texas juvenile probation commission title 37 texas

Chapter 341 Working Draft

Juvenile Probation Administration Drafted on 6/17/2008– of 22

Texas Juvenile Probation Commission Title 37 Texas Administrative Code

Chapter 341. Juvenile Probation Administration Anticipated Effective Date 9/1/2009

Subchapter A. General Definitions. Subchapter B. Juvenile Board Responsibilities. Subchapter C. Chief Administrative Officer and Juvenile Officer Responsibilities. Subchapter D. Case Management Standards. Subchapter E. Day Boot Camps. Subchapter F. Adventure-Based Outdoor Intervention Programs. Subchapter G. Community Service Programs. Subchapter H. Restraints Subchapter A. GENERAL DEFINITIONS. §341.100. Definitions. (1) Adventure-Based Outdoor Intervention Program – A Juvenile Justice Program that contains outdoor activities that involve special technical skill, equipment, or safety regulations for participation. Examples of this may include but are not limited to the use of all-terrain vehicles, aquatic activities, equestrian activities, wilderness hiking and camping excursions. (2) 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 including the juvenile probation department of a multi-county judicial district. (3) Commission--The Texas Juvenile Probation Commission. (4) Day Boot Camp – A Juvenile Justice Program that contains a Physical Training Program or that features military-style discipline and structure as an integral part of its program component. This excludes any programs that are part of a Juvenile Justice Alternative Education Program which is funded by the TJPC. (5) Juvenile – A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice program, or participating in a juvenile justice program administered or operated under the authority of the juvenile board. (6) Juvenile Justice Program -- A non-residential program operated for the benefit of Juveniles referred to a juvenile probation department that is either directly administered by the juvenile probation department, or is operated under contract with a juvenile board. A juvenile justice program does not include any program operated in a facility that is licensed or operated by a state agency other than a facility registered with the Texas Juvenile Probation Commission. (7) Mental Health Assessment – An assessment that can only be completed by a licensed mental health professional. An assessment consists of gathering key information regarding the psychosocial needs and problems identified during a Mental Health Screening, including the type and extent of mental health disorders and substance abuse disorders, other issues associated with the disorders and recommendation for treatment intervention. (8) Mental Health Screening – A process that includes a series of questions that are designed to identify a Juvenile who is at an increased risk of having mental health disorders that warrant attention and a professional review.



(9) 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., P.E.). (10) Positive Screening – A scored result of a completed Mental Health Screening instrument (i.e., MAYSI-2) recommending services requiring a primary service by a Mental Health Professional as described on the MAYSI-2 reference card. (11) Program Administrator -- The program staff member who is responsible for all aspects of the program including but not limited to program content, staff supervision and Juvenile treatment. (12) Referral -- A referral to the juvenile court for conduct defined in Section 51.03 of the Texas Family Code that results in a face-to-face interview between the Juvenile and the authorized staff of the juvenile probation department. (13) Volunteer – Individuals agreeing to perform services without compensation who have regular or periodic supervised contact with Juveniles or unsupervised contact with Juveniles who are under the direction of the juvenile probation department. Subchapter B. Juvenile Board Responsibilities. §341.200. Administration. (a) Local Juvenile Probation Services Administration.

(1) The juvenile board shall employ a Chief Administrative Officer for each autonomous juvenile probation department. (2) The juvenile board shall specify the responsibilities and functions of the juvenile probation department which, at a minimum, shall include intake, detention, juvenile court proceedings, supervision of Juveniles, maintenance of files, records and data collection, as well as the authority, responsibility, and function of the position of the Chief Administrative Officer. (3) When probation services for adult and Juvenile offenders are provided by a single probation office, the juvenile board shall ensure that the juvenile probation department policies, programs, and procedures are clearly differentiated.

(b) Referral Ratio. The juvenile board shall employ at least one certified juvenile probation officer for each 100 referrals made to the juvenile probation department annually. (c) Participation in Community Resource Coordination Groups.

