Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES

TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES (13102)(1-click HTML)

SUBTITLE A. TEXAS JUVENILE JUSTICE BOARD AND TEXAS JUVENILE JUSTICE DEPARTMENT (13103)(1-click HTML)

CHAPTER 201. GENERAL PROVISIONS (13104)(1-click HTML)
Sec. 201.001. DEFINITIONS. (13105)(1-click HTML)

(a) In this title: (13106)

(1) "Board" means the Texas Juvenile Justice Board. (13107)

(2) "Child" means an individual: (13108)

(A) 10 years of age or older and younger than 18 years of age who is under the jurisdiction of a juvenile court; or (13109)

(B) 10 years of age or older and younger than 19 years of age who is committed to the department under Title 3, Family Code. (13110)

(3) "Court" means a juvenile court. (13111)

(4) "Department" means the Texas Juvenile Justice Department. (13112)

(5) "Executive director" means the executive director of the department. (13113)

(6) "Juvenile board" means a body established by law to provide juvenile probation services to a county. (13114)

(7) "State aid" means funds allocated by the department to a juvenile board to financially assist the juvenile board in achieving the purposes of this title and in conforming to the department's standards and policies. (13115)

(a-1) Expired. (13116)

(a-2) Expired. (13117)

(b) Effective December 1, 2011, a reference in other law to: (13118)

(1) the Texas Juvenile Probation Commission means the department; or (13119)

(2) the Texas Youth Commission means the department. (13120)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13121)

Sec. 201.002. PURPOSES AND INTERPRETATION. (13122)(1-click HTML)

This title shall be construed to have the following public purposes: (13123)

(1) creating a unified state juvenile justice agency that works in partnership with local county governments, the courts, and communities to promote public safety by providing a full continuum of effective supports and services to youth from initial contact through termination of supervision; and (13124)

(2) creating a juvenile justice system that produces positive outcomes for youth, families, and communities by: (13125)

(A) assuring accountability, quality, consistency, and transparency through effective monitoring and the use of systemwide performance measures; (13126)

(B) promoting the use of program and service designs and interventions proven to be most effective in rehabilitating youth; (13127)

(C) prioritizing the use of community-based or family-based programs and services for youth over the placement or commitment of youth to a secure facility; (13128)

(D) operating the state facilities to effectively house and rehabilitate the youthful offenders that cannot be safely served in another setting; and (13129)

(E) protecting and enhancing the cooperative agreements between state and local county governments. (13130)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13131)

Sec. 201.003. GOALS. (13132)(1-click HTML)

The goals of the department and all programs, facilities, and services that are operated, regulated, or funded by the department are to: (13133)

(1) support the development of a consistent county-based continuum of effective interventions, supports, and services for youth and families that reduce the need for out-of-home placement; (13134)

(2) increase reliance on alternatives to placement and commitment to secure state facilities, consistent with adequately addressing a youthful offender's treatment needs and protection of the public; (13135)

(3) locate the facilities as geographically close as possible to necessary workforce and other services while supporting the youths' connection to their families; (13136)

(4) encourage regional cooperation that enhances county collaboration; (13137)

(5) enhance the continuity of care throughout the juvenile justice system; and (13138)

(6) use secure facilities of a size that supports effective youth rehabilitation and public safety. (13139)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13140)

Sec. 201.004. INTERAGENCY AND INTERGOVERNMENTAL COOPERATION. (13141)(1-click HTML)

(a) To improve services to youth, the department may cooperate and contract with: (13142)

(1) the federal government; (13143)

(2) governmental agencies in this state and other states; (13144)

(3) political subdivisions of the state; and (13145)

(4) private agencies and foundations. (13146)

(b) The executive director, the commissioner of education, the commissioner of family and protective services, the commissioner of state health services, the executive commissioner of health and human services, and the chair of the workforce commission, or their designees, shall meet at least annually to: (13147)

(1) discuss mutual issues relating to at-risk youth and youthful offenders, and community support systems for families and youth; (13148)

(2) resolve conflicts in providing services to youth; and (13149)

(3) make recommendations to the governor and legislature. (13150)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13151)

CHAPTER 202. ADMINISTRATIVE PROVISIONS (13152)(1-click HTML)
Sec. 202.001. COMPOSITION OF BOARD; PRESIDING OFFICER. (13153)(1-click HTML)

(a) The board is composed of the following 13 members appointed by the governor with the advice and consent of the senate: (13154)

(1) one member who is a district court judge of a court designated as a juvenile court; (13155)

(2) three members who are members of a county commissioners court; (13156)

(3) one prosecutor in juvenile court; (13157)

(4) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes fewer than 7,500 persons younger than 18 years of age; (13158)

(5) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes at least 7,500 but fewer than 80,000 persons younger than 18 years of age; (13159)

(6) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes 80,000 or more persons younger than 18 years of age; (13160)

(7) one adolescent mental health treatment professional licensed under Subtitle B or I, Title 3, Occupations Code; (13161)

(8) one educator, as that term is defined by Section 5.001, Education Code; and (13162)

(9) three members of the general public. (13163)

(b) Members serve staggered six-year terms, with the terms of four or five members expiring on February 1 of each odd-numbered year. (13164)

(c) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor. (13165)

(d) The governor shall make appointments to the board without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (13166)

(e) A member appointed under Subsections (a)(1)-(6) may not hold office in the same county or judicial district as another member appointed under those subsections. (13167)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13168)

Sec. 202.002. RESTRICTIONS ON BOARD MEMBERSHIP AND DEPARTMENT EMPLOYMENT. (13169)(1-click HTML)

(a) A person may not be a public member of the board if the person or the person's spouse: (13170)

(1) is employed in the field of criminal or juvenile justice; (13171)

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department; (13172)

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; or (13173)

(4) uses or receives a substantial amount of tangible goods, services, or money from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. (13174)

(b) A person may not be a board member and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (13175)

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice; or (13176)

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice. (13177)

(c) A person may not be a board member or act as the general counsel to the board or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department. (13178)

(d) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (13179)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13180)

Sec. 202.003. PROVISIONS APPLICABLE TO JUDICIAL MEMBERS. (13181)(1-click HTML)

(a) A judge's place on the board becomes vacant when the judge ceases to hold a judicial office. (13182)

(b) A judge's service on the board is an additional duty of office. (13183)

(c) At the time of appointment to the board, a judge must be a judge of: (13184)

(1) a court designated as a juvenile court; or (13185)

(2) a court that is one of several courts that rotate being the juvenile court. (13186)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13187)

Sec. 202.004. REMOVAL OF BOARD MEMBERS. (13188)(1-click HTML)

(a) It is a ground for removal from the board if a member: (13189)

(1) does not have at the time of taking office the qualifications required by Sections 202.001 and 202.003; (13190)

(2) does not maintain during service on the board the qualifications required by Sections 202.001 and 202.003; (13191)

(3) is ineligible for membership under Section 202.002; (13192)

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the term; or (13193)

(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board. (13194)

(b) The validity of an action of the board is not affected by the fact that the action is taken when a ground for removal of a board member exists. (13195)

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists. (13196)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13197)

Sec. 202.005. BOARD MEMBER RECUSAL. (13198)(1-click HTML)

(a) A chief juvenile probation officer who is a board member shall avoid the appearance of a conflict of interest by not voting or participating in any decision by the board that solely benefits or penalizes or otherwise solely impacts the juvenile probation department over which the chief juvenile probation officer has authority. The chief juvenile probation officer may not vote or render any decisions regarding matters of abuse and neglect presented to the board regarding the chief juvenile probation officer's department. (13199)

(b) The board may adopt recusal requirements in addition to those described by Subsection (a), including requirements that are more restrictive than those described by Subsection (a). (13200)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13201)

Sec. 202.006. TRAINING FOR BOARD MEMBERS. (13202)(1-click HTML)

(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. (13203)

(b) The training program must provide the person with information regarding: (13204)

(1) the legislation that created the department; (13205)

(2) the programs, functions, rules, and budget of the department; (13206)

(3) the results of the most recent formal audit of the department; (13207)

(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and (13208)

(5) any applicable ethics policies adopted by the department or the Texas Ethics Commission. (13209)

(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. (13210)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13211)

Sec. 202.007. REIMBURSEMENT. (13212)(1-click HTML)

A board member is not entitled to compensation for service on the board but is entitled to reimbursement for actual and necessary expenses incurred in performing official duties as a board member. (13213)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13214)

Sec. 202.008. MEETINGS; PUBLIC PARTICIPATION. (13215)(1-click HTML)

(a) The board shall hold regular quarterly meetings on dates set by the board and special meetings at the call of the presiding officer. (13216)

(b) The board shall adopt rules regulating the board's proceedings. (13217)

(c) The board shall keep a public record of the board's decisions at the board's general office. (13218)

(d) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the department. (13219)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13220)

Sec. 202.009. AUDIT; AUTHORITY OF STATE AUDITOR. (13221)(1-click HTML)

(a) The department is subject to audit by the state auditor in accordance with Chapter 321, Government Code. (13222)

