reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.644 - Resident Grievance Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Grievance Process. Written policies and procedures, as well as actual
				  practices, shall demonstrate that there is a formalized grievance process to
				  address residents' complaints about their treatment and facility services. At a
				  minimum, the formalized grievance process shall include the following policy,
				  procedural, and practice elements:
(1) the
				  residents' ability to submit a grievance and have full access to the
				  process;
(2) a written response and
				  resolution to all grievances no later than 10 calendar days from the date the
				  grievance is received by staff;
(3)
				  confidentiality of grievance without fear of reprisal;
(4) the resident's ability to participate in
				  the resolution of a grievance, including the use of an intermediary and the
				  ability to request witnesses;
(5)
				  periodic formal reviews of the grievance process and dispositions by
				  administrative-level staff;
(6) a
				  tracking system and grievance log that accounts for all grievances submitted;
				  and
(7) post-release forwarding of
				  a resident's unresolved grievance to the facility administrator or designee to
				  determine if any action is needed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.648 - Religious Services

Current through Reg. 49, No. 28; July 12, 2024
Residents shall not be required to participate in religious
					 services and religious counseling. Residents who refuse to participate in
					 religious services or religious counseling shall not be subjected to
					 disciplinary sanctions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.650 - Program Hours

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall have a daily written program schedule
					 outlining the stated activities during program hours.
(1) Each resident shall be provided a minimum
				  of ten hours of structured and unstructured activities.
(2) Exceptions. Residents who are in
				  disciplinary separation, disciplinary restriction, or medical separation may
				  receive modification to their program schedule.
(3) The facility shall maintain documentation
				  of any program schedule deviation or modification.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.654 - Case Plan Coordination

Current through Reg. 49, No. 28; July 12, 2024
The facility administrator shall ensure that:
(1) the resident is made available to the
				  juvenile probation officer to participate in monthly status and progress
				  reviews, as described in § 341.506 of this title; and
(2) a staff member who is knowledgeable about
				  the resident's progress in the facility's programming:
(A) participates in monthly status and
				  progress reviews with the juvenile probation officer; and
(B) provides a monthly written summary of the
				  resident's progress in the facility's programming to the juvenile probation
				  officer; and
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.658 - Recreation and Exercise

Current through Reg. 49, No. 28; July 12, 2024
(a) Supplies.
				  Recreational equipment and supplies shall be provided to the
				  residents.
(b) Schedule. The
				  recreational schedule shall offer the following programming:
(1) at least one hour of large muscle
				  exercise shall be scheduled each day; and
(2) at least one hour of open recreational
				  activity shall be scheduled each day.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.660 - Educational Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  administrator shall ensure that there is an educational program that:
(1) requires participation by all residents
				  who have not attained a high school diploma or GED; and
(2) provides educational services that comply
				  with federal and state laws and regulations and that are commensurate with
				  educational services provided to other students attending the educational
				  provider's main campus.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.662 - Educational Curriculum

Current through Reg. 49, No. 28; July 12, 2024
Students shall be provided coursework that is aligned with
					 the Texas Essential Knowledge and Skills, in accordance with rules adopted by
					 the Texas Education Agency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.664 - Instructional Days

Current through Reg. 49, No. 28; July 12, 2024
The facility administrator shall ensure that the
					 educational program provides for at least 180 days of instruction unless a
					 waiver has been granted by the Texas Education Agency for fewer days or the
					 number of educational days coincides with the local school district
					 calendar.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.668 - Special Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  administrator, through a cooperative effort with the Local Education Agency
				  (LEA), will ensure that residents with disabilities are provided a free and
				  appropriate public education as determined by the Admission, Review, and
				  Dismissal committee in order to meet the individual educational needs of the
				  student as defined by federal and state laws.
(b) The facility administrator, through a
				  cooperative effort with the Local Education Agency (LEA), will ensure that
				  residents with disabilities have available an instructional day commensurate
				  with that of students without disabilities, in accordance with requirements
				  contained in 19 TAC §
										89.1075.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.670 - Educational Space

