37 Tex. Admin. Code § 343.100

Current through Reg. 49, No. 21; May 24, 2024

Section 343.100 - Definitions

When used in this chapter, the following words and terms shall have the following meanings unless otherwise expressly defined within the chapter.

(1) Administrative Designee--A juvenile probation department staff member who is above the level of a facility administrator.

(2) Bed--Includes a bed frame or platform and a mattress. The bed frame or platform may be a permanent or portable fixture.

(3) Behavioral Health Assessment--A mental health assessment conducted by a masters-level mental health provider who is licensed by one of the boards listed in paragraph (37) of this section and is qualified by training to conduct all required elements of a behavioral health assessment. A behavioral health assessment must include the following elements:

(A) clinical interview;

(B) psychosocial evaluation, including a history of traumatic events, to include:

(i) family history;

(ii) community/living environment;

(iii) peer relationships; and

(iv) academic/vocational history;

(C) review of the following files and associated records in the possession of the juvenile probation department:

(i) juvenile probation records;

(ii) mental health records;

(iii) medical records;

(iv) previous mental health testing records; and

(v) educational records;

(D) parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the mental health provider deems appropriate, such as a teacher or the child's juvenile probation officer;

(E) psychometric testing, using instruments that are recognized and accepted by the American Psychological Association or another professional mental health organization, to include:

(i) achievement assessment, only if there is no record of an achievement assessment within the last three years;

(ii) personality assessment, only if there is no record of a personality assessment within the last three years;

(iii) intellectual assessment, only if:

(I) there is no record of an intellectual assessment within the last three years; or

(II) a new intellectual assessment is indicated by:

(-a-) pervasive use of drugs known to impair thought processes;

(-b-) traumatic brain injury;

(-c-) the child was age 12 or younger on the date of the most recent psychometric testing; or

(-d-) obvious impairment in cognitive or interpersonal functioning;

(F) diagnostic impression; and

(G) review of risks, strengths, and recommendations for intervention.

(4) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department for a single county or a multi-county judicial district.

(5) Confidential Setting--A room or area that provides sound separation from other residents and unauthorized staff.

(6) Constant Physical Presence--A juvenile supervision officer is physically present in the same room or same physical location with the residents and is responsible for the supervision of residents. The term does not include supervision from behind architectural barriers such as glass observation windows or screened windows.

(7) Common Activity Area--Area inside the facility to which residents have access and in which activities are conducted. This area includes dayrooms, covered recreation areas, recreation rooms, education rooms, counseling rooms, testing rooms, visitation areas, and medical or dental rooms.

(8) Contraband--Any item that is not issued to employees for the performance of their duties and that employees have not obtained supervisory approval to possess. Contraband also includes any item that a resident is not allowed to possess or use that is given to a resident by an employee or other individual. Specific items of contraband include, but are not limited to:

(A) firearms;

(B) knives;

(C) ammunition;

(D) drugs;

(E) intoxicants;

(F) pornography; and

(G) any unauthorized written or electronic communication brought into or taken from a facility for a resident, former resident, associate of a resident, or family members of a resident.

(9) Date and Time of Admission--The date and time a juvenile is authorized for detention in a secure pre-adjudication detention facility by an individual who is authorized by the juvenile board in accordance with § 53.02 of the Texas Family Code. If the decision to detain was made prior to the juvenile's arrival to the facility, the date and time of admission shall be the same as the date and time of entry.

(10) Date and Time of Entry--The date and time a juvenile is presented by law enforcement or a county juvenile probation officer to a pre-adjudication secure detention facility for processing and authorization of detention.

(11) Design Capacity--The number of people that can safely occupy a building or space as determined by the current architectural design and any building modifications, licensing, accreditation, regulatory authorities, and applicable building codes.

(12) Designee--The person authorized to perform a specific duty as assigned by the facility administrator.

(13) Detention--The temporary secure custody of a child as defined in and authorized by Title 3 of the Texas Family Code.

(14) Disciplinary Seclusion--The separation of a resident from other residents for disciplinary reasons and the placement of the resident alone in an area from which egress is prevented for more than 90 minutes.

(15) Facility Administrator--The individual designated by the chief administrative officer or governing board of the facility who has the ultimate responsibility for managing and operating the facility. This definition includes the certified juvenile supervision officer who is designated in writing as the acting facility administrator during the absence of the facility administrator.

(16) Furlough--A period of time during which a resident is allowed to leave the facility premises and go into the community unsupervised for various purposes consistent with public interest.

(17) Governing Board--Any governmental unit, as defined in § 101.001 of the Texas Civil Practice and Remedies Code, or a board of trustees appointed by the governmental unit, that operates a secure facility or contracts for the operation of a secure facility. A juvenile board is an example of a governing board. As used in this chapter, this term does not include the Texas Juvenile Justice Board.

(18) Hazardous Material--Any substance that is explosive, flammable, combustible, poisonous, corrosive, irritating, or otherwise harmful and is likely to cause injury or death.

(19) Health Administrator--A person who, by virtue of education, experience, or certification, is capable of assuming responsibility for arranging all levels of health care and ensuring quality and accessible health services for juveniles.