(1) Juvenile boards shall participate in the system of community resource coordination groups and follow the procedures in the memorandum of understanding adopted in Chapter 353 of this title. (2) The chair of the juvenile board or the chair's designee shall serve as representative to the interagency dispute resolution process described in the memorandum of understanding.

(d) The governing board shall develop a mechanism for receiving and responding to public complaints against a department relating to its services and programs, as well as requests for information.

(e) Notice of Complaint Procedures. The juvenile board shall ensure that the Notice of Complaint sign provided by the Commission is posted in a public area of:

(1) the juvenile probation department; and (2) any facility operated by the juvenile board, or operated by a private entity through contract with the juvenile board.



(f) The Notice of Complaint sign shall contain the name, address and phone number of the juvenile board chair designee. The address and telephone number of the juvenile board where the complaint will be sent must be included. (g) Prior to operating a Juvenile Adventure-Based Outdoor Intervention Program or Day Boot Camp, the governing board of the program shall authorize the operation of the program. (h) Prior to operating a Non-Secure Residential Facility, the governing board shall ensure that the facility is licensed and regulated by the Texas Department of Family and Protective Services in accordance with Chapter 42, of the Texas Human Resource Code. §341.202. Policy and Procedures. (a) Personnel Policies. The juvenile board shall adopt written personnel policies. These personnel policies shall include but not be limited to the provision for juvenile probation officers to receive all applicable benefits and allowances given to county employees. (b) Department Policies. The juvenile board shall adopt written department policies and procedures. These policies shall include but not be limited to:

(1) Deferred Prosecution. The deferred prosecution policy shall at a minimum include the following policies:

(A) The maximum supervision fee for deferred prosecution cases is $15.00 per month. (B) The monthly fee shall be determined after obtaining a financial statement from the parent or guardian. (C) The fee schedule shall be based on total parent/guardian income. (D) The Chief Administrative Officer or the Chief Administrative Officer's designee shall approve in writing the fee assessed for each child including any waiver of deferred prosecution fees. (E) A deferred prosecution fee shall not be imposed if the juvenile board does not adopt a fee schedule and rules for waiver of the deferred prosecution fee.

(2) Volunteers and Interns. If a juvenile probation department has or develops a volunteer or internship program, the juvenile board, at a minimum, shall adopt the following polices for the volunteer and internship program:

(A) a description of the authority, responsibility and accountability of volunteers and interns who work with the department;

(B) selection and termination criteria including disqualification based on criminal history; (C) orientation and training requirements including training on reporting abuse, exploitation and neglect; (D) a requirement that volunteers and interns meet minimum professional requirements; and (E) a provision for a volunteer and intern sign in log.

(3) Experimentation. Participation by Juveniles in medical, psychological, pharmaceutical, or cosmetic experiments is prohibited. (4) Research Studies. Participation by Residents in medical, psychological, pharmaceutical, or cosmetic research is prohibited unless the research study is approved in writing by the juvenile board subject to the following guidelines:

(A) The juvenile board shall promulgate approved policies that govern all authorized research studies. Studies that include medically invasive procedures shall be prohibited.



(B) Approved research studies shall adhere to all applicable policies of the authorizing juvenile board. (C) Research studies approved by the juvenile board shall be reported to the Commission in a format prescribed by the Commission prior to the commencement of the study. (D) The results of the study shall be made available to the Commission upon request from the facility administrator, Chief Administrative Officer or juvenile board. (E) Policies governing research studies shall adhere to all federal requirements governing human subjects and confidentiality.