Current through Reg. 49, No. 28; July 12, 2024
If the educational program is administered on facility
					 premises, the facility administrator shall ensure that educational space is
					 adequate to meet the instructional requirements for each
					 resident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.672 - Educational Staff Orientation

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  educational program is administered on facility premises, all permanent
				  educational staff shall receive a facility orientation prior to performing
				  instructional duties. Orientation shall include:
(1) security procedures;
(2) emergency procedures;
(3) behavior management system and prohibited
				  sanctions; and
(4) reporting abuse,
				  neglect, and exploitation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.674 - Reading Materials

Current through Reg. 49, No. 28; July 12, 2024
Age-appropriate reading materials shall be available to all
					 residents.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.678 - Vocational Training Program

Current through Reg. 49, No. 28; July 12, 2024
If the facility offers a vocational training program that
					 is not administered by the school and through which no academic credit is
					 gained, the facility administrator shall ensure that appropriately qualified
					 individuals provide instruction or mentoring in the vocational
					 skills.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.680 - Work by Residents

Current through Reg. 49, No. 28; July 12, 2024
(a) Residents may
				  be required to perform the following types of work responsibilities without
				  monetary compensation:
(1) assignments which
				  are part of a formalized vocational training curriculum;
(2) tasks performed as a community service
				  pursuant to a juvenile court order; and
(3) routine housekeeping chores which are
				  shared by all youth in the facility, including general facility
				  maintenance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter F - RESIDENT RIGHTS AND PROGRAMMING › Section 355.684 - Experimentation and Research Studies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Experimentation. Participation by residents in medical, psychological,
				  pharmaceutical, or cosmetic experiments is prohibited.
(b) Research Studies. Participation by
				  residents in medical, psychological, pharmaceutical, or cosmetic research is
				  prohibited unless the research study is approved in writing by the governing
				  board subject to the following guidelines:
(1) The governing board shall promulgate
				  policies that govern all authorized research studies. Studies that include
				  medically invasive procedures shall be prohibited.
(2) Approved research studies shall adhere to
				  all applicable policies of the authorizing governing board.
(3) Research studies approved by the
				  governing board shall be reported to TJJD in a format prescribed by TJJD prior
				  to the commencement of the study.
(4) The results of the study shall be made
				  available to TJJD upon request from the facility administrator, chief
				  administrative officer, or governing board.
(5) Policies governing research studies shall
				  adhere to all federal requirements governing human subjects and
				  confidentiality.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter G - PHYSICAL TRAINING PROGRAMS › Section 355.700 - Physical Training Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  non-secure correctional facility shall not operate a physical training program
				  if the facility accepts non-adjudicated juveniles.
(b) This subchapter applies only to
				  facilities that operate a physical training program.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter G - PHYSICAL TRAINING PROGRAMS › Section 355.702 - Governing Board Approval of Physical Training Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Facilities that utilize a physical
				  training program shall have written authorization from the governing board
				  prior to operation.
(b) The
				  governing board's operational authorization process and written authorization
				  shall be separate and distinct from the juvenile board's annual certification
				  of the facility required by Texas Family Code §
										51.126.
(c) The governing board's written
				  authorization shall be retained as long as the physical training program
				  remains operational.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter G - PHYSICAL TRAINING PROGRAMS › Section 355.704 - Pre-Admission Requirements for Physical Training Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to admitting a resident into the
				  facility, the following documentation shall be reviewed by the facility
				  administrator or designee:
(1) a medical
				  release signed and dated by a physician, physician assistant, or nurse
				  practitioner approving the resident's participation in the facility's physical
				  training program;
(2)
				  acknowledgement of the physician, physician assistant, or nurse practitioner of
				  the components of the physical training program; and
(3) a psychological evaluation, or behavioral
				  health assessment, which shall indicate in writing the appropriateness for the
				  juvenile's placement at the facility based on the needs and/or limitations of
				  the child, including the juvenile's mental capabilities and
				  limitations.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter G - PHYSICAL TRAINING PROGRAMS › Section 355.706 - Physical Training Program Plan