(20) Health Assessment--A focused assessment conducted for the purpose of validating screening results and making any needed referrals. The health assessment shall include:

(A) review of the health screening results;

(B) collection of additional data to complete the medical, dental, and mental health histories;

(C) recording of vital signs; and

(D) initiation of referrals when appropriate.

(21) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, medical and nursing care assistants, emergency medical technicians (EMT), and others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for patients.

(22) Health Service Authority--The agency, organization, entity, or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility.

(23) Housing Area--An area within a secure juvenile facility that contains one or more single-occupancy housing units (SOHU) and/or multiple-occupancy housing units (MOHU).

(24) Housing Unit--A single-occupancy housing unit (SOHU) or a multiple-occupancy housing unit (MOHU).

(25) Individual Resident Sleeping Quarters--A cell or room designed and constructed to securely house one resident.

(26) Intellectual Disability--A diagnosis made by a mental health provider based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.

(27) Intern--An individual who performs services for the facility through a formal internship program that is part of an approved course of study through an accredited college or university or sponsored by a juvenile justice agency.

(28) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication secure detention facility into a post-adjudication secure correctional facility under the same administrative authority. This definition does not include placement in a privately operated secure post-adjudication facility located within the placing juvenile probation department's jurisdictional boundaries, even if the privately operated facility has the same juvenile board and/or governing board as the referring juvenile probation department.

(29) Isolation--The separation of a resident from other residents for assessment, medical, or protective purposes and the placement of the resident alone in an area from which egress is prevented.

(30) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program administered or operated under the authority of the juvenile board.

(31) Juvenile Supervision Officer--A person whose primary responsibility and essential function is the supervision of juveniles in a juvenile justice facility or a juvenile justice program operated by or under contract with the juvenile board.

(32) Major Violations--Rule violations that constitute only the following:

(A) serious threat against persons or property;

(B) serious threat to facility safety and/or security; or

(C) repeated minor rule violations, consistent with requirements listed in § 343.274 of this title.

(33) Material Safety Data Sheet (MSDS)--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects, and safe handling/storage information.

(34) Medical Diet--Special diet ordered for a temporary or permanent health condition that restricts the type, preparation, and/or amount of food.

(35) Medical Entity--An agency or organization that is primarily composed of health care professionals.

(36) Medical Treatment--Medical care, including diagnostic testing (e.g., x-rays, laboratory testing, etc.), that is performed or ordered by anyone authorized by law to do so, including a physician, physician assistant, nurse practitioner, emergency medical technician (EMT), paramedic, registered nurse (RN), or licensed vocational nurse (LVN).

(37) Mental Health Provider--An individual who is licensed or otherwise authorized to provide mental health services by one or more of the following licensing boards:

(A) Texas State Board of Examiners of Psychologists;

(B) Texas State Board of Examiners of Professional Counselors;

(C) Texas State Board of Examiners of Marriage and Family Therapists;

(D) Texas Department of State Health Services - Chemical Dependency Counselors Program;

(E) Council on Sex Offender Treatment;

(F) Texas Medical Board; or

(G) Texas State Board of Social Worker Examiners.

(38) Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review.

(39) Military-Style Program--A program or component in a post-adjudication secure correctional facility for juvenile offenders that features military-style discipline and structure as an integral part of its treatment and rehabilitation program.

(40) Minor Violations--Rule violations that do not represent a serious threat against persons or property and that do not pose a serious threat to facility safety and/or security.

(41) Multiple-Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple-occupancy sleeping, which is self-contained and includes appropriate sleeping, sanitation, and hygiene equipment or fixtures.

(42) Non-Program Hours--Time period when all scheduled resident activity for the entire resident population in the facility has ceased for the day.

(43) Oral Cavity Search--The visual examination of a resident's open mouth.

(44) Pat-Down Search--A manual search in which the resident's outer clothing is patted down or searched.

(45) Perimeter--The contiguous property on the exterior of the building to which residents have access for recreational activities, physical exercise, and other outdoor activities.

(46) Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities or activities related to the educational curriculum (i.e., physical education).

(47) Positive Screening--A scored result of a completed mental health screening instrument requiring referral to a mental health provider.

(48) Post-Adjudication Secure Correctional Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of the residents and is intended for the treatment and rehabilitation of youth who have been adjudicated. Subchapters A, B, D, and E of this chapter apply to all post-adjudication secure correctional facilities. A post-adjudication secure correctional facility does not include any non-secure residential program operating under the authority of a governing board.

(49) Pre-Adjudication Secure Detention Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility and is used for the temporary placement of any juvenile or other individual who is accused of having committed an offense and is awaiting court action, an administrative hearing, or other transfer action. Subchapters A, B, C, and E of this chapter apply to all pre-adjudication secure detention facilities. A pre-adjudication secure detention facility does not include a short-term detention facility as defined by § 51.12(j) of the Texas Family Code.

(50) Premises--One or more buildings together with their grounds or other appurtenances.

(51) Primary Control Room--A restricted or secure area from which entrance into and exit from a secure facility is controlled. The primary control room also contains the emergency, monitoring, and communications systems and is staffed 24 hours each day that residents are in the facility.

