Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 350 - INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS › Section 350.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The terms used in this chapter apply to
				the investigations of alleged abuse, neglect, exploitation, death conducted by
				the Commission and to the Commission's procedures relating to serious
				incidents.
(b) Terms used in this
				chapter shall have the following meanings unless otherwise expressly defined
				within the chapter.
(1) Abuse, Neglect and
				Exploitation--The definitions of "abuse", "neglect" and "exploitation" shall
				have the meanings ascribed under Texas Family Code §
										261.001 and §
										261.401. For
				the purposes of this chapter, "abuse" includes serious physical abuse and
				sexual as defined in this section.
(2) Administrator--The chief administrative
				officer of a juvenile probation department, a public or private juvenile
				justice program or a public or private juvenile justice facility.
(3) Administrative Designee--The role
				assigned to the administrator, when a preponderance of evidence determines that
				the proximate cause of the allegation was based on policies and procedures
				under the direct control of the administrator.
(4) Alleged Perpetrator--A person alleged as
				being responsible for the abuse, neglect or exploitation of a juvenile through
				the person's actions or failure to act.
(5) Alleged Victim--A juvenile under the
				jurisdiction of the juvenile court or participating in a program operated under
				the authority of the governing board or juvenile board who is alleged to be a
				victim of abuse, neglect or exploitation.
(6) Attempted Suicide--Any voluntary and
				intentional action that could reasonably result in taking one's own
				life.
(7) Call Line--The toll-free
				number made available for reporting allegations of abuse, neglect,
				exploitation, death and serious incidents within the juvenile justice
				system.
(8) Commission--The Texas
				Juvenile Probation Commission.
(9)
				Designated Perpetrator--The individual responsible for the abuse, neglect or
				exploitation of a juvenile who has not exhausted the right to administrative
				review or whose right to administrative review has not expired.
(10) Designated Victim--The juvenile who was
				abused, neglected or exploited.
(11) Escape--
(A) The voluntary, unauthorized departure, or
				attempt to depart, by an individual who is in custody; or
(B) Failure to return to custody following an
				authorized temporary leave for a specific purpose or limited period.
(12) Incident Report Form--The
				required form used to report to the Commission alleged abuse, neglect,
				exploitation, death and serious incidents.
(13) Internal Investigation Report--The
				written report submitted to the Commission that summarizes the steps taken and
				the evidence collected during an internal investigation of alleged abuse,
				neglect, exploitation or death.
(14) Juvenile--A person who is under the
				jurisdiction of the juvenile court, confined in a juvenile justice facility, or
				participating in a juvenile justice program.
(15) Juvenile Justice Facility
				("facility")--A facility, including its premises and all affiliated sites,
				whether contiguous or detached, operated wholly or partly by or under the
				authority of the governing board, juvenile board or by a private vendor under a
				contract with the governing board, juvenile board or governmental unit that
				serves juveniles under juvenile court jurisdiction. The term includes, but is
				not limited to:
(A) A public or private
				juvenile pre-adjudication secure detention facility, including a short-term
				detention facility (i.e., holdover) required to be certified in accordance with
				Texas Family Code §
											51.12;
(B) A public or private juvenile
				post-adjudication secure correctional facility required to be certified in
				accordance with Texas Family Code §
											51.125,
				except for a facility operated solely for children committed to the Texas Youth
				Commission; and
(C) A public or
				private non-secure juvenile post-adjudication residential treatment facility
				housing juveniles under juvenile court jurisdiction.
(16) Juvenile Justice Program ("program")--A
				program or department operated wholly or partly by the governing board,
				juvenile board or by a private vendor under a contract with the governing
				board, or juvenile board that serves juveniles under juvenile court
				jurisdiction or juvenile board jurisdiction. The term includes a juvenile
				justice alternative education program and a non-residential program that serves
				juvenile offenders under the jurisdiction of the juvenile court or juvenile
				board jurisdiction and a juvenile probation department.
(17) Juvenile Probation Department
				("department")--All physical offices and premises utilized by a county or
				district level governmental unit established under the authority of a juvenile
				board(s) to facilitate the execution of the responsibilities of a juvenile
				probation department enumerated in Title 3 of Texas Family Code and Chapter 141
				of Texas Human Resources Code.