Current through Reg. 49, No. 28; July 12, 2024
The facility shall have a written physical training program
					 plan developed in consultation with the facility's health service authority and
					 approved by the governing board. The plan shall include:
(1) a physical fitness screening tool that
				  addresses whether the resident has the physical capability to fully participate
				  in the physical training program. The tool shall be selected or developed by
				  the facility administrator or designee;
(2) a curriculum that addresses the specific
				  types of exercises authorized to be used within the program. The curriculum
				  shall:
(A) define the time limitations of the
				  individual exercises used in the physical training program; and
(B) define the set number of repetitions of
				  each exercise per session;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter G - PHYSICAL TRAINING PROGRAMS › Section 355.708 - Injury and Illness of Residents in Physical Training Programs

Current through Reg. 49, No. 28; July 12, 2024
If a resident is deemed unfit to participate in the
					 physical training program at any time due to medical reasons, to return the
					 resident to the program, the facility must obtain a written release signed by a
					 physician, nurse practitioner, or physician assistant indicating that the
					 resident is fit to resume program activities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter G - PHYSICAL TRAINING PROGRAMS › Section 355.710 - Disciplinary Sanctions in Physical Training Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility shall have written policies
				  and procedures, including guidelines, parameters, and limitations, on the types
				  of physical activity that may be used for discipline or refocusing purposes
				  (e.g., physical activities used to discipline for non-compliant behavior or as
				  a substitute for write-ups or disciplinary separation).
(b) Physical exercise used for intimidation
				  shall be prohibited in all facilities. This rule allows for physical exercise
				  to be used for discipline in non-secure correctional facilities that
				  incorporate a physical training program.
(c) Residents shall not receive sanctions
				  that cause bodily duress (i.e., physical punishment to the body).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter G - PHYSICAL TRAINING PROGRAMS › Section 355.712 - Physical Fitness Screening Tool

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  resident shall not participate in the physical training program until the
				  initial physical fitness screening tool has been completed and
				  evaluated.
(b) Every 30 calendar
				  days, the facility shall administer the physical fitness screening tool to
				  re-evaluate the resident's ability to participate in the physical training
				  program.
(c) The results of the
				  resident's physical fitness screening and the facility designee's evaluation of
				  the screening results shall be maintained in the resident's file.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter H - RESTRAINTS › Section 355.800 - Restraint 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 otherwise expressly defined within
					 the chapter.
(1) Approved Mechanical
				  Restraint Device--A professionally manufactured and commercially available
				  mechanical device designed to aid in the restriction of a person's bodily
				  movement. TJJD-approved mechanical restraint devices are limited to the
				  following for non-secure correctional facilities:
(A) Ankle Cuffs--A metal band designed to be
				  fastened around the ankle to restrain free movement of the legs;
(B) Handcuffs--Metal devices designed to be
				  fastened around the wrist to restrain free movement of the hands and
				  arms;
(C) Plastic Cuffs--Plastic
				  devices designed to be fastened around the wrists or legs to restrain free
				  movement of hands, arms or legs;
(D) Waist Belt--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
(E)
				  Wristlets--A cloth or leather band designed to be fastened around the wrist
				  which may be secured to a waist belt.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter H - RESTRAINTS › Section 355.802 - Restraint Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Restraints may
				  be used only by juvenile supervision officers and juvenile probation
				  officers.
(b) Prior to
				  participating in any restraint, juvenile probation officers and juvenile
				  supervision officers must 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 must have
				  received training and demonstrated competency in the TJJD-approved restraint
				  used by the facility.
(d)
				  Restraints may be used only in instances of an imminent threat of self-injury,
				  injury to others, or serious property damage.
(e) Restraints may be used only as a last
				  resort.
(f) Only the amount of
				  force and type of restraint necessary to control the situation may be
				  used.
(g) Restraints must be
				  implemented in such a way as to protect the health and safety of the resident
				  and others
(h) Restraints must be
				  terminated as soon as the resident's behavior no longer indicates an imminent
				  threat of self-injury, injury to others, or serious property damage.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter H - RESTRAINTS › Section 355.804 - Restraint Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
Restraints that employ a technique listed in this section
					 are prohibited:
(1) restraints used
				  for punishment, discipline, retaliation, harassment, compliance, intimidation,
				  or as a substitute for an appropriate disciplinary separation;
(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 or around the resident's neck;
(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;
(10) percussive or electrical shocking
				  devices;
(11) chemical
				  restraints;
(12) mechanical
				  restraints that secure a resident to any part of a vehicle or to another
				  resident; or
(13) non-ambulatory
				  restraints.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter H - RESTRAINTS › Section 355.806 - Restraint Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for
				  restraints described in §
										355.818
				  of this title, all restraints shall be fully documented and the documentation
				  shall be maintained. Written documentation regarding the use of restraints
				  shall, at a minimum, require:
(1) the name of
				  the resident;
(2) the name and
				  title of the staff member(s) who administered the restraint;
(3) the date of the restraint;
(4) the duration of each type of restraint,
				  including notation of the time each type of restraint began and
				  ended;
(5) the location of the
				  restraint;
(6) the description of
				  the preceding activities;
(7) the
				  behavior which prompted the initial and the continued restraint of the
				  resident;
(8) the type of
				  restraint(s) applied;
(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) utilized;
(9) de-escalation efforts as well as all
				  restraint alternatives attempted; and
(10) whether or not any injury occurred
				  during the restraint and the description of the injury.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter H - RESTRAINTS › Section 355.808 - Personal Restraint

