37 Tex. Admin. Code § 343.400

Current through Reg. 49, No. 25; June 21, 2024
Section 343.400 - Intake and Admission
(a) An intake officer or other person authorized by the juvenile board shall be on duty at the facility or on call 24 hours per day and shall perform the duties and responsibilities associated with determining whether the juvenile should be detained or released as required by Texas Family Code § 53.01.
(b) Each facility shall have written policies and procedures addressing the admission of juveniles who are in need of emergency medical care due to injury, illness, or intoxication or who are in need of emergency mental health intervention.
(1) Anyone presented for admission into detention who is in need of emergency medical care due to injury, illness, or intoxication, or who is in need of emergency mental health intervention shall not be admitted into detention.
(2) The referring person shall be directed to a health care facility to have the individual evaluated and treated.
(3) Subsequent admission into detention is contingent upon written medical clearance from a health care provider or mental health provider.
(c) Each facility shall have written policies and procedures addressing intoxicated or chemically impaired juveniles being admitted into detention and their need for specialized supervision.
(d) A juvenile who has been taken into custody by law enforcement and presented for detention at a secure pre-adjudication detention facility shall:
(1) be supervised at all times by the law enforcement officer who presented the juvenile for detention or by appropriate facility staff (e.g., intake officer, juvenile supervision officer, etc.) until an admission decision is made; and
(2) be:
(A) admitted into detention as soon as possible but no later than six hours from the time of entry; or
(B) released to a responsible party no later than six hours from the time of entry.
(e) The supervision requirement in subsection (d)(1) of this section may take place from behind an architectural barrier (e.g., glass observation window, screened window, partial wall, etc.) as long as the barrier allows for a complete and unobstructed view of the area where the resident is being held. Restroom areas within the facility are exempt from this requirement.

37 Tex. Admin. Code § 343.400

The provisions of this §343.400 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 9254, eff. 1/1/2015