(b) The state auditor, on request of the office of inspector general, may provide information or other assistance to the office of inspector general that the state auditor determines is appropriate. The office of inspector general may coordinate with the state auditor to review or schedule a plan for an investigation under Subchapter C, Chapter 242, or share other information. (13223)

(c) The state auditor may access all information maintained by the office of inspector general, such as vouchers, electronic data, and internal records, including information that is otherwise confidential under law. Information obtained by the state auditor under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code. (13224)

(d) Any provision of this title relating to the operations of the office of inspector general does not: (13225)

(1) supersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or (13226)

(2) prohibit the state auditor from: (13227)

(A) conducting an audit, investigation, or other review; or (13228)

(B) having full and complete access to all records and other information concerning the department, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review. (13229)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13230)

Sec. 202.010. SUNSET PROVISION. (13231)(1-click HTML)

The Texas Juvenile Justice Board and the Texas Juvenile Justice Department are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board and the department are abolished September 1, 2021. (13232)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13233)

Amended by: (13234)

Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 1.02, eff. June 18, 2015. (13235)

Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 3, eff. September 1, 2015. (13236)

CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT (13237)(1-click HTML)
Sec. 203.001. CONTROL OVER DEPARTMENT; DEPARTMENT MISSION. (13238)(1-click HTML)

(a) The board is the governing body of the department and is responsible for the operations of the department. (13239)

(b) The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department. (13240)

(c) The board shall establish the mission of the department with the goal of establishing a cost-effective continuum of youth services that emphasizes keeping youth in their home communities while balancing the interests of rehabilitative needs with public safety. The board shall establish funding priorities for services that support this mission and that do not provide incentives to incarcerate youth. (13241)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13242)

Sec. 203.002. EXECUTIVE DIRECTOR. (13243)(1-click HTML)

The board shall: (13244)

(1) employ an executive director to administer the department; and (13245)

(2) supervise the director's administration of the department. (13246)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13247)

Sec. 203.003. ACCESSIBILITY TO PROGRAMS AND FACILITIES. (13248)(1-click HTML)

(a) The department shall comply with federal and state laws related to program and facility accessibility. (13249)

(b) The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services. (13250)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13251)

Sec. 203.004. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (13252)(1-click HTML)

(a) The board shall develop and implement a policy to encourage the use of: (13253)

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and (13254)

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction. (13255)

(b) The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. (13256)

(c) The department shall: (13257)

(1) coordinate the implementation of the policy adopted under Subsection (a); (13258)

(2) provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and (13259)

(3) collect data concerning the effectiveness of those procedures. (13260)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13261)

Sec. 203.005. GIFTS AND GRANTS. (13262)(1-click HTML)

(a) The department may apply for and accept gifts and grants from any public or private source. (13263)

(b) The department shall deposit money received under this section in the state treasury. The department may use the money for the purpose of funding any activity under this title. (13264)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13265)

Sec. 203.006. MEDICAID BENEFITS. (13266)(1-click HTML)

The department shall: (13267)

(1) identify areas in which federal Medicaid program benefits could be used in a manner that is cost-effective for juveniles in the juvenile justice system; (13268)

(2) develop a program to encourage application for and receipt of Medicaid benefits; (13269)

(3) provide technical assistance to counties relating to eligibility for Medicaid benefits; and (13270)

(4) monitor the extent to which counties make use of Medicaid benefits. (13271)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13272)

Sec. 203.0065. PREVENTION AND INTERVENTION SERVICES. (13273)(1-click HTML)

(a) In this section, "prevention and intervention services" means programs and services intended to prevent or intervene in at-risk behaviors that lead to delinquency, truancy, dropping out of school, or referral to the juvenile justice system. (13274)

(b) The department shall provide prevention and intervention services for: (13275)

(1) at-risk youth who are six years of age or older and younger than 18 years of age and who are: (13276)

(A) subject to compulsory school attendance under the Education Code; or (13277)

(B) under the jurisdiction of the juvenile court; and (13278)

(2) the family of an at-risk youth described by Subdivision (1). (13279)

(c) The prevention and intervention services provided under Subsection (b) must: (13280)

(1) consolidate prevention and intervention services within the department to avoid fragmentation and duplication of programs and services; and (13281)

(2) increase accountability for the delivery and administration of the programs and services. (13282)

(d) The department shall, to the extent funds are available: (13283)

(1) plan, develop, and administer a comprehensive and unified statewide delivery system of the prevention and intervention services to at-risk youth and their families; (13284)

(2) improve the efficiency and responsiveness of prevention and intervention services by facilitating greater coordination and flexibility in the use of funds by state and local service providers; (13285)

(3) ensure program effectiveness by funding evidence-based or research-based programs; (13286)

(4) provide accountability for the provision of services in order to demonstrate the impact or public benefit of a program by adopting outcomes measures; (13287)

(5) assist local communities in the coordination and development of prevention and intervention services in order to maximize access to federal, state, and local resources; and (13288)

(6) provide funding for prevention and intervention services through a competitive process to entities, including private service providers, local juvenile boards, municipal and justice courts, schools, and non-profit organizations. (13289)

(e) The department may seek, through a competitive process, an independent services provider with demonstrated experience in administration of similar statewide projects in Texas to effectively and efficiently provide prevention and intervention services and implement the duties under Subsection (d). (13290)

(f) The department shall periodically evaluate the continued effectiveness of prevention and intervention services provided under this section. (13291)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13292)

Sec. 203.007. STUDIES; STATISTICAL RECORDS. (13293)(1-click HTML)

(a) The department may conduct or participate in studies relating to corrections methods and systems and to treatment and therapy programs at the governor's request or on the department's own initiative. (13294)

(b) The department shall continuously study the problem of juvenile delinquency in this state and the effectiveness of services provided or regulated by the department under Subtitle B or C and shall report the department's findings to the governor and the legislature before each regular legislative session. (13295)

(c) The department shall keep records relating to juveniles within the juvenile justice system that participate in research programs or studies. (13296)

(d) The records must show, for each calendar quarter and for each calendar year: (13297)

(1) the number of juveniles participating in research programs or studies for the appropriate reporting period; (13298)

(2) the type of research program or study in which each juvenile is participating; (13299)

(3) the name of the principal investigator conducting the research program or study; and (13300)

(4) the entity sponsoring the research program or study. (13301)

(e) The department shall submit a report that contains the information in the records kept under Subsection (d) on or before the 15th day after the last day of the appropriate reporting period to the: (13302)

(1) governor; (13303)

(2) lieutenant governor; (13304)

(3) speaker of the house of representatives; and (13305)

(4) members of the senate and house of representatives. (13306)

(f) A report submitted under this section is public information under Chapter 552, Government Code. (13307)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13308)

Sec. 203.008. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (13309)(1-click HTML)

(a) In this section, "evidence" means any record, book, paper, document, data, or other evidence maintained by electronic or other means. (13310)

(b) The department may issue a subpoena requiring the attendance of a witness or the production of evidence that the department considers necessary for the investigation of: (13311)

(1) abuse, neglect, or exploitation allegations; (13312)

(2) complaints; (13313)

(3) financial and programmatic audits of juvenile probation programs, services, and facilities, including juvenile justice alternative education programs; or (13314)

(4) any other matter under the authority of the department, including a determination of treatment under Section 244.005. (13315)

(c) The department may issue a subpoena under Subsection (b) only if the subpoena is signed by: (13316)

(1) the presiding officer of the board or, if the presiding officer is unavailable, the presiding officer's designee; and (13317)

(2) at least two other members of the board, including a board member who is a judge. (13318)

(d) A hearings examiner appointed by the department may issue a subpoena requiring the attendance of a witness or the production of any record, book, paper, or document the hearings examiner considers necessary for a determination of treatment under Section 244.005. The hearings examiner may sign a subpoena. (13319)

(e) Any peace officer, department investigator, other department official, or person authorized under Article 24.01, Code of Criminal Procedure, may serve the subpoena in the same manner that similar process in a court of record having original jurisdiction of criminal actions is served. (13320)

(f) A subpoena under this section shall be served and witness fees and mileage paid as in civil cases in the district court in the county to which the witness is called, unless the proceeding for which the service or payment is made is under Chapter 2001, Government Code, in which case the service or payment shall be made as provided in that chapter. Witnesses subpoenaed at the instance of the department shall be paid their fees and mileage by the department out of funds appropriated for that purpose. (13321)

(g) On application of the department, a court of record having original jurisdiction of criminal actions may compel the attendance of a witness, the production of material, or the giving of testimony before the department, by an attachment for contempt or in the same manner as the court may otherwise compel the production of evidence. (13322)

(h) The presiding officer or a member of the board may administer an oath to a witness in attendance before the department or before an authorized representative of the department. (13323)