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements found in §§
										355.802,
					 355.804,
					 and
					 355.806
					 of this title, the use of personal restraints is governed by the following
					 criteria:
(1) Personal restraints must
				  be administered in a manner specific to or consistent with the approved
				  personal restraint technique adopted by the facility.
(2) Juvenile supervision officers and
				  juvenile probation officers must be retrained in the approved personal
				  restraint technique selected by the facility according to the requirements of
				  the particular technique or at least 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 355 - NON-SECURE CORRECTIONAL FACILITIES › Subchapter H - RESTRAINTS › Section 355.810 - Mechanical Restraint

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements.
(1) Only approved mechanical restraint
				  devices shall be used by a facility.
(2) Mechanical restraint devices shall only
				  be used 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. All faulty or malfunctioning devices
				  shall be restricted from use until they are repaired or replaced.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.120 - Interpretation

Current through Reg. 49, No. 28; July 12, 2024
The words "include," "includes," and "including" when
				  following a general statement or term are to be understood as introducing a
				  non-exhaustive list, unless the context clearly indicates
				  otherwise.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.140 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise expressly stated, this
				chapter applies to:
(1) allegations of abuse,
				neglect, or exploitation involving a juvenile and an employee, volunteer, or
				other individual working under the auspices of a facility or program ,
				regardless of the physical location of the alleged abuse, neglect, or
				exploitation;
(2) serious incidents
				involving a juvenile that:
(A) occur on the
				premises of a program or facility; or
(B) regardless of the physical location,
				occur while in the presence of an employee, volunteer, or other individual
				working under the auspices of a facility or program; and
(3) a death of a juvenile that:
(A) occurs on the premises of a program or
				facility;
(B) results from an
				illness, incident, or injury that occurred, was discovered, or was reported on
				the premises of a program or facility; or
(C) regardless of the physical location,
				occurs while in the presence of an employee, volunteer, or other individual
				working under the auspices of a facility or program.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.200 - Policy and Procedure

Current through Reg. 49, No. 28; July 12, 2024
Departments, programs, and facilities must have written
				  policies and procedures that require, in accordance with this chapter:
(1) reporting allegations of abuse, neglect,
				or exploitation or the death of a juvenile to local law enforcement, TJJD, and
				other appropriate governmental units; and
(2) reporting serious incidents to
				TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.220 - Data Reconciliation