(18)
				Peace Officer--A person elected, employed, or appointed as a peace officer
				under Code of Criminal Procedure, Article 2.12.
(19) Report--Formal notification to the
				Commission of alleged abuse, neglect, exploitation or death or of a serious
				incident.
(20) Reportable
				Injury--Any injury sustained accidentally, intentionally, recklessly or
				otherwise that:
(A) Requires medical
				treatment as defined in this section; or
(B) Results from a personal, mechanical or
				chemical restraint and is a substantial injury as defined in this
				section.
(21) Serious
				Incident--Attempted escape, attempted suicide, escape, reportable injury,
				youth-on-youth physical assault or youth sexual conduct as defined in this
				section.
(22) Serious Physical
				Abuse--Bodily harm or condition that resulted directly or indirectly from the
				conduct that formed the basis of an allegation of abuse, neglect or
				exploitation, if the bodily harm or condition requires medical treatment as
				defined in this section.
(23)
				Sexual Abuse--Conduct committed by any person against a juvenile that includes
				sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless
				of age, may not affirmatively or impliedly consent to the acts as defined in
				this section under any circumstances.
(24) Sexual Abuse by Contact--Any physical
				contact with a juvenile that includes: intentional touching of the genitalia,
				anus, groin, breast, inner thigh or buttocks with the intent to abuse,
				intimidate, hurt, humiliate or harass, arouse or gratify sexual desire; deviate
				sexual intercourse; sexual contact; sexual intercourse; or sexual performance
				as those terms are defined in subparagraphs (A) - (D) of this paragraph.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the
				genitals of one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the
				anus of another person with a hand, finger or other object.
(B) "Sexual contact" means the
				following acts, if committed with the intent to arouse or gratify the sexual
				desire of any person:
(i) any touching by a
				person, including touching through clothing, of the anus, breast, or any part
				of the genitals of a person; or
(ii) any touching of any part of the body of
				a person, including touching through clothing, with the anus, breast, or any
				part of the genitals of a person.
(C) "Sexual intercourse" means any
				penetration of the female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a
				sexual or suggestive nature performed in front of one or more persons including
				simulated or actual sexual intercourse, deviate sexual intercourse, bestiality,
				masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the
				anus, or any portion of the female breast below the top of the
				areola.
(25) Sexual
				Abuse by Non-Contact--Any sexual behavior, conduct, harassment or actions other
				than those defined by sexual abuse by contact, which are exhibited, performed
				or simulated:
(A) in the presence of a
				juvenile or with reckless disregard for the presence of a juvenile;
(B) with the intent to arouse or gratify the
				sexual desire of any person;
(C)
				with the intent to intimidate, hurt, humiliate or harass any person;
(D) including repeated verbal statement or
				comments of a sexual nature; and
(E) including demeaning references to gender,
				derogatory comments about body or clothing or profane or obscene language or
				gestures.
(F) These behaviors,
				conduct and actions include indecent exposure, voyeurism, distribution or
				exhibition of pornographic or sexually explicit material or sexual performance
				as defined in paragraph (24)(D) of this subsection.
(26) Substantial Injury--An injury that is
				significant in size, degree or severity.
(27) Sustained Perpetrator--A designated
				perpetrator as defined in this section who has already been offered the right
				to an administrative review and the designated perpetrator's rights to the
				administrative review have expired or the disposition was upheld.
(28) TCLEOSE--Texas Commission on Law
				Enforcement Officer Standards and Education.
(29) Youth-on-Youth Physical Assault--A
				physical altercation between two or more juveniles that results in any of the
				involved parties sustaining an injury that requires medical treatment as
				defined in this section.
(30) Youth
				Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate
				sexual intercourse, sexual contact, sexual intercourse, sexual performance as
				those terms are defined in paragraph (24) of this subsection or sexual
				behavior, conduct or actions which are exhibited, performed or simulated as
				those terms are defined in paragraph (25) of this subsection. A juvenile may
				not consent to the acts as defined in this section under any circumstances.
				Consent may not be implied regardless of the age of the juvenile.