§341.204. Waiver Unless expressly prohibited by another standard, the governing board, the Chief Administrative Officer may make an application for waiver of any standard or standards adopted by the Commission in accordance with Chapter 349 of this Title. §341.206. Variance Unless expressly prohibited by another standard, the juvenile board may make an application for variance of any standard or standards adopted by the Commission in accordance with Section 349.2 of this Title. Subchapter C. CHIEF ADMINISTRATIVE OFFICER AND JUVENILE PROBATION OFFICER RESPONSIBILITIES §341.300. Policy and Procedure Manual. (a) The Chief Administrative Officer shall maintain and enforce a policy and procedure manual for the juvenile probation department, which shall include the policies, procedures, and regulations of the juvenile probation department as adopted by the juvenile board. (b) The Chief Administrative Officer shall provide all employees with a copy of or access to the policy and procedure manual, review the manual on an annual basis and update it as necessary. §341.302. Participation in Community Resource Coordination Groups. The Chief Administrative Officer or designee shall serve as the liaison to the community resource coordination group in accordance with the memorandum of understanding adopted in Chapter 353 of this title. §341.304. Juvenile Grievance Process. (a) The program shall have written policies and procedures and practices that demonstrate there is a formalized grievance process to address Juveniles’ complaints about their treatment and program services. The grievance procedure shall provide, at least, one level of appeal. (b) A juvenile’s parent, legal guardian or custodian shall also be able to utilize the formalized grievance process to report and resolve complaints about their child’s treatment and program services. §341.306. Duties of Certified Juvenile Probation Officers. (a) In addition to any duties, responsibilities or powers granted by Title III of the Texas Family Code, the following duties and responsibilities shall be performed only by certified juvenile probation officers:

(1) dispositional recommendations in formal court proceedings; (2) final approval of written social history reports;



(3) acting as the primary supervising officer for all court ordered and deferred prosecution cases; (4) writing and administering case plans in accordance with the Commission's case management standards; and (5) if authorized by the juvenile board under Section 53.01 of the Texas Family Code, conducting intake interviews, investigations, and making release decisions.

(b) An individual hired as a juvenile probation officer, who is not yet certified as a juvenile probation officer may perform the duties under (a) so long as the individual:

(1) has not worked for the probation department for more than 6 months from the individual's date of hire; (2) has received training on each duty listed under (a); and (3) has received training in recognizing and reporting abuse, exploitation and neglect.

Subchapter D. Case Management Standards. §341.400. Definitions. The following words or terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. (1) Case Plan--A written document that sets out actions and goals for a Juvenile and the Juvenile’s family to follow while under the supervision of the juvenile court in order to make changes necessary to address the identified needs of the Juvenile and the Juvenile’s family. The case plan is developed for each adjudicated Juvenile and addresses a Juvenile's needs (e.g. education, family, substance abuse, mental health, etc.), risks of re-offending, level of supervision, strengths and weaknesses. (2) Case Plan Review--A written document that reviews and measures the initial case plan's goals for progress, including the re-assessment and re-evaluation of the Juvenile's needs, circumstances and resources. (3) Exit Plan-- A written document developed for each Juvenile that identifies the Juvenile's needs for post-supervision reintegration and specifies the community resources available to meet those needs. The purpose of the exit plan is to facilitate a continuum of community services to the Juvenile and the Juvenile's family after probation supervision ends. (4) Field Supervision--Supervision ordered by a juvenile court in accordance with Section 54.04(d)(1)(A) of the Texas Family Codewhere the child is placed on probation in the child's home or in the custody of a relative or other appropriate person. (5) Formal Referral--Occurs and should be counted when all three of the following conditions exist:

(A) delinquent conduct, conduct indicating a need for supervision or violation of probation was allegedly committed; (B) the juvenile probation department has jurisdiction and venue; and (C) either a face-to-face contact occurs with the officer or official designated by the juvenile board or written or verbal authorization to detain is given by the office or official designated by the juvenile board.

