reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.315 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise required by law, in computing any period of time prescribed or
				  allowed by these sections, the date of the act, event or default after which
				  the designated period of time begins to run is not to be included, and the last
				  day of the period is to be included, unless it is a Saturday, Sunday or legal
				  holiday, in which case the period runs until the end of the next day that is
				  not a Saturday, Sunday or legal holiday.
(b) When this chapter specifies a deadline or
				  set a number of days for filing documents or taking other actions, the
				  computation of time shall be by calendar days rather than business days unless
				  otherwise provided for by this chapter, applicable law, SOAH rules or judge
				  order. However, if the period specified is five days or less, the intervening
				  Saturdays, Sundays and legal holidays are not counted.
(c) When by this chapter, SOAH rules or judge
				  order, an act is required or allowed to be done at or within a specified time
				  period, the Executive Director, Board or judge (if SOAH has acquired
				  jurisdiction) may, for good cause shown, order the period extended if
				  application is made before the expiration of the specified time period. In
				  addition, where good cause is shown for the failure to act within the specified
				  time period, the Executive Director, Board or judge may permit the act to be
				  done after the expiration of the specified period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.320 - Notice and Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice must be
				  in writing and addressed to the Certified Officer. Notice to a Certified
				  Officer is effective and service is complete when sent by certified mail,
				  return receipt requested, to the Certified Officer's most recent address of
				  record with the Commission.
(b) If
				  a document was sent by regular or certified mail, it will be presumed received
				  no later than three days after mailing. Service shall be presumed effected if
				  the wrapper containing the document is not returned to the
				  Commission.
(c) Notice of a hearing
				  in a contested case must comply with §
										2001.052(APA)
				  of the Texas Government Code. Service is complete when made pursuant to 1 TAC
				  §
										155.103(SOAH
				  Procedural Rules).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.325 - Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may represent himself/herself or
				  may appear by authorized representative.
(b) A party's attorney of record shall remain
				  the attorney of record in the absence of a formal request to withdraw and, if
				  SOAH has acquired jurisdiction, an order of the judge approving the
				  request.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.330 - Preliminary Notice to Certified Officer in Disciplinary Matters

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for proceedings conducted under
				  the authority of §
										141.064(c)
				  of the Texas Human Resources Code or unless it would jeopardize an
				  investigation, prior to commencing disciplinary proceedings under §
										349.335
				  of this chapter, the Commission shall serve the Certified Officer with written
				  notice in accordance with subsection §
										2001.054(c)
				  of the Texas Government Code.
(b)
				  Such notice shall contain a statement of the facts or conduct alleged to
				  warrant an adverse certification action. The notice shall invite the Certified
				  Officer to show compliance with all requirements of the law for retention of
				  the certification.
(c) The
				  Certified Officer shall file a written response within 20 days after service of
				  the notice specified in subsection (a) of this section. Failure to file a
				  written response may result in a default order, as provided in §
										349.340
				  and §
										349.370
				  of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.335 - Commencement of Disciplinary Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a disciplinary matter is not resolved informally, the Commission may
				  commence disciplinary proceedings by filing formal charges.
(b) The formal charges shall contain the
				  following information:
(1) the name of the
				  Certified Officer and his or her certification number;
(2) a statement alleging with reasonable
				  certainty the specific act or acts relied upon by the Commission to constitute
				  a violation of a specific statute or Commission rule; and
(3) a reference to the section of the
				  Commission rules that the Certified Officer is alleged to have
				  violated.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.340 - Certified Officer's Answer and Consequence of Failure to File an Answer to Formal Charges (Default)

