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

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)

(1) which programs are not offered or are unavailable; and (13805)

(2) the reason the programs are not offered or are unavailable. (13806)

(e) The department shall periodically review, document, and compare the accessibility and funding of treatment programs provided to female children committed to the department to the accessibility and funding of treatment provided to male children committed to the department. (13807)

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. (13808)

Amended by: (13809)

Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 6, eff. September 1, 2013. (13810)

Sec. 242.003. POLICIES AND RULES. (13811)(1-click HTML)

(a) The board is responsible for the review and approval of all policies and shall make rules appropriate to the proper accomplishment of the department's functions. The board may delegate to the executive director the board's responsibility for the adoption of certain policies as appropriate for the proper accomplishment of the department's functions relating to state-operated facilities and the department's personnel. (13812)

(b) The board shall adopt rules for the government of the schools, facilities, and programs under the department's authority under this subtitle and shall see that the schools, facilities, and programs are conducted according to law and to the board's rules. (13813)

(c) The purpose of the rules and of all education, work, training, discipline, and recreation adopted under this section and of all other activities in the schools, facilities, and programs is to restore and increase the self-respect and self-reliance of the children under the authority of the department and to qualify those children for good citizenship and honorable employment. (13814)

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. (13815)

Sec. 242.004. EMPLOYEES. (13816)(1-click HTML)

(a) Within the limits specified by legislative appropriation, the department may employ and compensate personnel necessary to carry out the department's duties. (13817)

(b) Except as otherwise provided by this subchapter, an employee of the department is employed on an at-will basis. (13818)

(c) The department shall establish procedures and practices governing: (13819)

(1) employment-related grievances submitted by department employees; and (13820)

(2) disciplinary actions within the department, including a procedure allowing a department employee to elect to participate in an independent dismissal mediation if the employee is recommended for dismissal. (13821)

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. (13822)

Sec. 242.005. PROFESSIONAL INFORMATION FOR ADVISORY BOARD MEMBERS AND EMPLOYEES. (13823)(1-click HTML)

The executive director shall provide to members of any applicable advisory board and to department employees, as often as is necessary, information regarding qualifications for office or employment under this chapter and responsibilities under applicable laws relating to standards of conduct for state officers or employees. (13824)

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. (13825)

Sec. 242.006. INTRA-AGENCY CAREER LADDER PROGRAM. (13826)(1-click HTML)

The program shall require intra-agency posting of all positions concurrently with any public postings. (13827)

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. (13828)

Sec. 242.007. JOB PERFORMANCE EVALUATIONS. (13829)(1-click HTML)

The executive director shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for department employees must be based on the system established under this section. (13830)

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. (13831)

Sec. 242.008. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (13832)(1-click HTML)

(a) The executive director shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement shall include: (13833)

(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code; (13834)

(2) a comprehensive analysis of the department's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations; (13835)

(3) procedures by which a determination can be made about the extent of underuse in the department's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and (13836)

(4) reasonable methods to appropriately address those areas of underuse. (13837)

(b) A policy statement prepared under Subsection (a) must cover an annual period, be updated annually, be reviewed by the Texas Workforce Commission for compliance with Subsection (a)(1), and be filed with the governor's office. (13838)

(c) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature. (13839)

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. (13840)

Sec. 242.009. JUVENILE CORRECTIONAL OFFICERS; STAFFING. (13841)(1-click HTML)

(a) In this section, "juvenile correctional officer" means a department employee whose primary duties include the custodial supervision of children in the custody of the department. (13842)

(b) The department shall provide competency-based training to each juvenile correctional officer employed by the department, which must include on-the-job training. Each officer must complete at least 300 hours of training in the officer's first year of employment, with at least 240 hours of training before the officer independently commences the officer's duties at the facility. The officer must demonstrate competency in the trained subjects as required by the department. The training must provide the officer with information and instruction related to the officer's duties, including information and instruction concerning: (13843)

(1) the juvenile justice system of this state, including the juvenile correctional facility system; (13844)

(2) security procedures; (13845)

(3) the supervision of children committed to the department; (13846)

(4) signs of suicide risks and suicide precautions; (13847)

(5) signs and symptoms of the abuse, assault, neglect, and exploitation of a child, including sexual abuse, sexual assault, and human trafficking, and the manner in which to report the abuse, assault, neglect, or exploitation of a child; (13848)

(6) the neurological, physical, and psychological development of adolescents; (13849)

(7) department rules and regulations, including rules, regulations, and tactics concerning the use of force; (13850)

(8) appropriate restraint techniques; (13851)

(9) the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601, et seq.); (13852)

(10) the rights and responsibilities of children in the custody of the department; (13853)

(11) interpersonal relationship skills; (13854)

(12) the social and cultural lifestyles of children in the custody of the department; (13855)

(13) first aid and cardiopulmonary resuscitation; (13856)

(14) counseling techniques; (13857)

(15) conflict resolution and dispute mediation, including de-escalation techniques; (13858)

(16) behavior management; (13859)

(17) mental health issues; (13860)

(18) employee rights, employment discrimination, and sexual harassment; and (13861)

(19) trauma-informed care. (13862)

(c) The department may employ part-time juvenile correctional officers. A part-time juvenile correctional officer is subject to the training requirements of this section. (13863)

(d) In each correctional facility operated by the department that has a dormitory, including an open-bay dormitory, the department must maintain a ratio of not less than one juvenile correctional officer performing direct supervisory duties for every 12 persons committed to the facility. (13864)

(e) The department shall consider the age of a juvenile correctional officer or other department employee who performs direct supervisory duties when determining the placement of the officer or employee in a department facility so that, to the extent practicable, an officer or employee is not supervising a child who is not more than three years younger than the officer or employee or is otherwise a similar age to the officer or employee. (13865)

(f) The department shall rotate the assignment of each juvenile correctional officer at an interval determined by the department so that a juvenile correctional officer is not assigned to the same station for an extended period of time. (13866)

(g) The department shall ensure that at least one juvenile correctional officer is assigned to supervise in or near a classroom or other location in which children receive education services or training at the time the children are receiving the education services or training. (13867)

(h) The board shall adopt rules necessary to administer this section. (13868)

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. (13869)

Amended by: (13870)

Acts 2013, 83rd Leg., R.S., Ch. 1351 (S.B. 1356), Sec. 4, eff. September 1, 2013. (13871)

Acts 2015, 84th Leg., R.S., Ch. 773 (H.B. 2372), Sec. 1, eff. September 1, 2015. (13872)

Sec. 242.010. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (13873)(1-click HTML)

(a) In this section, "national criminal history record information" means criminal history record information obtained from the Department of Public Safety under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code. (13874)

(b) The department shall review the national criminal history record information, state criminal history record information maintained by the Department of Public Safety, and previous and current employment references of each person who: (13875)

(1) is an employee, volunteer, ombudsman, or advocate working for the department or working in a department facility or a facility under contract with the department; (13876)

(2) is a contractor or an employee or subcontractor of a contractor who has direct access to children in department facilities; (13877)

(3) provides direct delivery of services to children in the custody of the department; or (13878)

(4) has access to records in department facilities or offices. (13879)

(b-1) The department may review criminal history record information of: (13880)

(1) a person requesting visitation access to a department facility; or (13881)

(2) any person, as necessary to conduct an evaluation of the home under Section 245.051(a). (13882)

(b-2) The department may not deny visitation access to an immediate family member of a child committed to the department based solely on a review of criminal history record information under Subsection (b-1)(1). (13883)

(b-3) If visitation access is denied or limited based in part on a review of criminal history record information under Subsection (b-1)(1), the department shall retain the criminal history record information of the person for whom access is denied or limited until the child the person requested visitation access to is released from the department. (13884)