Current through Reg. 49, No. 28; July 12, 2024
(a) For all
				allegations of abuse, neglect, or exploitation, the death of a juvenile, and
				serious incidents occurring within the reporting period, the data listed in
				subsection (c) of this section must be provided to TJJD in the electronic
				format requested or supplied by TJJD.
(b) The chief administrative officer or the
				private facility administrator ensures the data listed in subsection (c) of
				this section is provided to TJJD.
(c) The data must include:
(1) name and Personal Identification Number
				(PID) of each alleged victim;
(2)
				name and date of birth of each subject of investigation;
(3) date and time of alleged
				incident;
(4) date the alleged
				incident was reported to TJJD;
(5)
				type of alleged incident (i.e., abuse, neglect, exploitation, death, or serious
				incident);
(6) type of injury, if
				applicable;
(7) whether the alleged
				incident was restraint-related and, if so, what type of restraint was involved
				(i.e., personal, mechanical, or chemical);
(8) disposition of internal investigation
				(i.e., founded, unfounded, or inconclusive); and
(9) county-generated case identification
				number.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.240 - Signage

Current through Reg. 49, No. 28; July 12, 2024
(a) Departments, programs, and facilities
				must prominently display signage provided by TJJD regarding a zero-tolerance
				policy concerning abuse of juveniles. The signage must be displayed in each of
				the following places:
(1) lobby or visitation
				areas of the department, program, or facility to which the public has
				access;
(2) juvenile housing and
				common areas;
(3) common medical
				treatment areas;
(4) common
				educational areas; and
(5) other
				common areas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.300 - Identifying and Reporting Abuse, Neglect, Exploitation, and Death

Current through Reg. 49, No. 28; July 12, 2024
(a) Duty to Report. An employee, volunteer,
				or other individual working under the auspices of a facility or program must
				report the death of a juvenile or an allegation of abuse, neglect, or
				exploitation to TJJD and local law enforcement if he/she:
(1) witnesses, learns of, or receives an oral
				or written statement from an alleged victim or other person with knowledge of
				the death of a juvenile or an allegation of abuse, neglect, or exploitation;
				or
(2) has a reasonable belief that
				the death of a juvenile or abuse, neglect, or exploitation has
				occurred.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.320 - Parental Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement to
				Notify. Notification, or diligent efforts to notify, must be made to the
				parent(s), guardian(s), and custodian(s) of a juvenile who has died or who is
				the alleged victim of abuse, neglect, or exploitation.
(b) Time of Notification. The notice or
				efforts to notify required by subsection (a) of this section must be made as
				soon as possible, but no later than 24 hours from the time a person gains
				knowledge of or has a reasonable belief that the allegation of abuse, neglect,
				or exploitation or the death of a juvenile occurred.
(c) Method of Notification. The notice or
				efforts to notify required by subsection (a) of this section may be made by
				phone, in writing, or in person.
(d) Documentation of Notification. The notice
				or efforts to notify required by subsection (a) of this section must be
				documented on TJJD's Incident Report Form and in the internal investigation
				report.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.340 - Reporting of Allegations by Juveniles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Right to Report. Juveniles have the right to report to TJJD allegations of
				abuse, neglect, or exploitation and the death of a juvenile. During orientation
				to a facility or program, juveniles must be advised in writing of:
(1) their right to report allegations under
				this subsection; and
(2) TJJD's
				toll-free number available for reporting allegations under this
				subsection.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.360 - Allegations Occurring Outside the Juvenile Justice System