(i) If a witness in attendance before the department or before an authorized representative refuses without reasonable cause to be examined or answer a legal or pertinent question, or to produce evidence when ordered by the department, the department may apply to the district court for a rule or order returnable in not less than two or in more than five days, directing the witness to show cause before the judge why the witness should not be punished for contempt. The department may apply to the district court of any county where the witness is in attendance, on proof by affidavit of the fact, unless the order of contempt is sought under Chapter 2001, Government Code, in which case the department shall apply to a district court of Travis County, as provided by that chapter. On return of the order, the judge hearing the matter shall examine the witness under oath and the witness shall be given an opportunity to be heard. If the judge determines that the witness has refused, without reasonable cause or legal excuse, to be examined or answer a legal or pertinent question, or to produce evidence that the witness was ordered to bring or produce, the judge may immediately find the witness in contempt of court. (13324)

(j) The department shall be granted access at any reasonable time to any evidence that is related to any matter the department or executive director considers necessary to administer the department's functions, powers, and duties. (13325)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13326)

Sec. 203.0081. ADVISORY COUNCIL ON JUVENILE SERVICES. (13327)(1-click HTML)

(a) The advisory council on juvenile services consists of: (13328)

(1) the executive director of the department or the executive director's designee; (13329)

(2) the director of probation services of the department or the director's designee; (13330)

(3) the director of state programs and facilities of the department or the director's designee; (13331)

(4) the executive commissioner of the Health and Human Services Commission or the commissioner's designee; (13332)

(5) one representative of the county commissioners courts appointed by the board; (13333)

(6) two juvenile court judges appointed by the board; and (13334)

(7) seven chief juvenile probation officers appointed by the board as provided by Subsection (b). (13335)

(b) The board shall appoint to the advisory council one chief juvenile probation officer from each regional chiefs association in this state from a list of nominees submitted to the board by each regional chiefs association. To the greatest extent practicable, a regional chiefs association shall include in its list of nominees: (13336)

(1) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes fewer than 7,500 persons younger than 18 years of age; (13337)

(2) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes at least 7,500 but fewer than 80,000 persons younger than 18 years of age; and (13338)

(3) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes 80,000 or more persons younger than 18 years of age. (13339)

(c) Advisory council members, other than ex officio members, serve staggered two-year terms, with the terms of one-half of the members, as nearly as practicable, expiring on February 1 of each year. (13340)

(d) The advisory council shall report to the board any determinations made under Subsection (e). (13341)

(e) The advisory council shall assist the department in: (13342)

(1) determining the needs and problems of county juvenile boards and probation departments; (13343)

(2) conducting long-range strategic planning; (13344)

(3) reviewing and proposing revisions to existing or newly proposed standards affecting juvenile probation programs, services, or facilities; (13345)

(4) analyzing the potential cost impact on juvenile probation departments of new standards proposed by the board; and (13346)

(5) advising the board on any other matter on the request of the board. (13347)

(f) The advisory council is not subject to Chapter 2110, Government Code. (13348)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13349)

Amended by: (13350)

Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 5, eff. September 1, 2013. (13351)

Sec. 203.0082. FEES. (13352)(1-click HTML)

If the General Appropriations Act does not specify the amount of the fee, the board by rule may establish fees that: (13353)

(1) are reasonable and necessary; (13354)

(2) produce revenue sufficient for the administration of this chapter; and (13355)

(3) do not produce unnecessary revenue. (13356)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13357)

Sec. 203.009. PUBLIC INTEREST INFORMATION. (13358)(1-click HTML)

The department shall prepare information of public interest describing the functions of the department and describing the procedures by which complaints are filed with and resolved by the department. The department shall make the information available to the public and appropriate state agencies. (13359)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13360)

Sec. 203.010. COMPLAINTS. (13361)(1-click HTML)

(a) The department shall maintain a system to promptly and efficiently act on complaints received by the department by or on behalf of a juvenile relating to the programs, services, or facilities of the department or a local juvenile probation department. (13362)

(b) The department shall make information available describing its procedures for complaint investigation and resolution. (13363)

(c) Criminal complaints initially referred to the office of the inspector general relating to juvenile probation programs, services, or facilities shall be sent to the appropriate local law enforcement agency. Any other complaint shall be referred to the appropriate division of the department. The board by rule shall establish policies for the referral of noncriminal complaints. (13364)

(d) The department shall provide immediate notice to a local juvenile probation department of a complaint received by the department relating to the programs, services, or facilities of the local juvenile probation department. (13365)

(e) The department shall periodically notify the complaint parties of the status of the complaint until final disposition, unless the notice would jeopardize an undercover investigation. If the complaint relates to a claim of abuse, neglect, or exploitation involving a local juvenile probation department, the department shall provide monthly updates on the status of the complaint and immediate updates regarding department decisions to the local juvenile probation department. (13366)

(f) The department shall keep information about each written complaint filed with the department. The information must include: (13367)

(1) the subject matter of the complaint; (13368)

(2) the parties to the complaint; (13369)

(3) a summary of the results of the review or investigation of the complaint; (13370)

(4) the period of time between the date the complaint is received and the date the complaint is closed; and (13371)

(5) the disposition of the complaint. (13372)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13373)

Sec. 203.0105. DATA. (13374)(1-click HTML)

Any data compiled by a local juvenile probation department related to abuse, neglect, or exploitation of youth, or to complaints regarding juvenile probation programs, that is required by this chapter or by any rule to be reported to the department or local juvenile probation board shall be provided to the office of the independent ombudsman. (13375)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13376)

Sec. 203.011. APPEALS FROM DECISION OF EXECUTIVE DIRECTOR. (13377)(1-click HTML)

A juvenile probation department that is aggrieved by a decision of the executive director, including a decision relating to standards affecting juvenile probation programs, services, or facilities, may appeal the executive director's decision to the board. The decision of the board is final and cannot be appealed. (13378)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13379)

Sec. 203.012. ANNUAL FINANCIAL REPORT. (13380)(1-click HTML)

The department shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act. (13381)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13382)

Sec. 203.013. INTERNAL AUDIT; REPORT. (13383)(1-click HTML)

(a) The department shall regularly conduct internal audits of the department, including audits of: (13384)

(1) facilities operated by and under contract with the department; and (13385)

(2) medical services provided to children in the custody of the department. (13386)

(b) The department shall on a quarterly basis report the results of the audits to: (13387)

(1) the committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities; and (13388)

(2) the state auditor. (13389)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13390)

Sec. 203.014. TOLL-FREE NUMBER. (13391)(1-click HTML)

(a) The department shall establish a permanent, toll-free number for the purpose of receiving any information concerning the abuse, neglect, or exploitation of children in the custody of the department or housed in a local probation facility. (13392)

(b) The department shall ensure that: (13393)

(1) the toll-free number is prominently displayed in each department facility and each local probation facility; (13394)

(2) children in the custody of the department or housed in a local probation facility and employees of the department and the facility have confidential access to telephones for the purpose of calling the toll-free number; and (13395)

(3) the toll-free number is in operation and answered by staff 24 hours a day, every day of the year. (13396)

(c) The department shall share the complaints received on the toll-free number with the office of inspector general and the office of the independent ombudsman. (13397)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13398)

Sec. 203.015. PROGRAMS AND SERVICES EVALUATION SYSTEM. (13399)(1-click HTML)

The department shall establish and implement a system to evaluate the effectiveness of county and state programs and services for youth. (13400)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13401)

Text of section as added by Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), and Ch. 1184 (S.B. 1003). Under Acts 2013, 83rd Leg., R.S., Ch. 1184 (S.B. 1003), Sec. 7, this section expires February 1, 2015; Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), does not provide for expiration of this section. (13402)

Sec. 203.016. DATA REGARDING PLACEMENT IN DISCIPLINARY SECLUSION. (13403)(1-click HTML)

(a) In this section: (13404)

(1) "Disciplinary seclusion" means the separation of a resident from other residents for disciplinary reasons and the placement of the resident alone in an area from which egress is prevented for more than 90 minutes. (13405)

(2) "Juvenile facility" means a facility that serves juveniles under juvenile court jurisdiction and that is operated as a pre-adjudication secure detention facility, a short-term detention facility, or a post-adjudication secure correctional facility. (13406)

(b) The department shall collect the following data during the annual registration of juvenile facilities and make the data publicly available: (13407)

(1) the number of placements in disciplinary seclusion lasting at least 90 minutes but less than 24 hours; (13408)

(2) the number of placements in disciplinary seclusion lasting 24 hours or more but less than 48 hours; and (13409)

(3) the number of placements in disciplinary seclusion lasting 48 hours or more. (13410)

Added by Acts 2013, 83rd Leg., R.S., Ch. 1184 (S.B. 1003), Sec. 1, eff. September 1, 2013. (13411)

Added by Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 35, eff. September 1, 2013. (13412)

Sec. 203.017. REGIONALIZATION PLAN. (13413)(1-click HTML)

(a) The department shall develop and the board shall adopt a regionalization plan for keeping children closer to home in lieu of commitment to the secure facilities operated by the department under Subtitle C. (13414)

(b) The department shall consult with juvenile probation departments in developing a regionalization plan, including the identification of: (13415)