(c) To enable the department to conduct the review, the board shall adopt rules requiring a person described by Subsection (b) to electronically provide the Department of Public Safety with a complete set of the person's fingerprints in a form and of a quality acceptable to the Department of Public Safety and the Federal Bureau of Investigation. (13885)

(d) For each person described by Subsection (b), the department shall review on an annual basis the person's national criminal history record information. (13886)

(e) The department shall ensure that the system used to check state criminal history record information maintained by the Department of Public Safety is capable of providing real time arrest information. (13887)

(f) The board by rule may require a person described by Subsection (b) to pay a fee related to the first national criminal history record information review conducted under this section. The amount of the fee may not exceed the administrative costs incurred by the department in conducting the initial review, including the costs of obtaining the person's fingerprints. (13888)

(g) The board shall adopt rules necessary to administer this section. (13889)

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. (13890)

Amended by: (13891)

Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 7, eff. September 1, 2013. (13892)

Sec. 242.011. BIENNIAL BUDGET. (13893)(1-click HTML)

The executive director shall prepare a biennial budget of all funds necessary to be appropriated by the legislature to the department to carry out the purposes of this subtitle. The budget shall be submitted and filed by the executive director in the form and manner and within the time prescribed by law. (13894)

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. (13895)

SUBCHAPTER B. SECURE FACILITIES; SERVICES (13896)(1-click HTML)
Sec. 242.051. ADMINISTRATION OF INSTITUTIONS; CHARGE OF CHILDREN. (13897)(1-click HTML)

(a) The department shall: (13898)

(1) administer the training, diagnostic treatment, and supervisory facilities and services of the state for children committed to the department; and (13899)

(2) manage and direct all institutions and training school facilities under the authority of the department. (13900)

(b) The department shall have general charge of and be responsible for the welfare, custody, and rehabilitation of the children in a school, facility, or program operated or funded by the department. The department shall seek to establish relationships and to organize a way of life that will meet the spiritual, moral, physical, emotional, intellectual, and social needs of the children under the department's care as those needs would be met in an adequate home. (13901)

(c) The department shall see that the buildings and premises are kept in good sanitary condition. (13902)

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. (13903)

Sec. 242.052. BUILDINGS AND IMPROVEMENTS. (13904)(1-click HTML)

(a) The department may design, construct, equip, furnish, and maintain buildings and improvements at facilities under the department's jurisdiction. (13905)

(b) The department may employ architects or engineers, or both, to prepare plans and specifications and to supervise the construction and improvements described by Subsection (a). (13906)

(c) The board shall promulgate rules relating to the award of contracts for the construction of buildings and improvements. The rules shall provide for the award of contracts for the construction of buildings and improvements to the qualified bidder making the lowest and best bid. A construction contract may not be awarded for a sum in excess of the amount of funds available for the project. The department may reject any and all bids submitted. (13907)

(d) If a project is financed wholly or partly by federal funds, any standards required by the enabling federal statute or required by the rules of the administering federal agency control over this section. (13908)

(e) The department may employ professional, technical, and clerical personnel to carry out the design and construction functions required by this section. (13909)

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. (13910)

Sec. 242.053. USE OF EXISTING INSTITUTIONS AND AGENCIES. (13911)(1-click HTML)

(a) In carrying out the department's duties, the department may make use of law-enforcement, detention, supervisory, medical, educational, correctional, and other facilities, institutions, and agencies in the state. This section does not authorize the department to assume control of any other agency, institution, or facility in the state, or to require any agency, institution, or facility to serve the department in a manner inconsistent with the authority or function of the agency, institution, or facility or with any law or regulation governing the activity of the agency, institution, or facility. (13912)

(b) When funds are available for the purpose, the department may enter into agreements with appropriate public or private agencies for the separate care and treatment of persons subject to the control of the department. The department may not make use of any private institution or agency without its consent. The department shall make reasonable efforts to ensure that the expenditure of appropriations for the purchase of contract residential care for children, not including the purchase of care in foster family homes, be allocated to providers on a fixed monthly basis if that allocation is cost-effective and the number, type, needs, and conditions of the children to be served is reasonably constant. (13913)

(c) The department shall periodically inspect all public and private institutions and agencies whose facilities the department is using. Every public and private institution and agency shall allow the department reasonable opportunity to examine and consult with children who have been committed to the department and who are in the custody of the institution or agency. (13914)

(d) Placement of a child in, or the release of a child by, any institution not operated by the department does not terminate the authority of the department over the child. No child placed in an institution or under an agency by the department may be released by the institution or agency without the approval of the department. (13915)

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. (13916)

Sec. 242.054. HALFWAY HOUSE PROGRAM. (13917)(1-click HTML)

(a) The department may not develop a halfway house to be operated by the department if an appropriate private halfway house program is contractually available and the costs under the contract are less than the costs would be if the department provided the services. (13918)

(b) Before the department contracts for the development of a halfway house program, the department shall send prospective service providers a request for a proposal that identifies the program services desired, the population to be served, and potential locations for the program. The department shall select the service provider that submits the proposal that best meets the department's needs according to standards established by the department. If the department does not receive a proposal that meets its needs, the department may request funds from the legislature for the development of a halfway house to be operated by the department. (13919)

(c) This section does not apply to halfway houses operated by the department on September 1, 1987. (13920)

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. (13921)

Sec. 242.055. CRISIS INTERVENTION AND ASSESSMENT CENTERS. (13922)(1-click HTML)

The department may establish a children's crisis intervention and assessment center at a facility owned or operated by the department. The department may contract with another entity for the provision or use of services at the center. (13923)

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. (13924)

Sec. 242.056. ADVOCACY AND SUPPORT GROUPS. (13925)(1-click HTML)

(a) The department shall allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, the mentally ill, or victims of sexual assault to provide on-site information, support, and other services for children confined in department facilities. (13926)

(b) The department shall adopt security and privacy procedures for advocacy and support groups that provide on-site information, support, and other services under this section. The security and privacy procedures may not be designed to deny an advocacy or support group access to children confined in department facilities. (13927)

(c) The department shall adopt standards consistent with standards adopted by the Texas Department of Criminal Justice regarding the confidential correspondence of children confined in department facilities with external entities, including advocacy and support groups. (13928)

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. (13929)

Sec. 242.057. DEPARTMENT PROGRAMS. (13930)(1-click HTML)

(a) The department shall develop and use standards based on performance to evaluate and compare programs operated by the department. (13931)

(b) When practicable and feasible, the department shall provide specific performance standards for a program serving 10 or more children through an agreement entered into under Section 242.053. In the performance standards, the department shall include outcome measures for evaluating the quality of services provided under the agreement. (13932)

(c) For the purposes of comparison, the department shall use performance standards that are as consistent as practicable with those used to evaluate and compare programs operated by the department, that measure the benefits and cost-effectiveness of the respective programs, and that measure the average length of stay and rate of recidivism of the children in the program. (13933)

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. (13934)

Sec. 242.058. SERVICES FOR CHILDREN NOT COMMITTED TO THE DEPARTMENT. (13935)(1-click HTML)

The department may provide services to a child not committed to the department if the department contracts with a local juvenile probation department, the Health and Human Services Commission, or the Department of Family and Protective Services to provide services to the child. (13936)

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. (13937)

Sec. 242.059. ADDITIONAL FACILITIES; PAROLE SUPERVISION. (13938)(1-click HTML)

When funds are available, the department may: (13939)

(1) establish and operate places for detention and diagnosis of children committed to it; (13940)