Current through Reg. 49, No. 28; July 12, 2024
(a) The Certified
				  Officer in a disciplinary matter shall file an answer to the formal charges and
				  to every amendment thereof.
(b) The
				  answer shall admit or deny each of the allegations in the formal charges or
				  amendment thereof. If the Certified Officer intends to deny only a part of an
				  allegation, the Certified Officer shall specify the portion that is true and
				  shall deny only the remainder. The answer shall also include any other matter,
				  whether of law or fact, upon which the Certified Officer intends to rely for
				  his or her defense.
(c) If the
				  Certified Officer fails to file a response to the formal charges, the matter
				  will be considered as a default case.
(d) In a case of default, the Certified
				  Officer will be deemed to have:
(1) admitted
				  all of the factual allegations in the formal charges;
(2) waived the opportunity to show compliance
				  with the law;
(3) waived the
				  opportunity for a hearing on the formal charges; and
(4) waived objection to the sanction
				  recommended in the formal charges.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.345 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to administrative proceedings
				  shall have reasonable opportunity and methods of discovery described in the
				  Texas Administrative Procedure Act (APA), Chapter 2001 of the Texas Government
				  Code Annotated, and SOAH rule, 1 TAC §
										155.251.
				  Matters subject to discovery are limited to those that are relevant and
				  material to issues within the Board's authority. Subject to prior agreement of
				  parties, responses to discovery requests, except for notices of depositions,
				  shall be made within 20 days of receipt of the request.
(b) Parties may obtain discovery by: request
				  for disclosure, as described by rule 194 of the Texas Rule of Civil Procedure;
				  oral or written depositions; written interrogatories to a party; requests of a
				  party for admission of facts and the genuineness of identity of documents and
				  things; requests and motions for production, examination and copying of
				  documents and other tangible materials; motions for mental or physical
				  examinations; and requests and motions for entry upon and examination of
				  personal and/or real property.
(c)
				  Parties are encouraged to make stipulations of evidence where possible and
				  agree to methods and time lines to expedite discovery and conserve time and
				  resources.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.355 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the written request of any party,
				  the Board may issue a subpoena to require the attendance of witnesses or the
				  production of books, records, papers or other objects as may be necessary and
				  proper for the purposes of the proceedings.
(b) If the subpoena is for the attendance of
				  a witness, the written request shall contain the name, address and title, if
				  any, of the witness and the date upon which and the location at which the
				  attendance of the witness is sought. If the subpoena is for the production of
				  books, records, writings or other tangible items, the written request shall
				  contain a description of the item sought; the name, address and title, if any,
				  of the person or entity who has custody or control over the items, and the date
				  on which and the location at which the items are sought to be produced. Each
				  request, whether for a witness or for production of items, shall contain a
				  statement of the reasons why the subpoena should be issued.
(c) Upon a finding that a party has shown
				  good cause for the issuance of the subpoena, the Board shall issue the subpoena
				  in the form described in §
										2001.089 of
				  the Texas Government Code.
(d)
				  Notwithstanding any other provisions of this chapter, the Board may issue a
				  subpoena prior to the filing of formal charges under §
										349.335
				  of this chapter, if, in the opinion of the Board, such a subpoena is necessary
				  to preserve evidence and testimony to investigate any potential violation or
				  lack of compliance with Commission rules and regulations, or orders of the
				  Board. The subpoena may be to compel the attendance of any person to appear for
				  the purposes of giving sworn testimony and/or to compel the production of
				  books, records, papers or other objects.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.360 - Informal Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board's
				  policy is to encourage the resolution and early settlement of internal and
				  external disputes, including contested cases, through voluntary settlement
				  processes such as informal proceedings or alternative dispute resolution. Any
				  matter within the Board's jurisdiction may be resolved informally by
				  stipulation, agreed settlement, agreed order, dismissal or default.
(b) In disciplinary matters, the Commission
				  shall offer the Certified Officer the opportunity to be heard. The offer may be
				  made at any time prior to disposition and may be included on any notice
				  required by statute or this chapter, or otherwise.
(c) Informal proceedings may be conducted in
				  person, by authorized representative, or by electronic, telephonic or written
				  communication.
(d) Informal
				  proceedings shall be conducted pursuant to the following procedural standards:
(1) the Certified Officer shall have a right
				  to be represented by an attorney of record or authorized representative. At any
				  time, should the Certified Officer choose to obtain representation by an
				  attorney or authorized representative and advises staff of such choice, the
				  conference will be discontinued;
(2) the Certified Officer will be expected to
				  answer questions concerning the allegations contained in the preliminary notice
				  or formal charges, but may decline to answer any questions posed during the
				  conference;
(3) participation by
				  the Certified Officer and Commission staff in the conference is voluntary and
				  may be terminated by either party without prejudicing the right to proceed with
				  a contested case. The Certified Officer will be expected to cooperate fully
				  with the Commission staff to ensure that the Commission has all pertinent
				  information relating to the complaint or formal charges against the Certified
				  Officer; and
(4) although, a
				  verbatim transcript is not being kept of the informal conference, party
				  admissions and outline notes may be used at a formal hearing if the matter is
				  ultimately docketed as a formal proceeding at SOAH.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.365 - Agreed Dispositions