Current through Reg. 49, No. 28; July 12, 2024
Any person who witnesses, learns of, receives an oral or
				  written statement from an alleged victim or other person with knowledge, or has
				  a reasonable belief as to the occurrence of alleged abuse, neglect, or
				  exploitation involving a juvenile that is not alleged to involve an employee,
				  volunteer, or other individual working under the auspices of a facility or
				  program must report the incident to law enforcement or to the appropriate
				  governmental unit as required in Texas Family Code Chapter
				  261.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.400 - Internal Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Investigation Requirement. In every case in which an allegation of abuse,
				neglect, or exploitation or the death of a juvenile has occurred, an internal
				investigation must be conducted. The investigation must be conducted by a
				person qualified by experience or training to conduct a comprehensive
				investigation.
(b) Initiation of
				Investigation. The internal investigation must be initiated immediately upon
				the chief administrative officer or the private facility administrator or their
				respective designees gaining knowledge of an allegation of abuse, neglect, or
				exploitation or the death of a juvenile. However, the initiation of the
				internal investigation will be postponed if:
(1) directed by law enforcement;
(2) requested by TJJD; or
(3) the integrity of potential evidence
				could be compromised.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.420 - Reassignment or Administrative Leave During the Internal Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon gaining knowledge of an allegation
				of abuse, neglect, or exploitation, and until the finding of the internal
				investigation is determined, the person alleged to have abused, neglected, or
				exploited a juvenile must be placed on administrative leave or reassigned to a
				position having no contact with the alleged victim, relatives of the alleged
				victim, or other juveniles.
(b) If
				the chief administrative officer or the private facility administrator is the
				person alleged to have abused, neglected, or exploited a juvenile, the juvenile
				board chair must immediately place him/her on administrative leave or reassign
				him/her to a position having no contact with the alleged victim, relatives of
				the alleged victim, or other juveniles.
(c) If, during the internal investigation, the subject of
				investigation resigns or is terminated from employment, TJJD must be notified
				no later than the second business day after the resignation or
				termination.
(d) If a subject of
				investigation obtains employment in another jurisdiction before the disposition
				of the internal investigation has been finalized, the person may not be placed
				in a position having any contact with any juveniles until the disposition of
				the internal investigation is finalized in the county of previous
				employment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.440 - Cooperation with TJJD Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				persons must fully cooperate with any investigation of an allegation of abuse,
				neglect, or exploitation or the death of a juvenile.
(b) A diligent effort must be made to
				identify and make available for questioning all persons with knowledge of an
				allegation of abuse, neglect, or exploitation or the death of a juvenile that
				is the subject of a TJJD investigation.
(c) Upon request by TJJD, all evidence must
				be provided to TJJD in the format requested.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.460 - Corrective Measures

Current through Reg. 49, No. 28; July 12, 2024
Corrective measures must be taken at the conclusion of the
				  internal investigation, if warranted, that may include:
(1) a review of the policies and procedures
				pertinent to the alleged incident;
(2) revision of any policies or procedures as
				needed;
(3) administrative
				disciplinary action or appropriate personnel actions against all persons found
				to have abused, neglected, or exploited a juvenile; and
(4) the provision of additional training for
				all appropriate persons to ensure the safety of the juveniles, employees, and
				others.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.500 - Internal Investigation Report

Current through Reg. 49, No. 28; July 12, 2024
An internal investigation report must be completed at the
				  conclusion of each internal investigation resulting from an allegation of
				  abuse, neglect, or exploitation or the death of a juvenile.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.520 - Required Components of an Internal Investigation Report

Current through Reg. 49, No. 28; July 12, 2024
The internal investigation report must include:
(1) the date the internal investigation was
				initiated;
(2) the date the
				internal investigation was completed;
(3) the date the alleged victim's parent,
				guardian, or custodian was notified of the allegation, or documentation that
				diligent efforts to provide the notification were made;
(4) a summary of the original
				allegation;
(5) relevant policies
				and procedures related to the incident;
(6) a summary or listing of the steps taken
				during the internal investigation;
(7) a written summary of the content of all
				oral interviews conducted;
(8) a
				listing of all evidence collected during the internal investigation, including
				all audio and/or video recordings, polygraph examinations, etc.;
(9) relevant findings of the investigation
				that support the disposition;
(10)
				one of the following dispositions:
(A)
				founded;
(B) unfounded;
				or
(C) inconclusive;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.540 - Submission of Internal Investigation Report

Current through Reg. 49, No. 28; July 12, 2024
(a) A copy of the internal investigation
				report must be submitted to TJJD within five calendar days following its
				completion.
(b) The following
				documentation collected during the internal investigation must be submitted to
				TJJD with the internal investigation report:
(1) written statements;
(2) relevant medical documentation;
(3) training records, if applicable;
				and
(4) any other documentation
				used to reach the disposition of the internal investigation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.600 - Serious Incidents