(2) establish and operate additional treatment and training facilities, including forestry or parks-maintenance camps and ranches, necessary to classify and treat children committed to the department according to their needs; (13941)

(3) establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and (13942)

(4) assist in establishing training facilities and programs owned and operated by private individuals or organizations which agree to provide services to children committed to the department, including programs for children needing long-term residential care. (13943)

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. (13944)

Sec. 242.060. COMPUTATION OF DAILY COSTS OF FACILITY. (13945)(1-click HTML)

In computing the daily costs of a residential facility operated by the department, the department shall use a standard method that is: (13946)

(1) consistent with methods used by other state agencies; and (13947)

(2) designed to reflect the actual cost to the state of operating the facility. (13948)

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. (13949)

Sec. 242.061. REFERRALS FROM FEDERAL COURT. (13950)(1-click HTML)

The department may enter into agreements with the federal government to accept children from the federal court for an agreed compensation. (13951)

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. (13952)

Sec. 242.062. SPECIAL ACCOUNTS. (13953)(1-click HTML)

(a) Proceeds from the operation of canteens and vending machines at facilities under the jurisdiction of the department shall be deposited to the credit of a special account in the General Revenue Fund called the canteen revolving fund. The proceeds shall be used to pay the actual expenses of maintaining and operating the canteens and vending machines. (13954)

(b) Proceeds in excess of the amount required for the expenses described by Subsection (a), donations for student activities, and proceeds from children's fundraising projects shall be deposited to the credit of a special account in the General Revenue Fund called the student benefit fund and may be used only to: (13955)

(1) provide education, recreation, and entertainment to children committed to the department; or (13956)

(2) reimburse children committed to the department for personal property lost or damaged as a result of negligence by the staff of the department. (13957)

(c) Proceeds from shop projects at the facilities under the department's jurisdiction shall be deposited to the credit of a special account in the General Revenue Fund called the vocational shop fund and may be used only to: (13958)

(1) purchase and maintain parts, tools, and other supplies necessary for the shop projects; and (13959)

(2) compensate the students who participate in the projects. (13960)

(d) Registration fees from seminars and conferences conducted by the department shall be deposited to the credit of a special account in the General Revenue Fund called the conference account and may be used only to pay the costs of conducting seminars and conferences. (13961)

(e) Money in the special accounts described by this section is appropriated for the purposes indicated in this section and shall be expended on warrants drawn by the comptroller on the order of the department. (13962)

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. (13963)

Sec. 242.063. STUDENT TRUST FUND; CONTRABAND MONEY. (13964)(1-click HTML)

(a) Except as provided by Subsection (b), money belonging to a child committed to the department in excess of the amount the department allows in a child's possession shall be deposited in a trust fund established by the facility operated by the department to which the child is assigned. The board shall adopt rules governing the administration of the trust fund. (13965)

(b) Money possessed by a child committed to the department that is determined to be contraband money as defined by department rule shall be deposited in the student benefit fund described by Section 242.062(b). The department shall notify each child committed to the department that the possession of contraband money is subject to confiscation by the department under this subsection. (13966)

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. (13967)

Sec. 242.064. DEBIT CARD SUSPENSE ACCOUNTS. (13968)(1-click HTML)

(a) The department may establish debit card suspense accounts necessary to operate magnetic debit card systems at facilities under the jurisdiction of the department to enable the students, employees, and visitors to make purchases of: (13969)

(1) merchandise from vending machines or canteens within the facilities; (13970)

(2) meals from cafeterias within the facilities; and (13971)

(3) services that the facilities are authorized to provide. (13972)

(b) Cash received from cash-to-card machines and amounts electronically transferred for card use from the students' trust fund accounts shall be deposited to debit card suspense accounts in local depositories and held pending card purchases. (13973)

(c) Transfers of cash based on card use for purchases of merchandise or services shall be made from the debit card suspense accounts to the appropriate vendors and to accounts in the state treasury in accordance with laws governing receipt of state revenues. (13974)

(d) Unused debit card balances shall be refunded to the card holders from the debit card suspense accounts. (13975)

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. (13976)

Sec. 242.065. RELIGIOUS TRAINING. (13977)(1-click HTML)

The department shall provide for the religious and spiritual training of children in its custody according to the children's individual choices. (13978)

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. (13979)

Sec. 242.066. EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT CERTAIN DEPARTMENT FACILITIES. (13980)(1-click HTML)

The department shall ensure that a chaplain is employed or formally designated for each department correctional facility that is an institution. (13981)

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. (13982)

Sec. 242.067. VIOLENCE PREVENTION AND CONFLICT RESOLUTION EDUCATION. (13983)(1-click HTML)

The department shall provide education in violence prevention and conflict resolution that includes discussion of domestic violence and child abuse issues to all children in its custody. (13984)

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. (13985)

Sec. 242.068. FIRE PROTECTION ACTIVITIES. (13986)(1-click HTML)

(a) The department may perform fire protection, fire prevention, and fire suppression activities at department facilities. (13987)

(b) The department may prescribe circumstances under which, for the benefit of the public safety and welfare, department employees using department equipment may assist municipal or volunteer fire departments in the performance of fire protection, fire prevention, or fire suppression activities near department facilities. (13988)

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. (13989)

Sec. 242.069. CLIENT SERVICE CONTRACT STANDARDS. (13990)(1-click HTML)

In each contract for the purchase of residential program-related client services, the department shall include: (13991)

(1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives; (13992)

(2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and (13993)

(3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract. (13994)

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. (13995)

Sec. 242.070. CONTRACT MONITORING. (13996)(1-click HTML)

The department shall establish a formal program to monitor residential program-related client services contracts made by the department. The department must: (13997)

(1) monitor compliance with financial and performance requirements using a risk assessment methodology; and (13998)

(2) obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives. (13999)

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. (14000)

Sec. 242.071. SALE OR LICENSE OF TREATMENT PROGRAMS. (14001)(1-click HTML)

(a) The department may sell or license to an individual or a private or public entity the right to use a treatment program developed by the department. (14002)

(b) Proceeds from the sale or license of a treatment program shall be deposited to the credit of the fund that provided the money to finance the development of the treatment program. (14003)

(c) At the end of each fiscal year, any unexpended proceeds from the sale or license of a treatment program shall be carried over to the next fiscal year to the credit of the fund that provided the money to finance the development of the treatment program. (14004)

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. (14005)

SUBCHAPTER C. ABUSE OR CRIMES COMMITTED AT DEPARTMENT FACILITIES OR BY DEPARTMENT EMPLOYEES (14006)(1-click HTML)
Sec. 242.101. ZERO-TOLERANCE POLICY. (14007)(1-click HTML)

(a) The department shall adopt and enforce a zero-tolerance policy concerning the detection, prevention, and punishment of the sexual abuse, including consensual sexual contact, of children in the custody of the department. (14008)

(b) The department shall establish standards for reporting and collecting data on the sexual abuse of children in the custody of the department. (14009)

(c) The department shall establish a procedure for children in the custody of the department and department employees to report incidents of sexual abuse involving a child in the custody of the department. The procedure must designate a person employed at the department facility in which the abuse is alleged to have occurred as well as a person who is employed at the department's headquarters to whom a person may report an incident of sexual abuse. (14010)

(d) The department shall prominently display the following notice in the office of the chief administrator of each department facility, the employees' break room of each department facility, the cafeteria of each department facility, and at least six additional locations in each department facility: (14011)

THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF A CHILD IN THE CUSTODY OF THE DEPARTMENT. ANY SUCH VIOLATION MUST BE REPORTED TO __________. (14012)

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. (14013)