(6) Inter-County Transfer – the formal process initiated by a request from one Texas county (sending county) to another Texas County (receiving county) for the provision of interim and permanent supervision of an adjudicated Juvenile who is or will be residing in the receiving county. (7) Residential Placement--Supervision ordered by a juvenile court in accordance with Section 54.04(d)(1)(B) of the Texas Family Code where the Juvenile is placed on probation outside the child's home in either a foster



home, or a public or private institution or agency, or a secure post-adjudication facility registered with the Texas Juvenile Probation Commission. (8) Supervision-- The case management of a Juvenile by the assigned juvenile probation officer or designee through contacts (face-to-face, telephone, office, home, collateral) with the Juvenile, Juvenile's family, and other case planning participants. (9) TJPC Standard Screening Tool--An instrument provided by the Texas Juvenile Probation Commission to assist in identifying Juveniles who may have mental health needs. §341.402. TJPC Standard Screening Tool. (a) TJPC Standard Screening Tool. The TJPC Standard Screening Tool shall be completed for all Juveniles who receive a formal referral to the juvenile probation department. If the TJPC Standard Screening Tool has been completed within the previous 14 calendar days and is contained in the Juvenile's case record, the department is not required to complete an additional screening. (b) Time of Screening.

(1) Referrals Without Detention. The TJPC Standard Screening Tool shall be administered no later than 14 calendar days from the first face-to-face contact between the Juvenile and a juvenile probation officer. (2) Referrals With Detention.

(A) The TJPC Standard Screening Tool shall be administered to each Juvenile admitted into detention. (B) The TJPC Standard Screening Tool shall be administered within 48 hours from the time the Juvenile is admitted into detention.

(3) Subsequent Referrals While in Detention. The TJPC Standard Screening Tool shall not be required for any new referrals while the Juvenile is in detention.

(c) Administration of Instrument. Individuals administering the TJPC Standard Screening Tool shall receive training prior to its administration. This training shall be provided by TJPC staff or department staff who have received training directly from TJPC. §341.404. Case Planning. In accordance with Section 341.506 or 341.510 of this chapter, a written case plan shall be developed and implemented for Juveniles assigned to progressive sanctions levels three through five and any Juvenile given determinate sentence probation under Section 54.04(q) of the Texas Family Code. §341.406. Field Supervision Case Plan. (a) The initial case plans for Juveniles placed on field supervision shall:

(1) contain written documentation acknowledging that the plan was developed in consultation with the Juvenile's parent(s), legal guardian(s) or custodian(s), the Juvenile and the supervising juvenile probation officer and any other interested parties; (2) be completed no later than thirty (30) calendar days from the date of the Juvenile's disposition; (3) be signed and dated by the juvenileJuvenile, the Juvenile's parent(s), guardian(s) or custodian(s), supervising juvenile probation officer and any interested parties; (4) be maintained in the Juvenile's case file with written documentation verifying that copies were provided to the Juvenile and the Juvenile's parent(s), guardian(s) or custodian(s);



(5) The case plan shall contain the following:

(A) identified needs of the Juvenile and the Juvenile’s family; (B) goal(s) and interventions for the identified needsof the Juvenile and the Juvenile’s family; (C) identified services available, offered, or provided to the Juvenile and the Juvenile’s family to address their needs; and (D) the assigned level of supervision and contact schedule according to the department’s level of supervision policy as required in Section 341.516 of this chapter.

(6) The date of the juvenile probation officer’s signature on the case plan shall be used to determine the date of completion.

§341.408. Field Supervision Case Plan Review. (a) The Case plan shall be reviewed periodically but no less than once every six (6) months from the original disposition date;

(b) The Case plan review shall be reviewed in consultation with the Juvenile’s parent, legal guardian or custodian, the Juvenile and the supervising juvenile probation officer and any other interested parties;

(c) Each case plan review shall be signed and dated by the Juvenile, the Juvenile’s parent(s), legal guardian(s) or custodian(s) and the Juvenile’s supervising probation officer;

(d) The date of the juvenile probation officer’s signature on the case plan review shall be used to determine the date of completion; and

(e) Each case plan review shall be maintained in the juvenile’s case file with written documentation verifying that copies were provided to the juvenile and the juvenile’s parent(s), legal guardian(s) or custodian(s). (f) The case plan review shall:

(1) document the appropriateness of the juvenile's current level of supervision; (2) document the extent of the juvenile's and family’s progress toward achieving the goals identified in the case plan review; (3) a projection of a likely date the juvenile is expected to complete probation; and (4) document the appropriateness of the services being provided to the juvenile and the juvenile’s family to address identified needs.