(1) post-adjudication facility capacity that may be dedicated to support the plan; and (13416)

(2) resources needed to implement the plan. (13417)

(c) The regionalization plan must define regions of the state to be served by facilities operated by juvenile probation departments, counties, halfway houses, or private operators, based on the post-adjudication facilities identified as being available for the purpose of the plan. (13418)

(d) The department shall ensure that each region has defined, appropriate, research-based programs for the target populations under the regionalization plan. (13419)

(e) The regionalization plan must: (13420)

(1) include a budget review, redirection of staff, and funding mechanisms necessary to support the plan; (13421)

(2) create a new division of the department responsible for administering the regionalization plan and monitoring program quality and accountability; (13422)

(3) include sufficient mechanisms to divert at least: (13423)

(A) 30 juveniles from commitment to secure facilities operated by the department for the state fiscal year beginning September 1, 2015; and (13424)

(B) 150 juveniles from commitment to secure facilities operated by the department for the state fiscal year beginning September 1, 2016; and (13425)

(4) for the state fiscal year beginning September 1, 2017, and each subsequent state fiscal year, include any savings that are generated by the decreases in the population of the secure facilities operated by the department under Subtitle C that exceed the cost of implementing the plan. (13426)

(f) The division created under Subsection (e)(2) shall: (13427)

(1) approve plans and related protocols to administer the developed regional model; (13428)

(2) provide training on best practices for all local probation departments affected by the regionalization plan; (13429)

(3) assist in research-based program development; (13430)

(4) monitor contract and program measures for the regionalization plan; (13431)

(5) analyze department data to provide clear guidance to local probation departments on outcome measures; and (13432)

(6) report on performance of specific programs and placements to assist in implementing best practices and maximize the impact of state funds. (13433)

(g) A region is eligible for funding to support evidence-based, intensive in-home services only if the region meets the performance standards established by the department and adopted in contracts for placement and services. (13434)

(h) The department shall adopt rules to allow the local probation departments implementing the regionalization plan to access the data submitted by those departments in the state juvenile case management system for planning and research purposes. (13435)

Added by Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 4, eff. September 1, 2015. (13436)

Sec. 203.018. SPECIALIZED PROGRAMS AND SPECIAL PROJECTS. (13437)(1-click HTML)

(a) The department shall develop specialized programs for children with a determinate sentence and children committed under Section 54.04013, Family Code. The programs must ensure safety and security for committed children and provide developmentally appropriate program strategies. (13438)

(b) The department shall establish performance-based goals related to improved outcomes that: (13439)

(1) must include measures to reduce recidivism; and (13440)

(2) shall include other well-being outcome measures. (13441)

(c) The department shall use case review strategies to identify children in department facilities who can safely and appropriately be transferred to alternative local placements or halfway houses, placed on parole, or discharged from the department. (13442)

(d) The department shall study and report to the board on the potential for repurposing existing secure facilities for the confinement of children with a determinate sentence or children committed under Section 54.04013, Family Code, or for other purposes. (13443)

(e) The department or any local probation department may not use or contract with a facility that was constructed or previously used for the confinement of adult offenders. (13444)

Added by Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 4, eff. September 1, 2015. (13445)

Sec. 203.019. REPORT TO LEGISLATURE. (13446)(1-click HTML)

Not later than August 15 of each year, the Texas Juvenile Justice Department shall submit to the lieutenant governor, the speaker of the house of representatives, and the governor a report that contains the following statistical information relating to children referred to a juvenile court during the preceding year: (13447)

(1) the ages, races, and counties of residence of the children transferred to a district court or criminal district court for criminal proceedings; and (13448)

(2) the ages, races, and counties of residence of the children committed to the Texas Juvenile Justice Department, placed on probation, or discharged without any disposition. (13449)

Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 40, eff. Sept. 1, 2001. (13450)

Amended by: (13451)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 66, eff. September 1, 2015. (13452)

Transferred and redesignated from Family Code, Section 58.112 by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 19, eff. September 1, 2017. (13453)

SUBTITLE B. PROBATION SERVICES; PROBATION FACILITIES (13454)(1-click HTML)

CHAPTER 221. ASSISTANCE TO COUNTIES AND REGULATION OF JUVENILE BOARDS AND JUVENILE PROBATION DEPARTMENTS (13455)(1-click HTML)
Sec. 221.001. PROVISION OF PROBATION AND DETENTION SERVICES. (13456)(1-click HTML)

(a) The department shall assist counties in providing probation and juvenile detention services by encouraging the continued operation of county and multi-county juvenile boards or probation offices. (13457)

(b) If a county discontinues the provision of juvenile probation services, the department may directly provide probation or detention services in the county. (13458)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13459)

Sec. 221.002. GENERAL RULES GOVERNING JUVENILE BOARDS, PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES. (13460)(1-click HTML)

(a) The board shall adopt reasonable rules that provide: (13461)

(1) minimum standards for personnel, staffing, case loads, programs, facilities, record keeping, equipment, and other aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services; (13462)

(2) a code of ethics for probation and detention officers and for the enforcement of that code; (13463)

(3) appropriate educational, preservice and in-service training, and certification standards for probation and detention officers or court-supervised community-based program personnel; (13464)

(4) subject to Subsection (d), minimum standards for public and private juvenile pre-adjudication secure detention facilities, public juvenile post-adjudication secure correctional facilities that are operated under the authority of a juvenile board or governmental unit, private juvenile post-adjudication secure correctional facilities operated under a contract with a governmental unit, except those facilities exempt from certification by Section 42.052(g), and nonsecure correctional facilities operated by or under contract with a governmental unit; (13465)

(5) minimum standards for juvenile justice alternative education programs created under Section 37.011, Education Code, in collaboration and conjunction with the Texas Education Agency, or its designee; and (13466)

(6) minimum standards for the operation of substance abuse facilities or programs that are juvenile justice facilities or juvenile justice programs, as defined by Section 261.405, Family Code. (13467)

(b) In adopting the rules, the board shall consider local information and evidence gathered through public review and comment. (13468)

(c) The department shall operate a statewide registry for all public and private juvenile pre-adjudication secure detention facilities and all public and private juvenile post-adjudication secure correctional facilities. (13469)

(c-1) In adopting rules under Subsection (a)(3), the board shall require probation officers, juvenile supervision officers, and court-supervised community-based program personnel to receive trauma-informed care training. The training must provide knowledge, in line with best practices, of how to interact with juveniles who have experienced traumatic events. (13470)

(d) In adopting rules under Subsection (a)(4), the board shall ensure that the minimum standards for facilities described by Subsection (a)(4) are designed to ensure that juveniles confined in those facilities are provided the rights, benefits, responsibilities, and privileges to which a juvenile is entitled under the United States Constitution, federal law, and the constitution and laws of this state. The minimum standards must include a humane physical and psychological environment, safe conditions of confinement, protection from harm, adequate rehabilitation and education, adequate medical and mental health treatment, and due process of law. (13471)

(e) A juvenile board that does not accept state aid funding from the department under Section 223.001 shall report to the department each month on a form provided by the department the same data as that required of counties accepting state aid funding regarding juvenile justice activities under the jurisdiction of the juvenile board. If the department makes available free software to a juvenile board for the automation and tracking of juveniles under the jurisdiction of the juvenile board, the department may require the monthly report to be provided in an electronic format adopted by rule by the board. (13472)

(f) A substance abuse facility or program operating under the standards adopted under this section is not required to be licensed or otherwise approved by any other state or local agency. (13473)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13474)

Amended by: (13475)

Acts 2013, 83rd Leg., R.S., Ch. 1351 (S.B. 1356), Sec. 1, eff. September 1, 2013. (13476)

Acts 2017, 85th Leg., R.S., Ch. 747 (S.B. 1314), Sec. 2, eff. September 1, 2017. (13477)

Sec. 221.003. RULES CONCERNING MENTAL HEALTH SCREENING INSTRUMENT AND RISK AND NEEDS ASSESSMENT INSTRUMENT; ADMISSIBILITY OF STATEMENTS. (13478)(1-click HTML)

(a) The board by rule shall require juvenile probation departments to use the mental health screening instrument selected by the department for the initial screening of children under the jurisdiction of probation departments who have been formally referred to a juvenile probation department. The department shall give priority to training in the use of this instrument in any preservice or in-service training that the department provides for probation officers. The rules adopted by the board under this section must allow a clinical assessment by a licensed mental health professional to be substituted for the mental health screening instrument selected by the department if the clinical assessment is performed in the time prescribed by the department. (13479)

(b) A juvenile probation department must, before the disposition of a child's case and using a validated risk and needs assessment instrument or process provided or approved by the department, complete a risk and needs assessment for each child under the jurisdiction of the juvenile probation department. (13480)

(b-1) Any risk and needs assessment instrument or process that is provided or approved by the department for a juvenile probation department to use under Subsection (b) must be a validated instrument or process. (13481)