Current through Reg. 49, No. 28; July 12, 2024
Informal proceedings, complaints and formal charges may be
					 resolved by stipulation, agreed settlement, agreed order or dismissal pursuant
					 to §
										2001.056
					 of the Texas Government Code Annotated.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.375 - Decision of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as to
				  those matters expressly delegated to the Executive Director for ratification,
				  the Board may make final decisions in all matters relating to disciplinary
				  action.
(b) Any party of record who
				  is adversely affected by the proposal for decision of the judge shall have the
				  opportunity to file exceptions and a brief to the proposal for decision within
				  15 days after the date of service of the proposal for decision. A reply to the
				  exceptions may be filed by the other party within 15 days of the filing of the
				  exceptions. Exceptions and replies shall be filed with the judge and copies
				  served on the opposing party. The proposal for decision may be amended by the
				  judge pursuant to the exceptions, replies or briefs submitted by the parties
				  without again being served on the parties.
(c) The proposal for decision may be acted on
				  by the Board after the expiration of 10 days from the date of filing of replies
				  to exceptions to the proposal for decision or upon the day following the day
				  exceptions or replies to exceptions are due if no such exceptions or replies
				  are filed.
(d) It is the policy of
				  the Board to change a finding of fact or conclusion of law in a proposal for
				  decision or to vacate or modify the proposed order of a judge when the Board
				  determines that:
(1) the judge did not
				  properly apply or interpret applicable law, agency rules, written policies
				  provided by staff or prior administrative decisions;
(2) a prior administrative decision on which
				  the judge relied is incorrect or should be changed; or
(3) a technical error in a finding of fact
				  should be changed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.380 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
A Certified Officer who has exhausted all administrative
					 remedies within the Commission is entitled to judicial review as provided by
					 §
										2001.171 of the
					 Texas Government Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.385 - Mandatory Suspension for Failure to Pay Child Support

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of an order suspending
				  certification for failure to pay child support issued under §
										232.008
				  or §
										232.009 of the
				  Texas Family Code, the Commission shall suspend the Certified Officer's
				  certification.
(b) Notice of
				  Suspension.
(1) The Commission shall notify
				  the Certified Officer subject to a suspension order received under subsection
				  (a) of this section that the agency has formally suspended the individual's
				  certification.
(2) The notice shall
				  also instruct the individual that he or she may not perform the duties of a
				  Certified Officer while the suspension order is in effect.
(3) The Commission shall also notify the
				  chief administrative officer or facility administrator and the juvenile board
				  of the employing department, facility or program of the suspension.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter D - COMPLAINTS AGAINST JUVENILE BOARDS › Section 349.400 - Complaint Process