(g) If a juvenile receives a court ordered modification of the terms and conditions of probation, a case plan review shall be completed no later than thirty (30) calendar days from the date the modification occurred. §341.410. Interim Supervision Case Plans. (a) The initial case plan shall be completed by the county with original jurisdiction over the child (i.e., sending county) no later than thirty (30) calendar days from the date of disposition and shall be developed in accordance with Section 341.506 of this Subchapter. (b) If the sending county fails to provide an initial case plan, the receiving county shall complete an initial case plan no later than thirty (30) calendar days from the first face to face contact with the juvenile and the family §341.412. Interim Supervision Case Plan Reviews.



(a) A case plan review shall be completed by the receiving county no later than thirty (30) calendar days from the first face to face contact with the juvenile and the family. (b) Subsequent case plan reviews shall be completed in accordance with Section 341.508 of this Subchapter. §341.414. Non-Secure Residential Placement Case Plan. (a) The initial case plans for juveniles placed in residential placement shall:

(1) be completed no later than thirty 30 calendar days from the juvenile's initial date of placement; (2) contain written documentation acknowledging that the plan was developed in consultation with the juvenile's parent(s), legal guardian(s) or custodian(s), the juvenile, the facility’s designee and the supervising juvenile probation officer; (3) contain specific goals using the nine domains listed in the case plan; (4) be signed by the juvenile and the juvenile's parent(s), legal guardian(s) or custodian(s), the facility’s designee and the juvenile's supervising probation officer; (5) the date of the facility designee’s signature on the case plan shall be the case plan completion date; and (6) be retained in the juvenile's case file with written documentation verifying that copies were provided to the juvenile, the juvenile's parent(s), legal guardian(s) or custodian(s) and the substitute care provider.

§341.416. Non-Secure Residential Placement Case Plan Review. (a) Case plans shall be reviewed periodically but no less than once every three (3) months from the juvenile’s initial date of placement.

(b) The juvenile and at least one parent(s), legal guardian(s), or custodian(s) shall participate in the case plan review with the facility’s designee and the juvenile's supervising juvenile probation officer.

(c) The case plan reviews shall measure the juvenile's progress toward meeting his/her goals.

(d) Case plan reviews shall be signed by the juvenile, the juvenile's parent, legal guardian, or custodian, the facility’s designee and the supervising juvenile probation officer.

(e) Case plan reviews shall be retained in the juvenile's case file with written documentation verifying that copies were provided to the juvenile, the juvenile's parent(s), legal guardian(s) or custodian(s) and the residential facility’s designee.

§343.418. Post-Placement Case Plan Requirements. (a) An initial case plan shall be developed for all juveniles released from a residential treatment facility within 30 calendar days of their release and shall contain all required elements outlined in Section 343.510 of this subchapter. (b) Case plans shall be reviewed periodically but no less than once every six (6) months from the date of release from placement and shall contain all required elements outlined in Section 343.512 of this subchapter. §341.420. Level of Supervision. (a) The juvenile probation department shall adopt written criteria the department will use to determine a juvenile's level of supervision and contact schedule while under field supervision. (b) A minimum of one face-to-face-contact per month is mandatory unless otherwise noted in the case plan. This contact shall be conducted by a juvenile probation officer.