(c) Any statement made by a child and any mental health data obtained from the child during the administration of the mental health screening instrument or the initial risk and needs assessment instruments under this section is not admissible against the child at any adjudication hearing. The person administering the mental health screening instrument or initial risk and needs assessment instruments shall inform the child that any statement made by the child and any mental health data obtained from the child during the administration of the instrument is not admissible against the child at any adjudication hearing. (13482)

(d) A juvenile probation department shall report data from the use of the screening instrument or clinical assessment under Subsection (a) and the risk and needs assessment under Subsection (b) to the department in the format and at the time prescribed by the department. (13483)

(e) The board shall adopt rules to ensure that youth in the juvenile justice system are assessed using the screening instrument or clinical assessment under Subsection (a) and the risk and needs assessment under Subsection (b). (13484)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13485)

Amended by: (13486)

Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 36, eff. September 1, 2013. (13487)

Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 5, eff. September 1, 2015. (13488)

Sec. 221.0035. BEST PRACTICES TO IDENTIFY AND ASSESS VICTIMS OF SEX TRAFFICKING. (13489)(1-click HTML)

(a) In this section, "sex trafficking" means an offense under Section 20A.02(a)(7), Penal Code. (13490)

(b) The department shall evaluate the practices and screening procedures used by juvenile probation departments for the early identification of juveniles who are victims of sex trafficking for the purpose of developing a recommended set of best practices that may be used by a juvenile probation department to improve the juvenile probation department's ability to identify a juvenile who is a victim of sex trafficking. (13491)

(c) Best practices may include: (13492)

(1) examining a juvenile's referral history, including whether the juvenile has a history of running away from home or has been adjudicated for previous offenses; (13493)

(2) making inquiries into a juvenile's history of sexual abuse; (13494)

(3) assessing a juvenile's need for services, including counseling through a rape crisis center or other counseling; and (13495)

(4) asking the juvenile a series of questions designed to determine whether the juvenile is at high risk of being a victim of sex trafficking. (13496)

Added by Acts 2013, 83rd Leg., R.S., Ch. 1351 (S.B. 1356), Sec. 2, eff. September 1, 2013. (13497)

Sec. 221.004. STANDARDS RELATING TO LOCAL PROBATION DEPARTMENTS. (13498)(1-click HTML)

(a) The board shall adopt rules that provide: (13499)

(1) standards for the collection and reporting of information about juvenile offenders by local probation departments; (13500)

(2) performance measures to determine the effectiveness of probation services provided by local probation departments; and (13501)

(3) case management standards for all probation services provided by local probation departments. (13502)

(b) The department shall monitor local probation departments for compliance with the standards and measures that the board adopts. (13503)

(c) The department shall provide technical assistance to local probation departments to aid compliance with the standards and measures that the board adopts. (13504)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13505)

Sec. 221.005. TRAINING AND ASSISTANCE TO LOCAL AUTHORITIES. (13506)(1-click HTML)

(a) The department shall provide educational training and technical assistance to counties, juvenile boards, and probation offices to: (13507)

(1) promote compliance with the standards required under this chapter; and (13508)

(2) assist the local authorities in improving the operation of probation, parole, and detention services. (13509)

(b) The department shall encourage compliance with educational service standards and rights prescribed by state or federal law by: (13510)

(1) facilitating interagency coordination and collaboration among juvenile probation departments, school districts, and the Texas Education Agency; and (13511)

(2) developing and supporting a plan to ensure continuity of educational services to juvenile offenders, including special educational services for juveniles with disabilities. (13512)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13513)

Sec. 221.006. VIOLENCE PREVENTION AND CONFLICT RESOLUTION TRAINING. (13514)(1-click HTML)

The department shall: (13515)

(1) provide training on request to juvenile probation departments and juvenile boards in violence prevention and conflict resolution programs that include discussion of domestic violence and child abuse issues; and (13516)

(2) encourage the inclusion of a violence prevention and conflict resolution program as a condition of probation. (13517)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13518)

Sec. 221.0061. TRAUMA-INFORMED CARE TRAINING. (13519)(1-click HTML)

The department shall provide trauma-informed care training during the preservice training the department provides for juvenile probation officers, juvenile supervision officers, juvenile correctional officers, and juvenile parole officers. The training must provide knowledge, in line with best practices, of how to interact with juveniles who have experienced traumatic events. (13520)

Added by Acts 2013, 83rd Leg., R.S., Ch. 1351 (S.B. 1356), Sec. 3, eff. September 1, 2013. (13521)

Sec. 221.007. JUVENILE BOARD RECORDS AND REPORTS. (13522)(1-click HTML)

Each juvenile board in the state shall: (13523)

(1) keep the financial, programmatic, and statistical records the department considers necessary; and (13524)

(2) submit periodic financial, programmatic, and statistical reports to the department as required by the department and in the format specified by the department, including electronic submission. (13525)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13526)

Sec. 221.0071. CHARTER SCHOOL. (13527)(1-click HTML)

(a) Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code, the commissioner of education may grant a charter on the application of a detention, correctional, or residential facility established only for juvenile offenders under Section 51.12, 51.125, or 51.126, Family Code, or an eligible entity that has entered into a contract with a facility described by this subsection. (13528)

(b) If a local detention, correctional, or residential facility described by Subsection (a) or an eligible entity that has entered into a contract with a facility described by Subsection (a) applies for a charter, the facility or the eligible entity must provide all educational opportunities and services, including special education instruction and related services, that a school district is required under state or federal law to provide for students residing in the district through a charter school operated in accordance with and subject to Subchapter D, Chapter 12, Education Code. (13529)

(c) The commissioner of education shall adopt a form and procedure to allow a detention, correctional, or residential facility described by Subsection (a) or an eligible entity that has entered into a contract with a facility described by Subsection (a) to apply for a charter. The application form and procedure must be comparable to the applicable requirements of Section 12.110, Education Code, and must include any requirements provided under Subchapter D, Chapter 12, Education Code. (13530)

(d) A charter school operating under a charter granted under this section is entitled to receive open-enrollment charter school funding under Chapter 42, Education Code, in the same manner as an open-enrollment charter school operating under Subchapter D, Chapter 12, Education Code. (13531)

(e) The commissioner of education shall adopt rules necessary to implement this section, including rules that modify the requirements for charter schools provided under Chapter 12, Education Code, as necessary to allow a charter school to operate in a detention, correctional, or residential facility described by Subsection (a). (13532)

(f) In this section, "eligible entity" has the meaning assigned by Section 12.101(a), Education Code. (13533)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13534)

Amended by: (13535)

Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 44, eff. September 1, 2013. (13536)

Acts 2017, 85th Leg., R.S., Ch. 418 (S.B. 1177), Sec. 1, eff. September 1, 2017. (13537)

Sec. 221.008. INSPECTIONS AND AUDITS. (13538)(1-click HTML)

(a) The department may inspect and evaluate a juvenile board and probation department and audit the juvenile board's financial, programmatic, and statistical records at reasonable times to determine compliance with the board's rules. (13539)

(b) The department may inspect any program or facility operated on behalf of and under the authority of the juvenile board by the probation department, a governmental entity, or private vendor. (13540)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13541)

Sec. 221.009. STRATEGIC PLAN; ADOPTION OF PLAN. (13542)(1-click HTML)

(a) The board shall develop a strategic plan. The plan must: (13543)

(1) identify short-term and long-term policy goals; (13544)

(2) identify time frames and strategies for meeting the goals identified under Subdivision (1); (13545)

(3) estimate population projections, including projections of population characteristics; (13546)

(4) estimate short-term and long-term capacity, programmatic, and funding needs; (13547)

(5) describe intensive service and surveillance parole pilot programs to be developed; (13548)

(6) include an evaluation of aftercare services emphasizing concrete outcome measures, including recidivism and educational progress; (13549)

(7) identify objective criteria for the various decision points throughout the continuum of juvenile justice services and sanctions to guard against disparate treatment of minority youth; (13550)

(8) identify outcome measures by which to evaluate the effectiveness of services provided to youth in the juvenile justice system; (13551)

(9) include a plan of implementation for the development of common data sources and data sharing among the department, juvenile probation departments, the Department of Family and Protective Services, the Department of State Health Services, the Health and Human Services Commission, the Texas Education Agency, and other state agencies that serve youth in the juvenile justice system; (13552)

(10) include the development of new, or the improvement of existing, validated risk assessment instruments; (13553)

(11) include strategies to determine which programs are most effective in rehabilitating youth in the juvenile justice system; (13554)

(12) include planning for effective aftercare programs and services, including ensuring that youth in the juvenile justice system have personal identification and appropriate referrals to service providers; and (13555)

(13) track performance measures to illustrate the costs of different levels of treatment and to identify the most cost-effective programs in each component of the juvenile justice system in this state. (13556)

(b) The board shall make its best effort to develop regularly updated performance measures of the effectiveness of programs and services on outcomes for youths, public safety, and victims, make those measures publicly available online, and use those measures in determining funding levels for programs and services. (13557)

(c) The board shall review and adopt the strategic plan as provided by Section 2056.002, Government Code. (13558)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13559)