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				  Commission receives a complaint about a juvenile board, the Commission shall
				  review the circumstances surrounding the complaint to determine whether the
				  juvenile board has violated the rules or standards of the Commission.
(b) If the Commission determines the
				  complaint is about juvenile services within the discretion of the juvenile
				  board, the complaint shall be referred to the juvenile board. The complainant
				  shall be notified in writing of the referral by the Commission.
(c) If the Commission determines the juvenile
				  board has violated the Commission's rules or standards, the juvenile board
				  shall be notified in writing of the violation. If, within 90 calendar days of
				  the date on which the juvenile board received written notice of the
				  Commission's determination, the juvenile board does not propose its own plan
				  for achieving compliance or if the plan is not acceptable to the Commission,
				  the Commission will attempt to negotiate a mutually agreeable
				  solution.
(d) Upon written notice
				  of the violation, the juvenile board shall be given 90 calendar days to achieve
				  compliance or propose a plan to achieve compliance acceptable to the
				  Commission.
(e) If the Commission
				  and the juvenile board cannot reach an agreement, the Commission shall give the
				  juvenile board written notice of its intent to refuse, reduce or suspend state
				  aid under § 141.085 of the Texas Human Resources Code. Upon receipt of the
				  above notice, the juvenile board shall have 15 calendar days to:
(1) notify in writing the Commission's
				  Executive Director of the juvenile board's compliance;
(2) propose in writing an alternate solution;
				  or
(3) provide a written appeal of
				  the Commission's action(s) to the Executive Director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter D - COMPLAINTS AGAINST JUVENILE BOARDS › Section 349.410 - Administrative Review of Investigation Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person named by the Texas Juvenile
				  Justice Department (TJJD) as a designated perpetrator or administrative
				  designee as a result of an investigation conducted under Chapter 350 of this
				  title may request an administrative review of the investigation
				  findings.
(b) The designated
				  perpetrator or administrative designee must request the review in writing
				  within 20 calendar days after receiving TJJD's written notice of the
				  investigation findings.
(c) If
				  civil or criminal proceedings related to an allegation that TJJD has
				  investigated are pending when a designated perpetrator or administrative
				  designee requests an administrative review, or if such proceedings are
				  initiated before TJJD begins the review, TJJD may postpone the review until the
				  proceedings are completed.
(d) The
				  designated perpetrator or administrative designee has a right to:
(1) represent himself/herself or be
				  represented by an authorized representative; and
(2) submit relevant evidence on his/her
				  behalf.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.500 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to clarify to whom and
					 under what circumstances the Commission may disclose information made
					 confidential under §
										261.201
					 of the Texas Family Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.510 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this subchapter shall have the
					 following meanings, unless the context clearly indicates otherwise:
(1) Investigation Records--That portion of
				  the records described in §
										261.201(a)
				  of the Texas Family Code which were generated by the Commission or required to
				  be submitted to the Commission during the course of an abuse, neglect or
				  exploitation investigation.
(2)
				  Parent--Biological or adoptive parent, possessory conservator, temporary or
				  permanent managing conservator, legal guardian, or other legal representative
				  of the juvenile, provided that the requestor's parental or other legal
				  relationship to the juvenile has not been terminated at the time the request
				  for information is made.
(3)
				  Report--Formal notification to the Commission of an alleged incident of abuse,
				  neglect or exploitation of a juvenile in a juvenile justice program and/or
				  under the jurisdiction of the juvenile court.
(4) Reporter--An individual who makes a
				  report to the Commission alleging the abuse, neglect or exploitation of a
				  juvenile. If more than one individual makes a report alleging abuse, neglect or
				  exploitation of the same juvenile, all such individuals shall have the
				  designation of reporter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.520 - Access to Confidential Information

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  the extent required by state or federal law, or to the extent deemed necessary
				  by the Commission for the protection and care of juveniles, the Commission may
				  release, as requested, the Commission's Notice of Disposition and/or
				  investigation records made confidential under Texas Family Code §
										261.201(a)
				  to the following listed persons or entities:
(1) the juvenile board and chief
				  administrative officer that placed the alleged victim, unless the requesting
				  board member, chief administrative officer or facility administrator is the
				  alleged, designated or sustained perpetrator, or administrative
				  designee;
(2) the juvenile board,
				  the chief administrative officer and the facility administrator of the county
				  in which the department, program or facility is located, unless the requesting
				  board member, chief administrative officer or facility administrator is the
				  alleged, designated or sustained perpetrator or administrative
				  designee;
(3) law enforcement
				  officials for the purpose of investigating allegations of abuse, neglect and
				  exploitation or for the purpose of investigating allegations of false or
				  malicious reporting of alleged abuse, neglect and exploitation;
(4) a physician who suspects a juvenile may
				  be the victim of abuse, neglect or exploitation and requires this information
				  for diagnosis, prognosis or treatment of the juvenile;
(5) a government official when specifically
				  required by law;
(6) a grand
				  jury;
(7) an attorney, attorney ad
				  litem, guardian ad litem or court appointed special advocate of an alleged
				  victim;
(8) a court in a criminal
				  or civil case arising in connection with an investigation of abuse, neglect and
				  exploitation;
(9) the attorney
				  general of the state, or a county or district attorney, when such attorney
				  represents the state in a proceeding in connection with an
				  investigation;
(10) a member of the
				  state legislature when necessary to carry out that member's official duties;
				  and
(11) any other person or
				  entity, including other licensing agencies, law enforcement and prosecutors,
				  when, in the discretion of the Commission, such information is necessary to aid
				  in the protection of juveniles.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.530 - Redaction of Records Prior to Release