Sec. 242.102. OFFICE OF INSPECTOR GENERAL. (14014)(1-click HTML)

(a) The office of inspector general is established at the department under the direction of the board for the purpose of investigating: (14015)

(1) crimes committed by department employees, including parole officers employed by or under a contract with the department; and (14016)

(2) crimes and delinquent conduct committed at a facility operated by the department, a residential facility operated by another entity under a contract with the department, or any facility in which a child committed to the custody of the department is housed or receives medical or mental health treatment. (14017)

(b) The office of inspector general shall prepare and deliver a report concerning the results of any investigation conducted under this section to: (14018)

(1) the board; (14019)

(2) the executive director; (14020)

(3) any applicable advisory board; (14021)

(4) the governor; (14022)

(5) the lieutenant governor; (14023)

(6) the speaker of the house of representatives; (14024)

(7) the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities; (14025)

(8) the special prosecution unit; (14026)

(9) the state auditor; and (14027)

(10) any other appropriate state agency responsible for licensing or certifying department employees or facilities. (14028)

(c) The report prepared under Subsection (b) must include a summary of the actions performed by the office of inspector general in conducting the investigation, a statement of whether the investigation resulted in a finding that a criminal offense or delinquent conduct occurred, and a description of the finding. The report is public information under Chapter 552, Government Code, only to the extent authorized under that chapter and other law. (14029)

(d) The office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure. (14030)

(e) Peace officers employed and commissioned under Subsection (d) must: (14031)

(1) be certified by the Texas Commission on Law Enforcement under Chapter 1701, Occupations Code; and (14032)

(2) complete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (d) as part of any continuing education requirements for the peace officers. (14033)

(f) The board shall select a commissioned peace officer as chief inspector general. The chief inspector general: (14034)

(1) operates directly under the authority of the board; (14035)

(2) is subject to the requirements of this section; and (14036)

(3) may only be discharged by the board for cause. (14037)

(g) The chief inspector general shall on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to: (14038)

(1) the board; (14039)

(2) the executive director; (14040)

(3) any applicable advisory board; (14041)

(4) the governor; (14042)

(5) the lieutenant governor; (14043)

(6) the speaker of the house of representatives; (14044)

(7) the standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities; (14045)

(8) the state auditor; and (14046)

(9) the comptroller. (14047)

(h) A report prepared under Subsection (g) is public information under Chapter 552, Government Code, to the extent authorized under that chapter and other law, and the department shall publish the report on the department's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to: (14048)

(1) the types of investigations conducted by the office of inspector general, such as whether an investigation concerned narcotics or an alleged incident of sexual abuse; (14049)

(2) the relationship of a victim to a perpetrator, if applicable; and (14050)

(3) the number of investigations conducted concerning suicides, deaths, and hospitalizations of children in the custody of the department. (14051)

(i) The office of inspector general shall immediately report to the board, the governor's general counsel, and the state auditor: (14052)

(1) any particularly serious or flagrant problem concerning the administration of a department program or operation; or (14053)

(2) any interference by the executive director, an employee of the department, a facility described by Subsection (a)(2), or an officer or employee of a facility described by Subsection (a)(2) with an investigation conducted by the office. (14054)

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. (14055)

Amended by: (14056)

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.43, eff. May 18, 2013. (14057)

Sec. 242.103. DETECTION AND MONITORING OF CELLULAR TELEPHONES. (14058)(1-click HTML)

(14059)

Text of subsection effective until January 01, 2019 (14060)

(a) The department may own and the office of the inspector general may possess, install, operate, or monitor an electronic, mechanical, or other device, as defined by Article 18.20, Code of Criminal Procedure. (14061)

Text of subsection effective on January 01, 2019 (14062)

(a) The department may own and the office of the inspector general may possess, install, operate, or monitor an interception device, as defined by Article 18A.001, Code of Criminal Procedure. (14063)

Text of subsection effective until January 01, 2019 (14064)

(b) The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor electronic, mechanical, or other devices for the department. (14065)

Text of subsection effective on January 01, 2019 (14066)

(b) The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor interception devices for the department. (14067)

(c) An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person: (14068)

(1) is designated by the executive director for that purpose; and (14069)

(2) acts in the presence and under the direction of a commissioned officer of the inspector general. (14070)

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. (14071)

Amended by: (14072)

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.16, eff. January 1, 2019. (14073)

CHAPTER 243. ADMISSION AND COMMITMENT; ESCAPE (14074)(1-click HTML)
SUBCHAPTER A. ADMISSION AND COMMITMENT (14075)(1-click HTML)
Sec. 243.001. PLACEMENT IN DEPARTMENT FACILITIES. (14076)(1-click HTML)

(a) The department may not assign a child younger than 15 years of age to the same correctional facility dormitory as a person who is at least 17 years of age unless the department determines that the placement is necessary to ensure the safety of children in the custody of the department. This subsection does not apply to a dormitory that is used exclusively for short-term assessment and orientation purposes. (14077)

(b) The board by rule shall adopt scheduling, housing, and placement procedures for the purpose of protecting vulnerable children in the custody of the department. The procedures must address the age, physical condition, and treatment needs of a child as well as any other relevant factor. (14078)

(c) The department shall consider the proximity of the residence of a child's family in determining the appropriate department facility in which to place a child. (14079)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14080)

Sec. 243.002. ESTABLISHMENT OF MINIMUM LENGTH OF STAY. (14081)(1-click HTML)

(a) The department shall establish a minimum length of stay for each child committed to the department without a determinate sentence. (14082)

(b) In establishing a minimum length of stay for a child, the department shall consider: (14083)

(1) the nature of and seriousness of the conduct engaged in by the child; and (14084)

(2) the danger the child poses to the community. (14085)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14086)

Sec. 243.003. CONVEYANCE OF CHILD TO DEPARTMENT. (14087)(1-click HTML)

(a) When a child is to be conveyed to a facility designated by the department, the juvenile court shall assign an officer or other suitable person to accompany the child. The person assigned to accompany a female must be a woman. (14088)

(b) The cost of conveying the child shall be paid by the county from which the child is committed, except that no compensation shall be allowed other than for the actual and necessary expenses of the child and the person accompanying the child. (14089)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14090)

Sec. 243.004. NOTIFICATION AND DUTY TO FURNISH INFORMATION. (14091)(1-click HTML)

(a) When a juvenile court commits a child to the department, the court shall forward to the department a certified copy of the order of commitment. (14092)

(b) The court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession regarding the case. (14093)

(c) If requested by the department, the reports required by this section shall be made on forms furnished by the department or according to an outline furnished by the department. (14094)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14095)

Sec. 243.005. INFORMATION PROVIDED BY COMMITTING COURT. (14096)(1-click HTML)

In addition to the information provided under Section 243.004, a court that commits a child to the department shall provide the department with a copy of the following documents: (14097)

(1) the petition and the adjudication and disposition orders for the child, including the child's thumbprint; (14098)

(2) if the commitment is a result of revocation of probation, a copy of the conditions of probation and the revocation order; (14099)

(3) the social history report for the child; (14100)

(4) any psychological or psychiatric reports concerning the child; (14101)

(5) the contact information sheet for the child's parents or guardian; (14102)

(6) any law enforcement incident reports concerning the offense for which the child is committed; (14103)

(7) any sex offender registration information concerning the child; (14104)

(8) any juvenile probation department progress reports concerning the child; (14105)

(9) any assessment documents concerning the child; (14106)

(10) the computerized referral and case history for the child, including case disposition; (14107)

(11) the child's birth certificate; (14108)

(12) the child's social security number or social security card, if available; (14109)

