile
				  probation department serving the county where the private facility is located
				  is responsible for performing the checks and subscribing to the
				  Fingerprint-Based Applicant Clearinghouse of Texas (FACT), as required under
				  §
										344.300
				  of this chapter, for the private facility.
(2) The department and the private facility
				  must have a written agreement that:
(A)
				  authorizes the private facility to have access to information resulting from
				  the criminal history checks;
(B)
				  limits the private facility's use of the information to the purpose for which
				  it is given;
(C) requires the
				  private facility to ensure the confidentiality of the information;
				  and
(D) provides for sanctions if
				  the private facility violates a requirement in subparagraphs (B) or (C) of this
				  paragraph.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter C - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 344.350 - Background Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) Before making
				  an offer of employment for a position eligible for certification under this
				  chapter, a department or facility must verify that the applicant:
(1) has not been designated as ineligible for
				  certification by TJJD;
(2) has not
				  had his/her certification revoked;
(3) is not currently under an order of active
				  suspension issued by TJJD; and
(4)
				  is not currently ineligible to take the certification exam due to repeated
				  failures to pass the exam as described in §
											344.700
				  of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter D - DISQUALIFYING CRIMINAL HISTORY › Section 344.400 - Disqualifying Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants for
				  Certification. An individual with the following criminal history is not
				  eligible for certification or for employment in a position requiring
				  certification:
(1) deferred adjudication or
				  conviction for a felony listed in Texas Code of Criminal Procedure Article
				  42A.054 (formerly known as "3(g) offenses" under former Article 42.12) or a
				  substantially equivalent violation against the laws of another state or the
				  United States (as determined by TJJD), regardless of the date of disposition;
				  or
(2) deferred adjudication or
				  conviction for a sexually violent offense as defined in Article
				  62.001, Texas Code of
				  Criminal Procedure, or a substantially equivalent violation against the laws of
				  another state or the United States (as determined by TJJD), regardless of the
				  date of disposition.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter D - DISQUALIFYING CRIMINAL HISTORY › Section 344.410 - Other Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants for
				  Certification.
(1) An individual with the
				  following criminal history is not eligible for certification, employment, or
				  otherwise providing service in a position requiring certification without prior
				  review and approval by TJJD as provided in § 344.420 of this chapter:
(A) deferred adjudication or conviction for a
				  felony other than those referenced in §
												344.400(a)
				  of this chapter or a substantially equivalent violation against the laws of
				  another state or the United States (as determined by TJJD) if the date of
				  deferred adjudication or conviction was less than 10 years prior to the date
				  the review is requested; or
(B)
				  deferred adjudication or conviction for any Class A or B misdemeanor in Texas
				  or a substantially equivalent violation against the laws of another state or
				  the United States (as determined by TJJD) if the date of deferred adjudication
				  or conviction was less than five years prior to the date the review is
				  requested.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter D - DISQUALIFYING CRIMINAL HISTORY › Section 344.420 - Review of Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) A department or
				  facility must request review from TJJD and receive confirmation from TJJD that
				  approval has been granted before:
(1) hiring,
				  contracting with, or otherwise placing a person with a criminal history
				  described by §
											344.410(a)
				  of this chapter into a position requiring certification; or
(2) seeking optional certification as
				  provided in §
											344.802
				  of this chapter for a person with a criminal history described by §
											344.410(a)
				  of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter D - DISQUALIFYING CRIMINAL HISTORY › Section 344.430 - Arrest or Conviction of Current Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to individuals employed by, under contract with, or otherwise providing
				  services at a department or facility who are certified or for whom the
				  department or facility is seeking certification, whether they are serving in a
				  position requiring certification or in a position for which certification is
				  optional under §
										344.802
				  of this chapter.
(b) If a
				  department or facility receives notification that an individual to whom this
				  section applies has been arrested for criminal conduct described in §
										344.400(a)
				  or §
										344.410(a)
				  of this chapter, the department or facility must notify TJJD's certification
				  office in writing no later than 10 calendar days after receiving notice of the
				  arrest. The department or facility must provide information regarding the
				  circumstances of the arrest and respond to any questions from TJJD regarding
				  the arrest.
(c) If a department or
				  facility receives notification that an individual to whom this section applies
				  has been convicted of or placed on deferred adjudication for criminal conduct
				  described in §
										344.400(a)
				  or §
										344.410(a)
				  of this chapter, the department or facility must:
(1) remove the person from the position
				  requiring certification and from any position allowing the person unsupervised
				  access to juveniles; and
(2) notify
				  TJJD's certification office in writing no later than 10 calendar days after
				  receiving such notice. The department or facility must provide information
				  regarding the conviction or deferred adjudication and respond to any questions
				  from TJJD regarding the disposition.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.600 - Training Hours Required for Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for certification, an
				  individual must have received the following number of training hours:
(1) a minimum of 80 hours of training,
				  including training in topics described in §
											344.620
				  of this title, for certification as a juvenile probation officer;
(2) a minimum of 80 hours of training,
				  including training in topics described in § 344.622 and § 344.624 of
				  this title, for certification as a juvenile supervision officer; or
(3) a minimum of 40 hours of training,
				  including training in topics described in § 344.626 of this title, for
				  certification as a community activities officer.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.610 - Relevance of Training and Standardized Curriculum