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless otherwise permitted by law, prior to the release of investigation
				  records, the Commission shall redact the name, address and any other
				  information in the record that tends to reveal the identity of the
				  reporter.
(b) In the event the
				  reporter also provided a witness statement or other evidence, the reporter's
				  identity as a witness and the information provided in the role of witness will
				  be released. Any information that might identify the individual as the reporter
				  shall be redacted from the record prior to its release.
(c) The Commission may, in its discretion,
				  redact personally identifiable information about any person other than the
				  reporter who is referenced in a report. Identifying information includes, but
				  is not limited to, names, social security numbers, home and work addresses,
				  telephone numbers and driver's license numbers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.540 - Procedures for Requesting Access to Confidential Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the exception in §
										349.560
				  of this chapter, upon written request for copies of records and a determination
				  that the requestor is entitled to have access to those records pursuant to
				  either these rules or a court order issued in accordance with the provisions in
				  §
										261.201
				  of the Texas Family Code, the Commission shall provide copies of the requested
				  records.
(b) Notwithstanding any
				  other provision in this subchapter, the Commission shall not disclose any
				  information which if released to the requestor would interfere with a criminal
				  investigation or prosecution.
(c)
				  Records will not be released until the investigation of an allegation of abuse,
				  neglect and exploitation is complete unless, in the discretion of the
				  Commission, release prior to completion of the investigation is necessary to
				  aid in the protection of juveniles.
(d) Notwithstanding any other provision in
				  this subchapter, if the Commission has been sued by any party and the
				  Commission determines that the release of the requested records might interfere
				  with the defense of that litigation, the Commission may require that a
				  requestor seek access to records under the appropriate rules of civil procedure
				  rather than under this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.550 - Public Information

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall compile statewide statistics on the
					 incidence of abuse, neglect and exploitation as required by §
										261.402 of
					 the Texas Family Code.
(1) The
				  following statistical data, which contains no case-specific identifiers, is
				  available to the public upon written request:
(A) the number of reported allegations of
				  abuse, neglect and exploitation;
(B) the classifications assigned to reported
				  allegations of abuse, neglect and exploitation; and
(C) the dispositions assigned to
				  investigations of reported allegations of abuse, neglect and
				  exploitation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.560 - Videotapes, Audiotapes and Photographs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Individuals authorized under §
										349.520
				  of this chapter have access to investigation records may review any videotapes,
				  audiotapes or photographs that are a part of those records.
(1) Access will be permitted only in areas
				  designated by the Commission and at a time mutually convenient to the requestor
				  and the Commission.
(2) When
				  viewing or listening to these records, the requestor may not be accompanied by
				  any individual who would not otherwise be entitled to have access to these
				  records, unless the participation of this individual is deemed by the
				  Commission to be appropriate under the circumstances surrounding the
				  request.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter E - CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS › Section 349.570 - Charges for Copies of Records

Current through Reg. 49, No. 28; July 12, 2024
The Commission may charge a fee for records provided under
					 this chapter using the same fee structure as that used by the Commission when
					 assessing charges under Chapter 552 of the Texas Government
					 Code.
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 350.110 - Interpretation

Current through Reg. 49, No. 28; July 12, 2024
(a) Headings. The headings in this chapter
				are for convenience only and are not intended as a guide to the interpretation
				of the standards in this chapter.
(b) Including. The word, "including" when
				following a general statement or term, is not to be construed as limiting the
				general statement or term to any specific item or manner set forth or to
				similar items or matters, but rather as permitting the general statement or
				term to refer also to all other items or matters that could reasonably fall
				within its broadest possible scope.
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 350.120 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise noted, these standards apply to the
				  investigations of all alleged abuse, neglect and exploitation, death conducted
				  by the Commission and serious incidents involving a juvenile and an employee,
				  intern, volunteer, contractor or service provider.
(1) Texas Family Code §
									261.405(b)
				gives the Commission the authority to conduct abuse, neglect and exploitation
				investigations in any juvenile justice department, program or facility. The
				investigations conducted by the Commission are governed by Texas Family Code
				Chapter 261.
(2) Investigations
				conducted by the Commission are governed by Texas Family Code Chapter
				261.
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 350.200 - Assessment