(13) the name, address, and telephone number of the court administrator in the committing county; (14110)

(14) Title IV-E eligibility screening information for the child, if available; (14111)

(15) the address in the committing county for forwarding funds collected to which the committing county is entitled; (14112)

(16) any of the child's school or immunization records that the committing county possesses; (14113)

(17) any victim information concerning the case for which the child is committed; (14114)

(18) any of the child's pertinent medical records that the committing court possesses; (14115)

(19) the Texas Juvenile Justice Department standard assessment tool results for the child; (14116)

(20) the Department of Public Safety CR-43J form or tracking incident number concerning the child; and (14117)

(21) documentation that the committing court has required the child to provide a DNA sample to the Department of Public Safety. (14118)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14119)

Amended by: (14120)

Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 38, eff. September 1, 2013. (14121)

Sec. 243.006. COMMITMENT RECORDS. (14122)(1-click HTML)

A commitment to the department may not be received in evidence or used in any way in any proceedings in any court except in: (14123)

(1) subsequent proceedings under Title 3 of the Family Code against the same child; (14124)

(2) imposing sentence in any criminal proceedings against the same person; or (14125)

(3) subsequent civil commitment proceedings under Chapter 841, Health and Safety Code, regarding the same person. (14126)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14127)

Sec. 243.007. INFORMATION PROVIDED TO COMMITTING COURT. (14128)(1-click HTML)

(a) If a court that commits a child to the department requests, in the commitment order, that the department keep the court informed of the progress the child is making while committed to the department, the department shall provide the court with periodic updates on the child's progress. (14129)

(b) A report provided under Subsection (a) may include any information the department determines to be relevant in evaluating the child's progress, including, as applicable, information concerning the child's treatment, education, and health. (14130)

(c) A report provided under this section may not include information that is protected from disclosure under state or federal law. (14131)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14132)

Sec. 243.008. INFORMATION CONCERNING FOSTER CARE HISTORY. (14133)(1-click HTML)

(a) In this section, "foster care" means the placement of a child in the conservatorship of a state agency responsible for providing child protective services. (14134)

(b) The department, during the admission process, shall determine whether a child committed to the department has at any time been in foster care. The department shall record the following on the child's intake form: (14135)

(1) whether the child is currently in foster care; and (14136)

(2) if applicable, the number of times the child has previously been placed in foster care. (14137)

(c) The Department of Family and Protective Services shall, not later than the 14th day after receiving a request from a local juvenile probation department, provide the following information regarding a child in the custody of the probation department: (14138)

(1) whether the child is currently or has been in foster care; and (14139)

(2) if applicable, the number of times the child has previously been placed in foster care. (14140)

(d) The department, the Department of Family and Protective Services, and local juvenile probation departments shall collaborate to create a method or methods by which probation departments statewide may access information from the Department of Family and Protective Services relating to a child's placement in foster care. Not later than March 1, 2018, the department shall submit a report containing the method or methods created under this subsection to each member of the legislature and each standing committee of the legislature having primary jurisdiction over the department. This subsection expires April 1, 2018. (14141)

(e) Not later than January 31 of each even-numbered year, the department shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee having primary jurisdiction over the department. The report must summarize statistical information concerning the total number and percentage of children in the custody of the department during the preceding two years who have at any time been in foster care. (14142)

Added by Acts 2017, 85th Leg., R.S., Ch. 246 (H.B. 932), Sec. 1, eff. September 1, 2017. (14143)

SUBCHAPTER B. ESCAPE AND VIOLATION OF RELEASE CONDITIONS (14144)(1-click HTML)
Sec. 243.051. APPREHENSION AFTER ESCAPE OR VIOLATION OF RELEASE CONDITIONS. (14145)(1-click HTML)

(a) If a child who has been committed to the department and placed by the department in any institution or facility has escaped or has been released under supervision and broken the conditions of release: (14146)

(1) a sheriff, deputy sheriff, constable, or police officer may, without a warrant, arrest the child; or (14147)

(2) a department employee designated by the executive director may, without a warrant or other order, take the child into the custody of the department. (14148)

(b) A child who is arrested or taken into custody under Subsection (a) may be detained in any suitable place, including an adult jail facility if the person is 17 years of age or older, until the child is returned to the custody of the department or transported to a department facility. (14149)

(c) Notwithstanding Section 58.005, Family Code, the department may disseminate to the public the following information relating to a child who has escaped from custody: (14150)

(1) the child's name, including other names by which the child is known; (14151)

(2) the child's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (14152)

(3) a photograph of the child; and (14153)

(4) if necessary to protect the welfare of the community, any other information that reveals dangerous propensities of the child or expedites the apprehension of the child. (14154)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14155)

Sec. 243.052. APPREHENSION SPECIALISTS. (14156)(1-click HTML)

(a) The department may employ and commission apprehension specialists as peace officers for the purpose of apprehending a child under Section 243.051. (14157)

(b) Peace officers employed and commissioned under Subsection (a) must be certified by the Texas Commission on Law Enforcement under Chapter 1701, Occupations Code. (14158)

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14159)

Amended by: (14160)

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.44, eff. May 18, 2013. (14161)

CHAPTER 244. CARE AND TREATMENT OF CHILDREN (14162)(1-click HTML)
SUBCHAPTER A. GENERAL CARE AND TREATMENT OF CHILDREN (14163)(1-click HTML)
Sec. 244.001. INITIAL EXAMINATION. (14164)(1-click HTML)

(a) The department shall examine and make a study of each child committed to it within three business days after commitment. The study shall be made according to rules established by the board and shall include: (14165)

(1) long-term and specialized treatment planning for the child; and (14166)

(2) consideration of the child's: (14167)

(A) medical history; (14168)

(B) substance abuse; (14169)

(C) treatment history; (14170)

(D) psychiatric history; (14171)

(E) sex offender history; and (14172)

(F) violent offense history. (14173)

(a-1) As soon as possible, the department shall develop a written treatment plan for the child which outlines the specialized treatment needs identified by the study described by Subsection (a), makes recommendations for meeting the child's specialized treatment needs, and makes an individually tailored statement of treatment goals, objectives, and timelines. (14174)

(b) For a child for whom a minimum length of stay is established under Section 243.002 of one year or longer, the initial examination must include a comprehensive psychiatric evaluation unless the department had received the results of a comprehensive evaluation of the child conducted not more than 90 days before the date of the initial examination. (14175)

(c) The department shall administer comprehensive psychological assessments to a child as part of the child's initial examination, including assessments designed to identify whether a child is in need of a psychiatric evaluation. If the results of a child's psychological assessments indicate that the child is in need of a psychiatric evaluation, the department shall as soon as practicable conduct a psychiatric evaluation of the child. (14176)

(d) The board shall establish rules for the periodic review and reevaluation of the written treatment plan as described by Subsection (a-1). (14177)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14178)

Sec. 244.002. REEXAMINATION. (14179)(1-click HTML)

(a) The department shall periodically reexamine each child under its control, except those on release under supervision or in foster homes, for the purpose of determining whether a rehabilitation plan made by the department concerning the child should be modified or continued. (14180)

(b) The reexamination must include a study of all current circumstances of a child's personal and family situation and an evaluation of the progress made by the child since the child's last examination. (14181)

(c) The reexamination of a child may be made as frequently as the department considers necessary, but shall be made at intervals not exceeding six months. (14182)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14183)

Sec. 244.003. RECORDS OF EXAMINATIONS AND TREATMENT. (14184)(1-click HTML)

(a) The department shall keep written records of all examinations and conclusions based on them and of all orders concerning the disposition or treatment of each child subject to its control. (14185)