§341.422. Exit Plan. (a) A written Exit Plan shall:

(2) be developed and completed no earlier than thirty (30) calendar days prior to the juvenile’s scheduled release from probation; (3) contain written documentation acknowledging that the Exit Plan was developed in consultation with the juvenile's parent(s), legal guardian(s) or custodian(s), the juvenile, the supervising juvenile probation officer and any other interested parties. (4) contain identified needs of the juvenile and services available to the Juvenile and the Juvenile’s family upon termination of probation; (5) contain written documentation that the parent and child were provided information on automatic restricted access of records as outlined in Section 58.203 of the Texas Family Code and sealing of records as outlined in Section 58.003 of the Texas Family Code; (6) be signed and dated by the juvenile, the juvenile’s parent(s), legal guardian(s) or custodian(s) and the supervising juvenile probation officer; and (7) shall be maintained in the juvenile's case file with written documentation verifying that copies were provided to the juvenile and the juvenile's parent(s), legal guardian(s) or custodian(s).

(b) The date of the juvenile probation officer’s signature on the Exit Plan shall be the date of completion. Subchapter E. DAY BOOT CAMPS. §341.500. Eligibility Criteria. A Juvenile under the jurisdiction of the juvenile court that has received a formal referral for delinquent conduct or conduct indicating a need for supervision (CINS). §341.502. Participation Prerequisites. (a) The Program Administrator shall review the following documents prior to the Juvenile’s participation in the program:

(1) a medical examination performed by a licensed physician or physician’s assistant within thirty (30) calendar days prior to the Juvenile’s participation in the program which includes a medical release acknowledging that the doctor or physician’s assistant has been apprized of the specific physical traing components of the program and that the Juvenile has no medical or physical conditions that contraindicate the juvenile’s participation in the program. (2) the physician’s acknowledgement of the Physical Training Program components; (3) a Mental Health Screening administered within thirty (30) calendar days prior to participating in the program; and (4) a Mental Health Assessment completed to determine the needs and/or limitations of the Juvenile, if a Positive Screening was indicated through the Mental Health Screening.

§341.504. Juvenile Records. (a) The Juvenile record shall, at minimum, include the following:

(1) name;



(2) date of birth; (3) current address; (4) social security number; (5) gender; (6) race; (7) name, relationship, address, and phone number of parent(s), guardian(s), or custodian(s); and (8) name, relationship, address, and phone number for an secondary emergency contact; (9) documentation that the Juvenile received the program orientation; and (10) program participation date(s) and time(s).

§341.506. Juvenile Orientation. (a) The program shall have written policies and procedures that address the Juvenile’s orientation of the program prior to participating. (b) The verbal orientation shall, at minimum, include an explanation of the Program’s:

(1) goals and services available; and (2) expectations for food, clothing and transportation. (3) rules and corresponding disciplinary sanctions; (4) grievance policies and procedures; (5) procedures to access health care and services available; (6) information regarding the reporting of suspected abuse, neglect or exploitation of a child in a juvenile justice program; (7) information stating that the Juvenile is ensured the right of confidentiality with regard to the items included in (b) (3)-(6) of this section and will not face reprisal for participating in the procedures included in items (b) (4)-(6) of this section.

(c) Each Juvenile and the Juvenile’s parent(s), legal guardian(s) or custodian(s) shall be provided a written copy of the orientation materials upon completion of the orientation process. (d) When a literacy problem or language barrier prevents a Juvenile or parent(s), legal guardian(s) or custodian(s) from understanding written rules, a staff member or translator shall assist in understanding of the rules. §341.508. Searches. (a) Searches of a Juvenile’s person or possession shall be conducted according to written policies and limited to certain conditions. (b) Prohibited Searches.

(1) Pat-down searches conducted by a staff of the opposite gender. (2) Strip searches or body cavity searches.