Sec. 221.010. COMPLAINTS RELATING TO JUVENILE BOARDS. (13560)(1-click HTML)

(a) The department shall maintain a system to promptly and efficiently act on a complaint filed with the department relating to a juvenile board funded by the department. The department shall maintain information about parties to the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint. (13561)

(b) The department shall make information available describing the department's procedures for the investigation and resolution of a complaint filed with the department relating to a juvenile board funded by the department. (13562)

(c) The department shall investigate the allegations in the complaint and make a determination of whether there has been a violation of the department's rules relating to juvenile probation programs, services, or facilities. (13563)

(d) If a written complaint is filed with the department relating to a juvenile board funded by the department, the department shall periodically notify the complainant and the juvenile board of the status of the complaint until final disposition, unless notice would jeopardize an undercover investigation. (13564)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13565)

Sec. 221.011. INVESTIGATORS. (13566)(1-click HTML)

(a) The department may employ and commission investigators as peace officers for the purpose of investigating allegations of abuse, neglect, and exploitation in juvenile justice programs and facilities under Section 261.405, Family Code. (13567)

(b) Peace officers employed and commissioned under Subsection (a) must be certified by the Texas Commission on Law Enforcement under Chapter 1701, Occupations Code. (13568)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13569)

Amended by: (13570)

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.42, eff. May 18, 2013. (13571)

Sec. 221.012. ANNUAL REPORTS. (13572)(1-click HTML)

(a) The department shall report annually to the governor and the legislature on the department's operations and the condition of probation services in the state during the previous year. The report: (13573)

(1) may include recommendations; and (13574)

(2) must include: (13575)

(A) an evaluation of the effectiveness of the community-based programs operated under Section 54.0401, Family Code; and (13576)

(B) information comparing the cost of a child participating in a program described by Paragraph (A) with the cost of committing the child to the department. (13577)

(b) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(26), eff. September 1, 2013. (13578)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13579)

Amended by: (13580)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(26), eff. September 1, 2013. (13581)

SUBCHAPTER B. CONTRACT STANDARDS AND MONITORING (13582)(1-click HTML)
Sec. 221.051. CONTRACT STANDARDS. (13583)(1-click HTML)

(a) In each contract with counties for local probation services, the department shall include: (13584)

(1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives; (13585)

(2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and (13586)

(3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract. (13587)

(b) The department shall require each local juvenile probation department: (13588)

(1) to include the provisions of Subsection (a) in its contracts with private service providers that involve the use of state funds; and (13589)

(2) to use data relating to the performance of private service providers in prior contracts as a factor in selecting providers to receive contracts. (13590)

(c) The department shall consider the past performance of a juvenile board when contracting with the juvenile board for local probation services other than basic probation services. In addition to the contract standards described by Subsection (a), a contract with a juvenile board for probation services other than basic probation services must: (13591)

(1) include specific performance targets for the juvenile board based on the juvenile board's historic performance of the services; and (13592)

(2) require a juvenile board to report on the juvenile board's success in meeting the performance targets described by Subdivision (1). (13593)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13594)

Sec. 221.052. CONTRACT MONITORING. (13595)(1-click HTML)

The department shall establish a formal program to monitor contracts under Section 221.051 made by the department. The department must: (13596)

(1) monitor compliance with financial and performance requirements using a risk assessment methodology; and (13597)

(2) obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives. (13598)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13599)

Sec. 221.053. CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES. (13600)(1-click HTML)

(a) The only entities other than the state authorized to operate a correctional facility to house in this state juvenile inmates convicted of offenses committed against the laws of another state of the United States are: (13601)

(1) a county or municipality; and (13602)

(2) a private vendor operating a correctional facility under a contract with a county or municipality. (13603)

(b) The board shall develop rules, procedures, and minimum standards applicable to county or private correctional facilities housing out-of-state juvenile inmates. A contract made under Subsection (a) shall require the county, municipality, or private vendor to operate the facility in compliance with minimum standards adopted by the board. (13604)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13605)

Sec. 221.054. DATA COLLECTION. (13606)(1-click HTML)

(a) The department shall collect comprehensive data concerning the outcomes of local probation programs throughout the state. (13607)

(b) Data collected under Subsection (a) must include: (13608)

(1) a description of the types of programs and services offered by a juvenile probation department, including a description of the components of each program or service offered; and (13609)

(2) to the extent possible, the rate at which juveniles who enter or complete juvenile probation are later committed to the custody of the state. (13610)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13611)

Sec. 221.055. QUARTERLY REPORT ON ABUSE, NEGLECT, AND EXPLOITATION. (13612)(1-click HTML)

(a) The department shall prepare and deliver a quarterly report to the board concerning the final outcome of any complaint received under Section 261.405, Family Code, that concerns the abuse, neglect, or exploitation of a juvenile. The report must include a summary of the actions performed by the department and any applicable juvenile board or juvenile probation department in resolving the complaint. (13613)

(b) A report prepared under Subsection (a) is public information under Chapter 552, Government Code, only to the extent authorized by that chapter. (13614)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13615)

Sec. 221.056. RESIDENTIAL TREATMENT FACILITY. (13616)(1-click HTML)

(a) The department may contract with a local mental health and mental retardation authority for the establishment of a residential treatment facility for juveniles with mental illness or emotional injury who, as a condition of juvenile probation, are ordered by a court to reside at the facility and receive education services at the facility. The department may work in cooperation with the local mental health and mental retardation authority to provide mental health residential treatment services for juveniles residing at a facility established under this section. (13617)

(b) A residential treatment facility established under this section must provide juveniles receiving treatment at the facility: (13618)

(1) a short-term program of mental health stabilization that does not exceed 150 days in duration; and (13619)

(2) all educational opportunities and services, including special education instruction and related services, that a school district is required under state or federal law to provide for students residing in the district through a charter school operated in accordance with and subject to Subchapter D, Chapter 12, Education Code. (13620)

(c) If a residential treatment facility established under this section is unable to provide adequate and sufficient educational opportunities and services to juveniles residing at the facility, the facility may not continue to operate beyond the end of the school year in which the opportunities or services provided by the facility are determined to be inadequate or insufficient. (13621)

(d) Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code, the commissioner of education shall grant a charter on the application of a residential treatment facility established under this section for a school chartered for the purposes of this section. (13622)

Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13623)

Amended by: (13624)

Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 45, eff. September 1, 2013. (13625)

CHAPTER 222. STANDARDS FOR AND REGULATION OF CERTAIN OFFICERS AND EMPLOYEES (13626)(1-click HTML)
SUBCHAPTER A. STANDARDS FOR AND GENERAL REGULATION OF OFFICERS (13627)(1-click HTML)
Sec. 222.001. MINIMUM STANDARDS FOR PROBATION OFFICERS. (13628)(1-click HTML)

(a) To be eligible for appointment as a probation officer, a person who was not employed as a probation officer before September 1, 1981, must: (13629)

(1) be of good moral character; (13630)

(2) have acquired a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board; (13631)

(3) have either: (13632)

(A) one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the department; or (13633)

(B) one year of experience in full-time case work, counseling, or community or group work: (13634)

(i) in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons; and (13635)

(ii) that the department determines provides the kind of experience necessary to meet this requirement; (13636)

(4) have satisfactorily completed the course of preservice training or instruction and any continuing education required by the department; (13637)

(5) have passed the tests or examinations required by the department; and (13638)

(6) possess the level of certification required by the department. (13639)

(b) The board by rule may authorize the waiver of the requirement of a year of graduate study or full-time employment experience if the authority responsible for employing the officer establishes to the satisfaction of the department that, after a diligent search, the authority cannot locate a person meeting that requirement to fill a job opening. (13640)

(c) The board by rule may authorize the temporary employment of a person who has not completed a course of preservice training, passed the examination, or attained the required level of certification, contingent on the person meeting those requirements within the time specified by the board. (13641)

(d) A person must possess the level of training, experience, and certification required by the department to be eligible for employment in a probation office in a position supervising other probation officers. The department may require several levels of certification to reflect increasing levels of responsibility. A department rule relating to levels of certification does not affect the continued employment of a probation officer in a supervisory position if the person holds that position on the date on which the rule takes effect. (13642)

(e) The department may waive any certification requirement, except a fee requirement, for an applicant who has a valid certification from another state that has certification requirements that are substantially equivalent to the requirements in this state. (13643)

(f) The department may waive the degree accreditation requirement in Subsection (a)(2) if the applicant possesses a foreign or other degree that the department determines is the substantial equivalent of a bachelor's degree. The board shall adopt rules defining the procedures to be used to request a waiver of the accreditation requirement in Subsection (a)(2). (13644)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13645)

Sec. 222.002. MINIMUM STANDARDS FOR DETENTION OFFICERS. (13646)(1-click HTML)

To be eligible for appointment as a detention officer, a person who was not employed as a detention officer before September 1, 2005, must: (13647)

(1) be of good moral character; (13648)

(2) be at least 21 years of age; (13649)

(3) have acquired a high school diploma or its equivalent; (13650)