Text of subsection effective until January 01, 2019 (14186)

(b) Except as provided by Section 243.051(c), these records and all other information concerning a child, including personally identifiable information, are not public and are available only according to the provisions of Section 58.005, Family Code, Section 244.051, and Chapter 61, Code of Criminal Procedure. (14187)

Text of subsection effective on January 01, 2019 (14188)

(b) Except as provided by Section 243.051(c), these records and all other information concerning a child, including personally identifiable information, are not public and are available only according to the provisions of Section 58.005, Family Code, Section 244.051 of this code, and Chapter 67, Code of Criminal Procedure. (14189)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14190)

Amended by: (14191)

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.14, eff. January 1, 2019. (14192)

Sec. 244.004. FAILURE TO EXAMINE OR REEXAMINE. (14193)(1-click HTML)

(a) Failure of the department to examine or reexamine a child as required by this subchapter does not entitle the child to be discharged from the control of the department, but the child may petition the committing court for discharge. (14194)

(b) After due notice to the department, the committing court shall discharge the child from the control of the department unless the department satisfies the court that further control is necessary. (14195)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14196)

Sec. 244.005. DETERMINATION OF TREATMENT. (14197)(1-click HTML)

When a child has been committed to the department, the department may: (14198)

(1) permit the child liberty under supervision and on conditions the department believes conducive to acceptable behavior; (14199)

(2) order the child's confinement under conditions the department believes best designed for the child's welfare and the interests of the public; (14200)

(3) order reconfinement or renewed release as often as conditions indicate to be desirable; (14201)

(4) revoke or modify any order of the department affecting a child, except an order of final discharge, as often as conditions indicate; or (14202)

(5) discharge the child from control when the department is satisfied that discharge will best serve the child's welfare and the protection of the public. (14203)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14204)

Sec. 244.006. TYPE OF TREATMENT PERMITTED. (14205)(1-click HTML)

(a) As a means of correcting the socially harmful tendencies of a child committed to the department, the department may: (14206)

(1) require the child to participate in moral, academic, vocational, physical, and correctional training and activities; (14207)

(2) require the modes of life and conduct that seem best adapted to fit the child for return to full liberty without danger to the public; (14208)

(3) provide any medical or psychiatric treatment that is necessary; and (14209)

(4) place physically fit children in parks-maintenance camps, forestry camps, or ranches owned by the state or the United States and require the performance of suitable conservation and maintenance work. (14210)

(b) The dominant purpose of placing children in camps is to benefit and rehabilitate the children rather than to make the camps self-sustaining. Children placed in camps may not be exploited. (14211)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14212)

Sec. 244.007. FAMILY PROGRAMS. (14213)(1-click HTML)

The department shall develop programs that encourage family involvement in the rehabilitation of the child. (14214)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14215)

Sec. 244.0075. RESTRAINT OF PREGNANT JUVENILE. (14216)(1-click HTML)

(a) The department may not use restraints to control the movement of a pregnant child who is committed to the department at any time during which the child is in labor or delivery or recovering from delivery, unless the executive director or executive director's designee determines that the use of restraints is necessary to: (14217)

(1) ensure the safety and security of the child or her infant, department or medical personnel, or any member of the public; or (14218)

(2) prevent a substantial risk that the child will attempt escape. (14219)

(b) If a determination to use restraints is made under Subsection (a), the type of restraint used and the manner in which the restraint is used must be the least restrictive available under the circumstances to ensure safety and security or to prevent escape. (14220)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14221)

Sec. 244.008. INFANT CARE AND PARENTING PROGRAM. (14222)(1-click HTML)

(a) In this section, "child" means the child of a person who is committed to the department. (14223)

(b) The department may establish child care and parenting programs for persons committed to the department who are parents. (14224)

(c) The department may permit a mother to have possession of her child in a residential program that has an infant care and parenting program or to have possession of her child in a department-funded independent living residence for up to six months if: (14225)

(1) the child's father or another relative or guardian of the child agrees in advance of the child's placement with the child's mother to assume possession of the child immediately upon notice by the department to do so; (14226)

(2) the child's parents and any other person having a duty of support acknowledge that by permitting the mother to have possession of the child while the mother is confined in a residential facility or placed in an independent living residence, the department assumes no responsibility for the child's care beyond the responsibility of care that is ordinarily due the child's mother and the reasonable accommodations that are necessary for the mother's care of her child; (14227)

(3) the child's parents and any other person having a duty of support agree to indemnify and hold the department harmless from any claims that may be made against the department for the child's support, including medical support; and (14228)

(4) the department determines that the placement is in the best interest of both the mother and her child. (14229)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14230)

Sec. 244.009. HEALTH CARE DELIVERY SYSTEM. (14231)(1-click HTML)

(a) In providing medical care, behavioral health care, or rehabilitation services, the department shall integrate the provision of those services in an integrated comprehensive delivery system. (14232)

(b) The delivery system may be used to deliver any medical, behavioral health, or rehabilitation services provided to a child in the custody of the department, including: (14233)

(1) health care; (14234)

(2) dental care; (14235)

(3) behavioral health care; (14236)

(4) substance abuse treatment; (14237)

(5) nutrition; (14238)

(6) programming; (14239)

(7) case management; and (14240)

(8) general rehabilitation services, including educational, spiritual, daily living, recreational, and security services. (14241)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14242)

Sec. 244.010. DEPARTMENT CASEWORKERS. (14243)(1-click HTML)

(a) The department shall assign a caseworker to a child committed to the department. A department caseworker shall: (14244)

(1) explore family issues and needs with the parent or guardian of a child committed to the department; (14245)

(2) as needed, provide the parent or guardian of a child committed to the department with information concerning programs and services provided by the department or another resource; and (14246)

(3) perform other duties required by the department. (14247)

(b) A department caseworker shall: (14248)

(1) at least once a month, attempt to contact the child's parent or guardian by phone, in person while the parent or guardian is visiting the facility, or, if necessary, by mail; (14249)

(2) if unsuccessful in contacting the child's parent or guardian under Subdivision (1), attempt at least one additional time each month to contact the child's parent or guardian; and (14250)

(3) document successful as well as unsuccessful attempts to contact the child's parent or guardian. (14251)

(c) To the extent practicable, a caseworker or another facility administrator shall attempt to communicate with a parent or guardian who does not speak English in the language of choice of the parent or guardian. (14252)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14253)

Sec. 244.0105. REPORT CONCERNING FOSTER CHILDREN COMMITTED TO DEPARTMENT. (14254)(1-click HTML)

(a) Not later than the 10th day before the date of a permanency hearing under Subchapter D, Chapter 263, Family Code, or Subchapter F, Chapter 263, Family Code, regarding a child for whom the Department of Family and Protective Services has been appointed managing conservator, a department caseworker shall submit a written report regarding the child's commitment to the department to: (14255)

(1) the court; (14256)

(2) the Department of Family and Protective Services; (14257)

(3) any attorney ad litem or guardian ad litem appointed for the child; and (14258)

(4) any volunteer advocate appointed for the child. (14259)

(b) The report required by Subsection (a) must include: (14260)

(1) the results of any assessments of the child during the child's commitment to the department, including assessments of the child's emotional, mental, educational, psychological, psychiatric, medical, or physical needs; (14261)

(2) information regarding the child's placement in particular programs administered by the department; and (14262)

(3) a description of the child's progress in programs administered by the department. (14263)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14264)

Amended by: (14265)

Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 84, eff. September 1, 2015. (14266)

Sec. 244.0106. RULES REGARDING SERVICES FOR FOSTER CHILDREN. (14267)(1-click HTML)