Current through Reg. 49, No. 28; July 12, 2024
An assessment shall be completed on all reports of alleged
				  abuse, neglect, exploitation or death received by the Commission.
(1) Reports of alleged abuse, neglect,
				exploitation or death within the Commission's investigative jurisdiction shall,
				regardless of the source, or severity or perceived lack thereof, be assigned
				for investigation.
(2) Reports of
				alleged abuse, neglect, exploitation or death not within the Commission's
				investigative jurisdiction shall be referred to the appropriate division within
				the Commission or other governmental unit having jurisdiction.
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 350.210 - Prioritization, Activation and Initiation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Prioritization. All reports of alleged abuse, neglect, exploitation or death
				shall be assigned a priority level.
(b) Activation. Investigations are activated
				when the Commission makes the initial notification to law
				enforcement.
(c) Initiation.
				Investigations are initiated when the assigned investigator contacts or
				attempts to contact, via phone, fax, e-mail or in person a representative of
				the department, program, facility, governing board, juvenile board; law
				enforcement agency; the reporter; or any person with knowledge of the alleged
				incident.
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 350.300 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Primary Objective. The primary objective
				of each Commission investigation is to ensure the health, safety and well being
				of the alleged victim and other juveniles under the jurisdiction of the
				juvenile court.
(b) Occurrence.
				Commission investigations are conducted to determine if the alleged abuse,
				neglect or exploitation occurred.
(c) Statutory Definitions. Commission
				investigations determine if the elements of the alleged incident correspond to
				the statutory definitions in Texas Family Code Chapter 261.
(d) Risk and Compliance. Commission
				investigations serve to assess risk potential and compliance with applicable
				administrative standards.
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 350.400 - Notification and Referral

Current through Reg. 49, No. 28; July 12, 2024
(a) Notification of
				Disposition. At the conclusion of an investigation, notification of the
				disposition shall be forwarded to the appropriate parties in accordance with
				applicable Commission policies and procedures.
(b) Notice to Prosecutor. Notifications to
				the district or county attorney's office prosecuting criminal matters in the
				jurisdiction in which the Commission conducted the investigation, shall be
				forwarded in accordance with applicable Commission policies and
				procedures.
(c) Non-Compliance
				Citation Report. A Non-Compliance Citation Report (NCCR) shall be issued in
				accordance with applicable Commission policies and procedures.
(d) Notice of Technical Assistance. A "Notice
				of Technical Assistance" (NTA) shall be issued in accordance with applicable
				Commission policies and procedures.
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 350.500 - Requests for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
Requests for disciplinary action shall be submitted in
				  accordance with applicable administrative standards and Commission policies and
				  procedures.
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 350.600 - Retention, Release and Redaction of Commission Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Record Development. In accordance with
				Texas Family Code §
									261.402,
				the Commission shall develop and maintain a record of each report of alleged
				abuse, neglect, exploitation or death.
(b) Database. The Commission shall maintain
				an electronic database containing information regarding all reports of alleged
				abuse, neglect, exploitation, death and serious incidents.
(c) Record Retention. The investigation
				records maintained by the Commission are confidential and shall be retained in
				accordance with the retention schedule adopted by the Commission or other
				applicable laws.
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 350.610 - Release of Confidential Information

Current through Reg. 49, No. 28; July 12, 2024
Confidential information shall be released in accordance with
				  the Commission's policies and procedures and other applicable statutory
				  provisions governing the disclosure of confidential
				  information.
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 350.620 - Redaction of Records

Current through Reg. 49, No. 28; July 12, 2024
In certain cases, an alleged perpetrator's identifying
				  information may be redacted from the Commission's records.
(1) Automatic Redaction. The Commission
				shall, in cases in which the disposition is baseless, automatically and
				permanently redact the alleged perpetrator's identifying information from the
				Commission's case record.
(2)
				Request for Redaction. The alleged perpetrator may request that his or her
				identifying information be redacted from the Commission's records if:
(A) The Commission's final disposition of the
				case in which the alleged perpetrator was involved is "Ruled Out;"
(B) The alleged perpetrator submits the
				request for redaction in writing to the Commission's Legal Division;
(C) The alleged perpetrator submits the
				request for redaction within 30 calendar days of the last day of the
				corresponding limitation period described in paragraph (3) of this
				section;
(D) The alleged
				perpetrator has been continuously employed within the Texas juvenile justice
				system for the time period as specified in this paragraph; and
(E) The alleged perpetrator has not been
				named as the subject of investigation in a subsequent case of abuse, neglect or
				exploitation.
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 350.700 - Call Line