(4) have satisfactorily completed the course of preservice training or instruction required by the department; (13651)

(5) have passed the tests or examinations required by the department; and (13652)

(6) possess the level of certification required by the department. (13653)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13654)

Sec. 222.003. MINIMUM STANDARDS FOR CERTAIN EMPLOYEES OF NONSECURE CORRECTIONAL FACILITIES. (13655)(1-click HTML)

(a) The board by rule shall adopt certification standards for persons who are employed in nonsecure correctional facilities that accept juveniles and that are operated by or under contract with a governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code. (13656)

(b) The certification standards adopted under Subsection (a) must be substantially similar to the certification requirements for detention officers under Section 222.002. (13657)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13658)

Amended by: (13659)

Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 37, eff. September 1, 2013. (13660)

Sec. 222.004. PERSONS WHO MAY NOT ACT AS CHIEF ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (13661)(1-click HTML)

(a) A peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as a chief administrative, juvenile probation, or detention officer or be made responsible for supervising a juvenile on probation. (13662)

(b) For purposes of this section, a chief administrative officer, regardless of title, is the person who is: (13663)

(1) hired or appointed by or under contract with the juvenile board; and (13664)

(2) responsible for the oversight of the operations of the juvenile probation department or any juvenile justice program operated by or under the authority of the juvenile board. (13665)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13666)

Sec. 222.005. CARRYING OF FIREARM BY CERTAIN OFFICERS PROHIBITED. (13667)(1-click HTML)

(a) A juvenile probation, detention, or corrections officer may not carry a firearm in the course of the person's official duties. (13668)

(b) This section does not apply to: (13669)

(1) an employee of the department; or (13670)

(2) a juvenile probation officer authorized to carry a firearm under Section 142.006. (13671)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13672)

Sec. 222.006. PROBATION OFFICER: COUNTY EMPLOYEE. (13673)(1-click HTML)

A juvenile probation officer whose jurisdiction covers only one county is considered to be an employee of that county. (13674)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13675)

SUBCHAPTER B. CERTIFICATION AND EXAMINATION (13676)(1-click HTML)
Sec. 222.051. NOTICE OF CERTIFICATION EXAMINATION RESULTS. (13677)(1-click HTML)

(a) Except as provided by Subsection (b), the department shall notify each person taking a certification examination of the results of the examination not later than the 30th day after the date on which the examination is administered. (13678)

(b) The department shall notify a person taking an examination graded or reviewed by a national testing service of the results not later than the 14th day after the date on which the department receives the results from the testing service. (13679)

(c) If the notice of the examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before that 90th day. (13680)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13681)

Sec. 222.052. ANALYSIS OF EXAMINATION PERFORMANCE. (13682)(1-click HTML)

The department shall furnish a person who fails a certification test administered under this chapter with an analysis of the person's performance on the examination if the person requests the analysis in writing. (13683)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13684)

Sec. 222.053. REVOCATION OR SUSPENSION OF CERTIFICATION. (13685)(1-click HTML)

(a) The department may revoke or suspend a certification, or reprimand a certified officer: (13686)

(1) for a violation of this chapter or a department rule; or (13687)

(2) if, under Subsection (c), a panel determines that continued certification of the person threatens juveniles in the juvenile justice system. (13688)

(b) The department may place on probation a person whose certification is suspended. If the suspension is probated, the department may require the person to: (13689)

(1) report regularly to the department on matters that are the basis of the probation; and (13690)

(2) continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation. (13691)

(c) The executive director may convene, in person or telephonically, a panel of three board members to determine if a person's continued certification threatens juveniles in the juvenile justice system. If the panel determines that the person's continued certification threatens juveniles in the juvenile justice system, the person's license is temporarily suspended until an administrative hearing is held as soon as possible under Subsection (d). The executive director may convene a panel under this subsection only if the danger posed by the person's continued certification is imminent. The panel may hold a telephonic meeting only if immediate action is required and convening the panel at one location is inconvenient for any member of the panel. (13692)

(d) A person is entitled to a hearing before the State Office of Administrative Hearings if the department proposes to suspend or revoke the person's certification. (13693)

(e) A person may appeal a ruling or order issued under this section to a district court in the county in which the person resides or in Travis County. The standard of review is under the substantial evidence rule. (13694)

Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13695)

CHAPTER 223. STATE AID (13696)(1-click HTML)
Sec. 223.001. DETERMINATION OF AMOUNT OF STATE AID. (13697)(1-click HTML)

(a) The department shall annually allocate funds for financial assistance to juvenile boards to provide juvenile services according to current estimates of the number of juveniles in each county, a basic probation funding formula for departments that clearly defines what basic probation entails and which services are provided, and other factors the department determines are appropriate. (13698)

(b) The legislature may appropriate the amount of state aid necessary to supplement local funds to maintain and improve statewide juvenile services that comply with department standards and to initiate and support the regionalization plan under Section 203.017 so that savings are generated by decreases in the population of department facilities operated under Subtitle C. (13699)

(c) The department shall set aside a portion of the funds appropriated to the department for discretionary state aid to fund programs designed to address special needs or projects of local juvenile boards, including projects dedicated to specific target populations based on risk and needs, and with established recidivism reduction goals. The department shall develop discretionary grant funding protocols based on documented, data-driven, and research-based practices. (13700)

(d) The department shall reimburse counties for the placement of children in the regional specialized program at a rate that offers a savings to the state in relation to the average cost per day for confining a child in a department facility operated under Subtitle C. (13701)

(e) The department may not adversely impact the state aid for a juvenile board or a juvenile probation department that does not enter into a contract to serve youth from other counties, or does not act as a regional facility. (13702)

(f) A juvenile board or juvenile probation department may not be required to accept a child for placement in a post-adjudication correctional facility, unless the child is subject to an order issued by a juvenile court served by that board or department. (13703)

Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13704)

Amended by: (13705)

Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 6, eff. September 1, 2015. (13706)

Sec. 223.002. MAINTENANCE OF LOCAL FINANCIAL SUPPORT. (13707)(1-click HTML)

(a) To receive the full amount of state aid funds for which a juvenile board may be eligible, a juvenile board must demonstrate to the department's satisfaction that the amount of local or county funds budgeted for juvenile services is at least equal to the amount spent, excluding construction and capital outlay expenses, for those services in the 1994 county fiscal year. The department may waive this requirement only if the juvenile board demonstrates to the department that unusual, catastrophic, or exceptional circumstances existed during the relevant year to affect adversely the level of county funding. If the required amount of local funding is not budgeted and the department does not grant a waiver, the department shall reduce the allocation of state aid funds to the juvenile board by the amount equal to the amount that the county funding is below the required funding. (13708)

(b) For purposes of Subsection (a), the amount spent on juvenile detention and correctional facilities is included in determining the amount of local or county funds. The amount spent for construction or renovation is not included. (13709)

(c) The department must be satisfied at the end of each county fiscal year that the juvenile board actually spent local or county funds for juvenile services in the amount demonstrated to the department at the beginning of the fiscal year. (13710)

(d) The department may require a rebate of state aid, or withhold state aid to which the juvenile board would otherwise be entitled, as necessary to satisfy the requirement that a juvenile board spend funds as demonstrated. (13711)

Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13712)

Sec. 223.003. SPECIAL RULES FOR MULTI-COUNTY JURISDICTIONS. (13713)(1-click HTML)

If necessary, the board by rule may provide for: (13714)

(1) the payment of compensation, insurance, retirement, fringe benefits, and related matters to a juvenile probation officer whose jurisdiction covers more than one county; (13715)

(2) the centralization of administrative responsibility associated with the state aid program in a county included in a multi-county jurisdiction; and (13716)

(3) the application of Section 223.001 to a multi-county jurisdiction. (13717)

Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13718)

Sec. 223.004. PAYMENT OF STATE AID. (13719)(1-click HTML)

(a) When the department determines that a juvenile board complies with the department's standards, the department shall submit to the comptroller a voucher for payment to a juvenile board of the amount of state aid to which the board is entitled. (13720)

(b) The juvenile board's fiscal officer shall deposit all state aid received under this chapter in a special fund. The juvenile board may use the funds solely to provide juvenile probation services. (13721)

(c) A juvenile board receiving state aid under this chapter is subject to audit by: (13722)

(1) the Legislative Budget Board; (13723)

(2) the governor's budget, policy, and planning office; (13724)

(3) the state auditor; and (13725)

(4) the comptroller. (13726)

(d) A juvenile board receiving state aid under this chapter shall submit reports as required by the department. (13727)

Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13728)

Sec. 223.005. REFUSAL, REDUCTION, OR SUSPENSION OF STATE AID. (13729)(1-click HTML)

(a) The department may refuse, reduce, or suspend payment of state aid to: (13730)

(1) a juvenile board that fails to comply with the department's rules or fails to maintain local financial support; or (13731)

(2) a county that fails to comply with the minimum standards provided under Section 221.002(a)(4). (13732)