(a) The board and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules to ensure that a child for whom the Department of Family and Protective Services has been appointed managing conservator receives appropriate services while the child is committed to the department or released under supervision by the department. (14268)

(b) The rules adopted under this section must require the department and the Department of Family and Protective Services to cooperate in providing appropriate services to a child for whom the Department of Family and Protective Services has been appointed managing conservator while the child is committed to the department or released under supervision by the department, including: (14269)

(1) medical care, as defined by Section 266.001, Family Code; (14270)

(2) mental health treatment and counseling; (14271)

(3) education, including special education; (14272)

(4) case management; (14273)

(5) drug and alcohol abuse assessment or treatment; (14274)

(6) sex offender treatment; and (14275)

(7) trauma informed care. (14276)

(c) The rules adopted under this section must require: (14277)

(1) the Department of Family and Protective Services to: (14278)

(A) provide the department with access to relevant health and education information regarding a child; and (14279)

(B) require a child's caseworker to visit the child in person at least once each month while the child is committed to the department; (14280)

(2) the department to: (14281)

(A) provide the Department of Family and Protective Services with relevant health and education information regarding a child; (14282)

(B) permit communication, including in person, by telephone, and by mail, between a child committed to the department and: (14283)

(i) the Department of Family and Protective Services; and (14284)

(ii) the attorney ad litem, the guardian ad litem, and the volunteer advocate for the child; and (14285)

(C) provide the Department of Family and Protective Services and any attorney ad litem or guardian ad litem for the child with timely notice of the following events relating to the child: (14286)

(i) a meeting designed to develop or revise the individual case plan for the child; (14287)

(ii) in accordance with any participation protocols to which the Department of Family and Protective Services and the department agree, a medical appointment at which a person authorized to consent to medical care must participate as required by Section 266.004(i), Family Code; (14288)

(iii) an education meeting, including admission, review, or dismissal meetings for a child receiving special education; (14289)

(iv) a grievance or disciplinary hearing for the child; (14290)

(v) a report of abuse or neglect of the child; and (14291)

(vi) a significant change in medical condition of the child, as defined by Section 264.018, Family Code; and (14292)

(3) the Department of Family and Protective Services and the department to participate in transition planning for the child through release from detention, release under supervision, and discharge. (14293)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14294)

Amended by: (14295)

Acts 2015, 84th Leg., R.S., Ch. 722 (H.B. 1309), Sec. 4, eff. June 17, 2015. (14296)

Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 85, eff. September 1, 2015. (14297)

Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION. (14298)(1-click HTML)

(a) The department shall accept a child committed to the department who is mentally ill or mentally retarded. (14299)

(b) Unless a child is committed to the department under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department shall discharge a child who is mentally ill or mentally retarded from its custody if: (14300)

(1) the child has completed the minimum length of stay for the child's committing offense; and (14301)

(2) the department determines that the child is unable to progress in the department's rehabilitation programs because of the child's mental illness or mental retardation. (14302)

(c) If a child who is discharged from the department under Subsection (b) as a result of mental illness is not receiving court-ordered mental health services, the child's discharge is effective on the earlier of: (14303)

(1) the date the court enters an order regarding an application for mental health services filed under Section 244.012(b); or (14304)

(2) the 30th day after the date the application is filed. (14305)

(d) If a child who is discharged from the department under Subsection (b) as a result of mental illness is receiving court-ordered mental health services, the child's discharge from the department is effective immediately. If the child is receiving mental health services outside the child's home county, the department shall notify the mental health authority located in that county of the discharge not later than the 30th day after the date that the child's discharge is effective. (14306)

(e) If a child who is discharged from the department under Subsection (b) as a result of mental retardation is not receiving mental retardation services, the child's discharge is effective on the earlier of: (14307)

(1) the date the court enters an order regarding an application for mental retardation services filed under Section 244.012(b); or (14308)

(2) the 30th day after the date that the application is filed. (14309)

(f) If a child who is discharged from the department under Subsection (b) as a result of mental retardation is receiving mental retardation services, the child's discharge from the department is effective immediately. (14310)

(g) If a child who is mentally ill or mentally retarded is discharged from the department under Subsection (b), the child is eligible to receive continuity of care services from the Texas Correctional Office on Offenders with Medical or Mental Impairments under Chapter 614, Health and Safety Code. (14311)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14312)

Sec. 244.012. EXAMINATION BEFORE DISCHARGE. (14313)(1-click HTML)

(a) The department shall establish a system that identifies children in the department's custody who are mentally ill or mentally retarded. (14314)

(b) Before a child who is identified as mentally ill is discharged from the department's custody under Section 244.011(b), a department psychiatrist shall examine the child. The department shall refer a child requiring outpatient psychiatric treatment to the appropriate mental health authority. For a child requiring inpatient psychiatric treatment, the department shall file a sworn application for court-ordered mental health services, as provided in Subchapter C, Chapter 574, Health and Safety Code, if: (14315)

(1) the child is not receiving court-ordered mental health services; and (14316)

(2) the psychiatrist who examined the child determines that the child is mentally ill and the child meets at least one of the criteria listed in Section 574.034, Health and Safety Code. (14317)

(c) Before a child who is identified as mentally retarded under Chapter 593, Health and Safety Code, is discharged from the department's custody under Section 244.011(b), the department shall refer the child for mental retardation services if the child is not receiving mental retardation services. (14318)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14319)

Sec. 244.0125. TRANSFER OF CERTAIN CHILDREN SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (14320)(1-click HTML)

(a) The department may petition the juvenile court that entered the order of commitment for a child for the initiation of mental health commitment proceedings if the child is committed to the department under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code. (14321)

(b) A petition made by the department shall be treated as a motion under Section 55.11, Family Code, and the juvenile court shall proceed in accordance with Subchapter B, Chapter 55, Family Code. (14322)

(c) The department shall cooperate with the juvenile court in any proceeding under this section. (14323)

(d) The juvenile court shall credit to the term of the child's commitment to the department any time the child is committed to an inpatient mental health facility. (14324)

(e) A child committed to an inpatient mental health facility as a result of a petition filed under this section may not be released from the facility on a pass or furlough. (14325)

(f) If the term of an order committing a child to an inpatient mental health facility is scheduled to expire before the end of the child's sentence and another order committing the child to an inpatient mental health facility is not scheduled to be entered, the inpatient mental health facility shall notify the juvenile court that entered the order of commitment committing the child to the department. The juvenile court may transfer the child to the custody of the department, transfer the child to the Texas Department of Criminal Justice, or release the child under supervision, as appropriate. (14326)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14327)

Sec. 244.013. NOTICE OF PENDING DISCHARGE. (14328)(1-click HTML)

As soon as practicable after the department makes a decision to discharge a child or authorize the child's absence from the department's custody, the department shall give notice of the department's decision to the juvenile court and the office of the prosecuting attorney of the county in which the adjudication that the child engaged in delinquent conduct was made. (14329)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14330)

Sec. 244.014. REFERRAL OF DETERMINATE SENTENCE OFFENDERS FOR TRANSFER. (14331)(1-click HTML)

(a) After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the department may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if: (14332)

(1) the child has not completed the sentence; and (14333)

(2) the child's conduct, regardless of whether the child was released under supervision under Section 245.051, indicates that the welfare of the community requires the transfer. (14334)

(b) The department shall cooperate with the court on any proceeding on the transfer of the child. (14335)

(c) If a child is released under supervision, a juvenile court adjudication that the child engaged in delinquent conduct constituting a felony offense, a criminal court conviction of the child for a felony offense, or a determination under Section 244.005(4) revoking the child's release under supervision is required before referral of the child to the juvenile court under Subsection (a). (14336)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14337)