Current through Reg. 49, No. 28; July 12, 2024
(a) Duty to Report.
				An employee, volunteer, or other individual working under the auspices of a
				facility or program must report a serious incident to TJJD if he/she:
(1) witnesses, learns of, or receives an oral
				or written statement from a juvenile or other person with knowledge of a
				serious incident; or
(2) has a
				reasonable belief that a serious incident has occurred.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 358.620 - Medical Documentation for Serious Incidents

Current through Reg. 49, No. 28; July 12, 2024
A treatment discharge form or other medical documentation
				  that contains evidence of medical treatment pertinent to the reported incident
				  must be submitted to TJJD within 24 hours after receipt by the department,
				  program, or facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 359 - MEMORANDUMS OF UNDERSTANDING › Section 359.100 - Memorandum of Understanding Between the Texas Juvenile Justice Department and the Texas Commission on Law Enforcement

Current through Reg. 49, No. 28; July 12, 2024
The Texas Juvenile Justice Department (TJJD) adopts by
				  reference the attached memorandum of understanding (MOU) between TJJD and the
				  Texas Commission on Law Enforcement. The MOU contains the agreement required by
				  Texas Occupations Code § 1701.259 to establish the responsibilities of
				  these agencies in developing a basic training program in the use of firearms by
				  juvenile probation officers and in fulfilling related statutory
				  mandates.
Attached
				  Graphic
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 359 - MEMORANDUMS OF UNDERSTANDING › Section 359.151 - Memorandum of Understanding Concerning Interagency Cooperation for Continuity of Youth Care

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Juvenile Justice Department (TJJD) adopts by reference a memorandum of
				understanding (MOU) entered into by TJJD and the Texas Department of Family and
				Protective Services (DFPS). The MOU contains the agreement required by Texas
				Human Resources Code § 244.0106 to provide coordinated and appropriate
				services to youth who are in the conservatorship of DFPS and who are committed
				to TJJD or released under supervision by TJJD.
(b) The MOU is adopted by rule in 40 TAC
				§
									702.425.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter A - ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE › Division 2 - COMMITMENT AND RECEPTION › Section 380.8502 - Legal Requirements for Admission

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The purpose of this rule is to establish documentation required and requested
					 by the Texas Juvenile Justice Department (TJJD) from each juvenile court
					 committing youth to TJJD.
(b) The
					 committing court must submit all documents referenced in Texas Human Resources
					 Code §
											243.005.
(c) TJJD requests the following additional
					 documents from the committing court:
(1)
					 detention order(s) (initial and subsequent) for offense(s) that resulted in
					 commitment to TJJD;
(2) for
					 sentenced offenders, the amount of time spent in detention in connection with
					 the offense for which the youth was sentenced. It is preferable for the
					 detention information to be included in the Order of Commitment; and
(3) education records, including any special
					 education records.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter A - ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE › Division 2 - COMMITMENT AND RECEPTION › Section 380.8505 - Initial Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 rule establishes the assessment process for each youth initially admitted to
					 the Texas Juvenile Justice Department (TJJD).
(b) General Provisions.
(1) Assessments are used to identify:
(A) immediate safety, medical, mental health,
					 and housing needs;
(B) specialized
					 treatment needs;
(C) case planning
					 issues, including individual risk and protective factors; and
(D) risk and restriction level for initial
					 placement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter A - ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE › Division 3 - PLACEMENT PLANNING › Section 380.8521 - Facility Assignment System

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
					 purpose of this rule is to establish an objective system of assigning youth to
					 the most appropriate facility considering the Texas Juvenile Justice
					 Department's (TJJD's) responsibilities to provide for public protection and
					 promotion of rehabilitation. TJJD seeks to place youth in the least restrictive
					 setting possible to address the youth's treatment needs while considering
					 public safety.
(b) General
					 Provisions.
(1) This rule applies to
					 placement decisions made:
(A) after initial
					 commitment or recommitment to TJJD; and
(B) following a parole revocation
					 hearing.