Current through Reg. 49, No. 28; July 12, 2024
In accordance with applicable policies and procedures, the
				  Commission shall maintain a toll-free number to facilitate the reporting of
				  alleged abuse, neglect, exploitation, death and serious
				  incidents.
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 350.800 - Serious Incidents

Current through Reg. 49, No. 28; July 12, 2024
An assessment to determine jurisdiction, classification and
				  if follow-up action is needed, shall be completed on all serious incidents
				  received by the Commission.
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 350.900 - Training and Quality Assurance

Current through Reg. 49, No. 28; July 12, 2024
Commission investigators shall receive current and relevant
				  training in the discipline of investigating alleged abuse, neglect,
				  exploitation and death. Quality assurance measures shall be implemented to help
				  ensure that Commission investigations are conducted in accordance with the
				  rules contained in this chapter and in accordance with applicable Commission
				  policies and procedures.
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 350.901 - Pre-Service Training

Current through Reg. 49, No. 28; July 12, 2024
Investigators shall receive pre-service training hours in the
				  laws, statutes, administrative rules and agency policies and procedures
				  governing and relevant to conducting administrative investigations of abuse,
				  neglect, exploitation and death of juveniles within the juvenile justice
				  system.
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 350.902 - Competency Testing

Current through Reg. 49, No. 28; July 12, 2024
Investigators shall demonstrate a minimum proficiency in
				  select topics received during pre-service training.
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 350.903 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
Continuing education shall include topics relevant to
				  conducting investigations of abuse, neglect, exploitation and death of
				  juveniles within the juvenile justice system and topics relevant to the
				  practices of juvenile justice professionals.
(1) Investigators shall successfully complete
				a minimum number of hours of continuing education training in accordance with
				applicable Commission policies and procedures.
(2) In addition to the requirements of
				paragraph (1) of this section, investigators licensed as peace officer shall
				adhere to the training requirements in accordance with the administrative rules
				as established by TCLEOSE in Title 37, Part 7 of the Texas Administrative
				Code.
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 350.904 - Quality Assurance

Current through Reg. 49, No. 28; July 12, 2024
During each fiscal year internal quality assurance reviews of
				  active and completed investigations shall be conducted.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter A - DEFINITIONS › Section 351.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Alleged Victim--A
				  juvenile alleged as being a victim of abuse, exploitation or neglect.
(2) Attempted Suicide--Any action a resident
				  takes that could result in taking his or her own life voluntarily and
				  intentionally while detained or placed in a short-term detention
				  facility.
(3) Chemical
				  Agents--Oleorsin Capsicum (OC) pepper spray, or Orthoclhorobenzalmalonoitrile
				  (tear gas).
(4) Chief
				  Administrative Officer--Regardless of title, the person hired by a juvenile
				  board who is responsible for oversight of the day-to-day operations of a
				  juvenile probation department or a multi-county juvenile judicial
				  district.
(5) Commission--The Texas
				  Juvenile Probation Commission.
(6)
				  Contraband--Any item not issued to employees for the performance of their
				  duties and which employees have not obtained supervisory approval to possess.
				  Contraband also includes any item given to a resident by an employee or other
				  individual, which a resident is not authorized to possess or use. Specific
				  items of contraband include, but are not limited to:
(A) firearms;
(B) knives;
(C) ammunition;
(D) drugs;
(E) intoxicants;
(F) pornography; and
(G) any unauthorized written or verbal
				  communication brought into or taken from an institution for a resident, former
				  resident, associate of or family members of a resident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 351 - STANDARDS FOR SHORT-TERM DETENTION FACILITIES › Subchapter B - SHORT-TERM DETENTION FACILITY STANDARDS › Section 351.2 - Administration and Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Policies and
				  Procedures. The juvenile board shall approve policies and procedures for the
				  facility or approve the policies and procedures of a private provider operating
				  a facility within its county under contract with the Juvenile Board and/or the
				  County.
(b) Certification and
				  Registration. The juvenile board's current facility certification and the
				  Commission's registration shall be posted within the facility in a public
				  area.
(c) Facility Administrator.
(1) There shall be a single facility
				  administrator on-site that is designated to oversee the daily operations of the
				  facility.
(2) The person designated
				  as the facility administrator may be the county or judicial district's chief
				  administrative officer.
(3) A
				  short-term detention officer shall be designated to be in charge during the
				  facility administrator's absence.