Amended by: (14338)

Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 39, eff. September 1, 2013. (14339)

Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING DETERMINATE SENTENCES. (14340)(1-click HTML)

(a) When a child who is sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 18 years of age, the department shall evaluate whether the child is in need of additional services that can be completed in the six-month period after the child's 18th birthday to prepare the child for release from the custody of the department or transfer to the Texas Department of Criminal Justice. (14341)

(b) This section does not apply to a child who is released from the custody of the department or who is transferred to the Texas Department of Criminal Justice before the child's 18th birthday. (14342)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14343)

SUBCHAPTER B. PROVISION OF CERTAIN INFORMATION; RIGHTS OF PARENTS (14344)(1-click HTML)
Sec. 244.051. INFORMATION AVAILABLE TO CHILDREN, PARENTS, AND OTHERS. (14345)(1-click HTML)

(a) In the interest of achieving the purpose of the department and protecting the public, the department may disclose records and other information concerning a child to the child and the child's parent or guardian only if disclosure would not materially harm the treatment and rehabilitation of the child and would not substantially decrease the likelihood of the department receiving information from the same or similar sources in the future. Information concerning a person who is age 18 or older may not be disclosed to the person's parent or guardian without the person's consent. (14346)

(b) The department may disclose information regarding a child's location and committing court to a person having a legitimate need for the information. (14347)

(c) The department may disclose to a peace officer or law enforcement agency images of children recorded by an electronic recording device and incident reporting and investigation documents containing the names of children if the information is relevant to the investigation of a criminal offense alleged to have occurred in a facility operated by or under contract with the department. (14348)

(d) Notwithstanding Subsection (a), if the Department of Family and Protective Services has been appointed managing conservator for a child, the department shall disclose records and other information concerning the child to the Department of Family and Protective Services as provided by the rules of the Department of Family and Protective Services. (14349)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14350)

Sec. 244.052. RIGHTS OF PARENTS. (14351)(1-click HTML)

(a) The department, in consultation with advocacy and support groups such as those described in Section 242.056(a), shall develop a parent's bill of rights for distribution to the parent or guardian of a child who is under 18 years of age and committed to the department. The parent's bill of rights must include: (14352)

(1) a description of the department's grievance policies and procedures, including contact information for the office of inspector general and the office of the independent ombudsman established under Chapter 261; (14353)

(2) a list of possible incidents that require parental notification; (14354)

(3) policies concerning visits and telephone conversations with a child committed to the department; (14355)

(4) a description of department caseworker responsibilities; (14356)

(5) a statement that the department caseworker assigned to a child may assist the child's parent or guardian in obtaining information and services from the department and other resources concerning: (14357)

(A) counseling, including substance abuse and mental health counseling; (14358)

(B) assistance programs, including financial and travel assistance programs for visiting a child committed to the department; (14359)

(C) workforce preparedness programs; (14360)

(D) parenting programs; and (14361)

(E) department seminars; and (14362)

(6) information concerning the indeterminate sentencing structure at the department, an explanation of reasons that a child's commitment at the department could be extended, and an explanation of the review process under Sections 245.101 and 245.104 for a child committed to the department without a determinate sentence. (14363)

(b) Not later than 48 hours after the time a child is admitted to a department facility, the department shall mail to the child's parent or guardian at the last known address of the parent or guardian: (14364)

(1) the parent's bill of rights; and (14365)

(2) the contact information of the department caseworker assigned to the child. (14366)

(c) The department shall on a quarterly basis provide to the parent, guardian, or designated advocate of a child who is in the custody of the department a report concerning the progress of the child at the department, including: (14367)

(1) the academic and behavioral progress of the child; and (14368)

(2) the results of any reexamination of the child conducted under Section 244.002. (14369)

(d) The department shall ensure that written information provided to a parent or guardian regarding the rights of a child in the custody of the department or the rights of a child's parent or guardian, including the parent's bill of rights, is clear and easy to understand. (14370)

(e) The department shall ensure that if the Department of Family and Protective Services has been appointed managing conservator of a child, the Department of Family and Protective Services is given the same rights as the child's parent under the parent's bill of rights developed under this section. (14371)

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14372)

CHAPTER 245. RELEASE (14373)(1-click HTML)
Sec. 245.001. PAROLE OFFICERS; PAROLE MANAGEMENT. (14374)(1-click HTML)

(a) The department may employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee's adjustment to society in accordance with the rules adopted by the board. (14375)

(b) Parole officers may work with local organizations, clubs, and agencies to formulate plans and procedures for the prevention of juvenile delinquency. (14376)

(c) The department shall develop a management system for parole services that objectively measures and provides for: (14377)

(1) the systematic examination of children's needs and the development of treatment plans to address those needs; (14378)

(2) the evaluation of homes, foster homes, and public and private institutions as constructive parole placements; (14379)

(3) the classification of children based on the level of children's needs and the degree of risk presented to the public; (14380)

(4) the objective measurement of parole officer workloads; and (14381)

(5) the gathering and analysis of information related to the effectiveness of parole services and to future parole requirements. (14382)

Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14383)

Sec. 245.002. CONTRACTS WITH COUNTIES. (14384)(1-click HTML)

(a) The department may make a contract with a county to use the services of the county's juvenile probation department for the supervision of children within the county who are on furlough from a department facility or who are released under supervision from a department facility. (14385)

(b) Payments under a contract described by Subsection (a) shall be made to the county treasurer on a quarterly schedule. (14386)

(c) The department may not pay a county for supervision of a child for any time after the child: (14387)

(1) is discharged from the department's custody; (14388)

(2) is returned to a department facility; or (14389)

(3) transfers the child's residence to another county or state. (14390)

(d) A county that has a contract with the department must report to the department on the status and progress of each child for whom the county is receiving payments. The reports shall be made at the time and in the manner specified by the contract. (14391)

Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. (14392)

SUBCHAPTER B. AUTHORITY TO RELEASE; RESUMPTION OF CARE (14393)(1-click HTML)
Sec. 245.051. RELEASE UNDER SUPERVISION. (14394)(1-click HTML)

(a) The department may release under supervision any child in the department's custody and place the child in the child's home or in any situation or family approved by the department. Prior to placing a child in the child's home, the department shall evaluate the home setting to determine the level of supervision and quality of care that is available in the home. (14395)

(b) Not later than 10 days before the day the department releases a child under this section, the department shall give notice of the release to the juvenile court and the office of the prosecuting attorney of the county in which the adjudication that the child engaged in delinquent conduct was made. (14396)

(c) If a child is committed to the department under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the department may not release the child under supervision without approval of the juvenile court that entered the order of commitment unless the child has served at least: (14397)

(1) 10 years, if the child was sentenced to commitment for conduct constituting capital murder; (14398)

(2) 3 years, if the child was sentenced to commitment for conduct constituting an aggravated controlled substance felony or a felony of the first degree; (14399)

(3) 2 years, if the child was sentenced to commitment for conduct constituting a felony of the second degree; or (14400)

(4) 1 year, if the child was sentenced to commitment for conduct constituting a felony of the third degree. (14401)

(d) The department may request the approval of the court under this section at any time. (14402)

(e) The department may resume the care and custody of any child released under supervision at any time before the final discharge of the child. (14403)

(f) If the department finds that a child has violated an order under which the child is released under supervision, on notice by any reasonable method to all persons affected, the department may order the child: (14404)

(1) to return to an institution; (14405)

(2) if the violation resulted in property damage or personal injury: (14406)

(A) to make full or partial restitution to the victim of the offense; or (14407)

  

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