Current through Reg. 49, No. 28; July 12, 2024
(a) Training must be relevant to the
				  knowledge and skills required in the performance of the officer's job duties to
				  qualify for certification or continuing education credit.
(b) Training in the mandatory exam topics
				  listed in §
										344.620
				  and § 344.622 of this title must be conducted by training providers who:
(1) have successfully completed
				  TJJD-sponsored training for trainers in the curriculum; or
(2) are qualified by relevant knowledge,
				  education, and/or experience to train the topic.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.620 - Mandatory Training Topics for Certification Exam for Juvenile Probation Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) Successful
				  completion of the certification exam is required prior to performing the duties
				  of a certified juvenile probation officer.
(b) The certification exam for juvenile
				  probation officers is based on the following mandatory training topics:
(1) role of the probation officer;
(2) risk and needs assessment, case planning,
				  and case management;
(3)
				  recognizing and supervising youth with mental health issues;
(4) officer safety and mechanical
				  restraints;
(5) Texas Family Code
				  Title 3 (Juvenile Justice Code) and related laws;
(6) legal liabilities;
(7) dispositional recommendations and
				  courtroom proceedings;
(8) TJJD
				  code of ethics and TJJD disciplinary procedures;
(9) preventing, identifying, and reporting
				  abuse, neglect, and exploitation;
(10) purpose and goals of the Prison Rape
				  Elimination Act;
(11) suicide
				  prevention and intervention;
(12)
				  trauma-informed care;
(13)
				  adolescent development and behavior; and
(14) cultural competency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.622 - Mandatory Training Topics for Certification Exam for Juvenile Supervision Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  the training requirements listed in § 344.624 of this title, successful
				  completion of the certification exam is required before a juvenile supervision
				  officer may provide supervision of juveniles and count in any staff-to-juvenile
				  ratio.
(b) The certification exam
				  for juvenile supervision officers is based on the following mandatory training
				  topics:
(1) juvenile rights;
(2) Texas Family Code Title 3 (Juvenile
				  Justice Code) and related laws;
(3)
				  preventing, identifying, and reporting abuse, neglect, and
				  exploitation;
(4) purpose and goals
				  of the Prison Rape Elimination Act;
(5) suicide prevention and
				  intervention;
(6) legal
				  liabilities;
(7) recognizing and
				  supervising youth with mental health issues;
(8) adolescent development and
				  behavior;
(9) HIV/AIDS and other
				  communicable diseases;
(10) TJJD
				  code of ethics and TJJD disciplinary procedures;
(11) trauma-informed care; and
(12) cultural competency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.624 - Additional Training Requirements for Certification as a Juvenile Supervision Officer

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for certification, juvenile supervision
					 officers must:
(1) receive training
				  and maintain current certification in the following areas:
(A) cardiopulmonary resuscitation
				  (CPR);
(B) first aid; and
(C) the personal restraint technique used by
				  the department or facility; and
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.626 - Required Training Topics for Community Activities Officers