(52) Professionals--The following persons are considered professionals for limited purposes:

(A) teachers certified as educators by the State Board for Educator Certification, including teachers certified by the State Board for Educator Certification with provisional or emergency certifications;

(B) educational aides or paraprofessionals certified by the State Board for Educator Certification;

(C) health care professionals licensed or certified by:

(i) the Texas Board of Nursing;

(ii) the Texas Medical Board;

(iii) the Texas Physician Assistant Board;

(iv) the Texas State Board of Dental Examiners; or

(v) the State Board of Examiners for Speech-Language Pathology and Audiology;

(D) mental health providers as defined in paragraph (37) of this section;

(E) qualified mental health professionals as defined in paragraph (56) of this section;

(F) juvenile probation officers certified by the Texas Juvenile Justice Department; and

(G) commissioned law enforcement personnel.

(53) Protective Isolation--The exclusion of a threatened resident from the group by placing the resident in an individual room that minimizes contact with the residents from a specific group.

(54) Program Hours--The time period when the resident population has scheduled activities, including any shift changes that occur during the time period when the resident population has scheduled activities.

(55) Psychological Evaluation--A mental health assessment completed or supervised by a doctoral-level psychologist who is licensed by the Texas State Board of Examiners of Psychologists. At a minimum, a psychological evaluation must include the following elements:

(A) clinical interview;

(B) psychosocial evaluation, including a history of traumatic events, to include:

(i) family history;

(ii) community/living environment;

(iii) peer relationships; and

(iv) academic/vocational history;

(C) review of the following files and associated records in the possession of the juvenile probation department:

(i) juvenile probation records;

(ii) mental health records;

(iii) medical records;

(iv) previous mental health testing records; and

(v) educational records;

(D) parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the psychologist deems appropriate, such as a teacher or the child's juvenile probation officer;

(E) psychometric testing, only if there is no record of psychometric testing within the past three years. Psychometric testing must be conducted with instruments that are recognized and accepted by the American Psychological Association or another professional mental health organization and must include:

(i) achievement assessment;

(ii) personality assessment; and

(iii) intellectual assessment;

(F) diagnostic impression; and

(G) review of risks, strengths, and recommendations for intervention.

(56) Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the definition of a qualified mental health professional in the administrative rules adopted by the Texas Department of State Health Services.

(57) Rated Capacity--The maximum number of beds available in a facility that were architecturally designed as a housing unit.

(58) Reasonable Belief--A belief that would be held by an ordinary and prudent person in the same circumstances as the actor.

(59) Resident--A juvenile or other individual that has been lawfully admitted into a juvenile pre-adjudication secure detention facility or a post-adjudication secure correctional facility.

(60) Resident-Initiated Separation--The separation of a resident from other residents:

(A) at the resident's request (e.g., a cooling-off period); or

(B) due to a resident's refusal to leave his/her sleeping room to engage in programming, but only when the separation is not a room restriction or staff-imposed disciplinary measure.

(61) Room Restriction--The placement of a resident alone in an area from which egress is prevented for 90 minutes or less for behavior modification purposes as directed by staff.

(62) Safety-Based Seclusion--The separation of a resident from other residents for the safety-and-security-related reasons listed in § 343.288 of this title and the placement of the resident alone in an area from which egress is prevented.

(63) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed.

(64) Serious Mental Illness--A mental health diagnosis of any of the following disorders: psychoses, schizophrenia, bipolar with psychotic features, depression with psychotic features, severe post-traumatic stress disorder, and schizoaffective disorders.

(65) Serious Property Damage--Any damage equal to or greater than $50.00.

(66) Single-Occupancy Housing Unit (SOHU)--A housing unit that is designed and constructed with separate and secure individual resident sleeping quarters and that includes appropriate sleeping, sanitation, and hygiene equipment or fixtures.

(67) Specialized Housing--Any room or cell used for disciplinary seclusion, safety-based seclusion, protective isolation, assessment isolation, or medical isolation.

(68) Standard--An administrative rule adopted by TJJD in accordance with Texas Government Code Chapter 2001.

(69) Strip Search--A visual inspection of a resident's body in a state of full or partial undress.

(70) TJJD--The Texas Juvenile Justice Department.

(71) Volunteer--Individuals agreeing to perform services without compensation who have regular or periodic supervised contact or unsupervised contact with juveniles under the direction of the pre-adjudication or post-adjudication secure juvenile facility.

(72) Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph.

(A) "Deviate sexual intercourse" means:

(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or

(ii) the penetration of the genitals or the anus of another person with an object.

(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or

(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons, including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

(E) A juvenile may not consent to the acts as defined in this paragraph under any circumstances. Consent may not be implied regardless of the age of the juvenile.

37 Tex. Admin. Code § 343.100

The provisions of this §343.100 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended by Texas Register, Volume 39, Number 47, November 21, 2014, TexReg 9253, eff. 1/1/2015; Amended by Texas Register, Volume 40, Number 43, October 23, 2015, TexReg 7434, eff. 2/1/2016