(b) The department shall provide for notice and a hearing in a case in which the department refuses, reduces, or suspends state aid. (13733)

Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13734)

Sec. 223.006. FUNDING AND CONSTRUCTION OF POST-ADJUDICATION FACILITIES. (13735)(1-click HTML)

(a) The department may provide state aid to a county to acquire, construct, and equip post-adjudication residential or day-treatment centers from money appropriated for those purposes. The facilities may be used for children who are placed on probation by a juvenile court under Section 54.04, Family Code, as an alternative to commitment to the facilities of the department. (13736)

(b) State funds provided to counties under Subsection (a) must be matched by local funds equal to at least one-fourth of the state funds. (13737)

(c) From money appropriated for construction of the facilities described by Subsection (a), the department shall contract with the Texas Department of Criminal Justice for construction management services, including: (13738)

(1) evaluation of project plans and specifications; and (13739)

(2) review and comment on the selection of architects and engineers, change orders, and sufficiency of project inspection. (13740)

(d) On completion of the review of project plans and specifications under Subsection (c), the Texas Department of Criminal Justice shall issue a comprehensive report that states in detail the proposed cost of the project. The department shall use the report in making a comparative evaluation of proposed projects and shall give priority to the projects the department finds are the most effective and economical. (13741)

(e) The department may not award money for a capital construction project for a facility under this section unless the department receives from the commissioners court of the county intending to use the facility a written commitment that the commissioners court has reviewed and accepted the conditions of the award. If more than one county intends to use the facility, the department must receive from each county a written commitment that the county will agree with the other counties to an interlocal contract to operate the facility in accordance with the conditions of the award. (13742)

(f) A county receiving state aid under this section shall adhere to department standards for the construction and operation of a post-adjudication secure residential facility. (13743)

(g) For a facility constructed under this section, not more than 25 percent of the operating costs of the facility may be reimbursed by the department. (13744)

(h) It is the intent of the legislature to appropriate the full amount of money authorized under Subsection (g). (13745)

(i) In this section, "operating costs" means the operating costs of a facility at an 80-percent occupancy rate. (13746)

Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011. (13747)

SUBTITLE C. SECURE FACILITIES (13748)(1-click HTML)

CHAPTER 241. GENERAL PROVISIONS (13749)(1-click HTML)
Sec. 241.001. COOPERATION OF OTHER AGENCIES. (13750)(1-click HTML)

To effectuate the purpose of this subtitle and to make maximum use of existing facilities and personnel, all departments and agencies of the state and all officers and employees of the state, when requested by the department, shall cooperate with the department in all activities consistent with their proper functions. (13751)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13752)

Sec. 241.0015. STRATEGIC PLAN. (13753)(1-click HTML)

The department shall biennially develop a strategic plan in the manner described by Section 221.009. (13754)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13755)

Sec. 241.002. NO FORFEITURE OF CERTAIN CIVIL RIGHTS. (13756)(1-click HTML)

Commitment of a child to the custody of the department does not disqualify the child in any future examination, appointment, or application for public service under the government of the state or of any political subdivision of the state. (13757)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13758)

Sec. 241.003. YOUTH DEVELOPMENT COUNCIL FUND. (13759)(1-click HTML)

The youth development council fund exists in the treasury as a special fund for the purposes provided by law. (13760)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13761)

Sec. 241.004. REQUEST FOR CERTAIN RECORDS. (13762)(1-click HTML)

For the purpose of offering a record as evidence in the punishment phase of a criminal proceeding, a prosecuting attorney may obtain the record of a defendant's adjudication that is admissible under Section 3(a), Article 37.07, Code of Criminal Procedure, by submitting a request for the record to the department. If the department has a record to which the prosecuting attorney is entitled under this section, the department shall furnish a copy of the record to the prosecuting attorney. Otherwise, the department shall notify the prosecuting attorney that the department does not have a record to which the attorney is entitled under this section. (13763)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13764)

Sec. 241.005. LIABILITY OF VOLUNTEERS. (13765)(1-click HTML)

(a) Except as provided by Subsection (b), a volunteer is not liable for damages arising from an act or omission that results in personal injury, death, or property damage if the act or omission is: (13766)

(1) in the course and scope of the volunteer's duties as a volunteer; and (13767)

(2) not intentional or grossly negligent. (13768)

(b) A volunteer is liable for personal injury, death, or property damage proximately caused by an act or omission related to the operation or use of any motor-driven equipment to the extent of the greater of: (13769)

(1) the amount of financial responsibility required for the motor-driven equipment, if any, under Chapter 601, Transportation Code; or (13770)

(2) the amount of any liability insurance coverage that applies to the act or omission. (13771)

(c) In this section, "volunteer" means an individual rendering services for or on behalf of the department who does not receive compensation in excess of reimbursement for expenses incurred. (13772)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13773)

Sec. 241.006. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. (13774)(1-click HTML)

For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a juvenile detention facility or other correctional facility operated by or under a contract with the department, a county, or a juvenile probation department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted. (13775)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13776)

Sec. 241.007. CERTAIN CRIMES CONCERNING THE DEPARTMENT. (13777)(1-click HTML)

(a) In this section, "special prosecution unit" means the special prosecution unit established under Subchapter E, Chapter 41, Government Code. (13778)

(b) As appropriate, the district attorney, criminal district attorney, or county attorney representing the state in criminal matters before the district or inferior courts of the county who would otherwise represent the state in the prosecution of an offense or delinquent conduct concerning the department and described by Article 104.003(a), Code of Criminal Procedure, may request that the special prosecution unit prosecute, or assist in the prosecution of, the offense or delinquent conduct. (13779)

(c) The office of inspector general operated under Subchapter C, Chapter 242, shall on a quarterly basis prepare and deliver to the board of directors of the special prosecution unit a report concerning: (13780)

(1) any alleged criminal offense or delinquent conduct concerning the department and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter; and (13781)

(2) the disposition of any case involving a criminal offense or delinquent conduct concerning the department and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter. (13782)

(d) Notwithstanding Subsection (c), the office of inspector general shall immediately provide the special prosecution unit with a report concerning an alleged criminal offense or delinquent conduct concerning the department and described by Article 104.003(a), Code of Criminal Procedure, if the chief inspector general reasonably believes the offense or conduct is particularly serious and egregious. (13783)

(e) The chief inspector general of the office of inspector general, at the direction of the board of directors of the special prosecution unit, shall notify the foreman of the appropriate grand jury, in the manner provided by Article 20.09, Code of Criminal Procedure, if: (13784)

(1) the chief inspector general receives credible evidence of illegal or improper conduct by department officers, employees, or contractors that the inspector general reasonably believes jeopardizes the health, safety, and welfare of children in the custody of the department; (13785)

(2) the chief inspector general reasonably believes the conduct: (13786)

(A) could constitute an offense under Article 104.003(a), Code of Criminal Procedure; and (13787)

(B) involves the alleged physical or sexual abuse of a child in the custody of a department facility or an investigation related to the alleged abuse; and (13788)

(3) the chief inspector general has reason to believe that information concerning the conduct has not previously been presented to the appropriate grand jury. (13789)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13790)

Sec. 241.008. DUTY TO FILE COMPLAINT WITH LAW ENFORCEMENT AGENCY. (13791)(1-click HTML)

If the executive director has reasonable cause to believe that a child in the custody of the department is the victim of a crime committed at a department facility operated under this subtitle, the executive director shall immediately file a complaint with the appropriate law enforcement agency. (13792)

Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011. (13793)

CHAPTER 242. OPERATION OF SECURE FACILITIES (13794)(1-click HTML)
SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS (13795)(1-click HTML)
Sec. 242.001. STUDY OF TREATMENT METHODS; STATISTICAL RECORDS. (13796)(1-click HTML)

(a) The department shall conduct continuing inquiry into the effectiveness of the treatment methods the department employs in the reformation of children. To this end, the department shall maintain a record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction of the department and shall tabulate, analyze, and publish biennially the data for use in evaluating the relative merits of treatment methods. (13797)

(b) The department shall cooperate with courts and private and public agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the dispositions made of them, and other information useful in determining the amount and causes of juvenile delinquency in this state. (13798)

Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (13799)

Sec. 242.002. EVALUATION OF TREATMENT PROGRAMS; AVAILABILITY. (13800)(1-click HTML)

(a) The department shall annually review the effectiveness of the department's programs for the rehabilitation and reestablishment in society of children committed to the department, including programs for sex offenders, capital offenders, children who are chemically dependent, emotionally disturbed children, and females. (13801)

(b) On or before December 31 of each even-numbered year, the department shall make a report on the effectiveness of the programs to the Legislative Budget Board. (13802)

(c) The department shall offer or make available programs described by Subsection (a) in an adequate manner so that a child in the custody of the department receives appropriate rehabilitation services recommended for the child by the court committing the child to the department. (13803)

(d) If the department is unable to offer or make available programs described by Subsection (a) in the manner provided by Subsection (c), the department shall, not later than December 31 of each even-numbered year, provide the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities with a report explaining: (13804)

  

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