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for certification, community activities
					 officers must:
(1) receive training
				  and maintain current certification in:
(A)
				  cardiopulmonary resuscitation (CPR);
(B) first aid; and
(C) the personal restraint technique used by
				  the department, if the department authorizes community activities officers to
				  use personal restraints; and
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.630 - On-the-Job Training

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  for credit toward initial certification and renewal of certification,
				  documentation of an on-the-job training program must include the following
				  elements, at a minimum:
(1) name and
				  signature of the trainee;
(2) name
				  and signature of the trainer(s);
(3) signature of the
				  supervisor/administrator;
(4)
				  training topics;
(5) number of
				  training hours for each topic; and
(6) dates the topics were explained to the
				  trainee, practiced by the trainee, and demonstrated by the trainee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.640 - Continuing Education Requirements for Maintaining Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) To maintain an active certification:
(1) a juvenile probation officer must
				  complete 60 hours of continuing education within the certification
				  period;
(2) a juvenile supervision
				  officer must complete 80 hours of continuing education within the certification
				  period; and
(3) a community
				  activities officer must complete 40 hours of continuing education within the
				  certification period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.660 - Approval and Review of Training and Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for credit, training or
				  continuing education must be:
(1) relevant,
				  which means it is related to job responsibilities, the field of juvenile
				  justice, or fields of study approved by TJJD;
(2) organized, which means it is based on
				  documentation that includes specified learning objectives, training methods,
				  and evaluation techniques; and
(3)
				  planned, which means it is scheduled and conducted in a predetermined
				  location.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.670 - Training Methods and Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) Limitations on
				  Topics.
(1) Repetitive Training.
(A) Credit will not be granted more than
				  twice in a certification period for training that is duplicative in nature,
				  except as noted in subparagraphs (B) and (C) of this paragraph.
(B) If an officer is concurrently employed by
				  more than one department or facility or has transferred to a new department or
				  facility within a certification period, credit for a training topic may be
				  granted up to four times in a certification period.
(C) For juvenile supervision officers and
				  community activities officers, credit for a training topic may be granted one
				  additional time if:
(i) the topic is one of
				  the topics required during each certification period as listed in §
													344.640 of this chapter;
				  and
(ii) training hours for the
				  topic have been carried over from the prior certification period as allowed by
				  §
													344.640 of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter E - TRAINING AND CONTINUING EDUCATION › Section 344.680 - Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Documentation of all training used for
				  certification must be maintained for monitoring purposes until the end of the
				  current certification period plus two years, at a minimum. This retention
				  requirement does not supersede any requirement in any other rule, statute, or
				  local policy that requires a longer retention period.
(b) Documentation may include training
				  curricula, sign-in sheets, agendas, certificates of completion, correspondence
				  from the instructor, registration receipts, and/or exam results.
(c) Upon request, a department or facility
				  must submit training records to a department or facility in which an officer
				  has obtained subsequent or concurrent employment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 344 - EMPLOYMENT, CERTIFICATION, AND TRAINING › Subchapter F - COMPETENCY EXAMINATION › Section 344.700 - Certification Exam

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  for certification as a juvenile probation officer or juvenile supervision
				  officer, an individual must pass the certification exam required by
				  TJJD.
(b) Before taking the exam,
				  the individual must complete the training required in §
										344.620
				  or § 344.622 of this title, as applicable.
(c) The department or facility employing the
				  individual must either pay any required exam fee or require the individual to
				  pay the fee.
(d) A score of 70% or
				  higher is required to pass the exam.
(e) An individual is allowed three attempts
				  to pass the exam, except as provided in subsections (f) and (g) of this
				  section.
(f) An individual who has
				  not passed the exam after three attempts may not take the exam again until:
(1) 180 days have elapsed since the date the
				  individual last took the exam; and
(2) the individual has repeated the training
				  topics required in §
											344.620
				  or § 344.622 of this title after the date the individual last took the
				  exam. Credit toward certification is granted only for the training hours in
				  those topics that are completed after the date the individual last failed the
				  exam.