§341.510. Physical Training Program Plan. (a) The program shall have a written Physical Training Program Plan developed in consultation with a licensed physician or physician’s assistant and approved by the juvenile board. The plan shall:

(1) a physical fitness screening tool selected or developed by the Program Administrator or designee, which will address whether the Juvenile has the physical capability to fully participate in the Physical Training Program; (2) a curriculum that addresses the specific types of exercises authorized to be used within the program. The curriculum shall:

(A) define the time limitations of the individual exercises used in the Physical Training Program; and (B) define the set number of repetitions of each exercise per session;



(3) determine when outdoor weather conditions are too extreme or dangerous for physical training and address changes to scheduling when necessary to ensure the safety of Juveniles (i.e., seasonal scheduling changes to accommodate for weather patterns); (4) address provisions related to Juvenile’s hydration before, during and after exercise; and (5) address protocols for removal from the program if the Juvenile becomes unfit to participate in the Physical Training Program due to medical or mental health reasons.

§341.512. Physical Fitness Screening Tool. The Juvenile shall not participate in the Physical Training Program until an initial physical fitness screening has been completed. §341.514. Obstacle or Challenge Course. The program shall have written policies and procedures addressing the use of any obstacle course or challenge course. At a minimum, the policy shall require that: (a) an inspection be conducted and shall, at a minimum, ensure that:

(1) structural components are sound and free of significant deterioration or excessive wear; (2) all ropes, including wire support cables, are in good condition without signs of deterioration or corrosion; and (3) elements and structures are free of large splinters, burrs, protruding nails, screw heads and other hazards (4) all landing areas are free of obstructions and have not sunken and filled of water (5) all areas around and between obstacles are level, free of debris or trip hazards (i.e., standing water, tree roots);

(e) an inspection of the obstacle or challenge course be required before each use; and (f) provisions for the postponement of course use when weather conditions have caused the footing or handhold surfaces to become slippery. (g) The Juvenile shall be provided an orientation including an explanation and demonstration on the proper technique to complete the course. (h) The Juvenile shall be provided with the appropriate protective equipment. (i) The course shall be administered by a staff member properly trained or certified in the course. §343.516. Juvenile Rules and Disciplinary Sanctions. (a) The program shall have a written policy that defines rule violations and the corresponding sanctions. (b) A Juvenile shall receive an immediate notification of an alleged rule violation and the resulting consequence or sanction. (c) Juvenile rule violations resulting in a consequence or sanction shall be documented in the Juvenile's record with a description of the alleged violation and the corresponding consequence or sanction. (d) The following sanctions are prohibited:

(1) corporal punishment; (2) humiliating punishment; (3) one Juvenile sanctioning another; (4) group punishment for the acts of an individual; (5) deprivation of food and water;



(6) deprivation of appropriate clothing; and (7) deprivation of medical and mental health services.

§341.518. Disciplinary Sanctions. The program shall have written policies and procedures including guidelines, parameters, and limitations on the types of physical activity that may be utilized for discipline and refocusing purposes §341.520. Medical Referral. If a staff member believes any Juvenile to be in need of medical attention or if a Juvenile requests medical attention, the Juvenile shall be referred for medical services or allowed to be excused from the program. §341.522. Injury and Illness. If the Juvenile is at any time deemed unfit to participate in the Physical Training Program due to medical reasons, to return the Juvenile to the program, the program must obtain a written release signed by a licensed physician indicating that the Juvenile is fit to resume program activities. §341.524. Medical Release. Consent for Medical Treatment shall be governed by Chapter 32 of the Texas Family Code. §341.526. Medication. In accordance with Section 142.005 of the Texas Human Resources Code, the program shall have written policies and procedures governing the administration of medication to Juveniles. §341.528. Prohibited Supervision. Juveniles shall not be subjected to supervision and control by other Juveniles. §341.530. Work By Juveniles. (a) Juveniles may be required to perform the following kinds of work responsibilities without monetary compensation:

(1) assignments which are part of a formalized vocational training curriculum; (2) tasks performed as a community service pursuant to a juvenile court order; and (3) routine housekeeping chores which are shared by all youth in the program, including general facility maintenance.

(b) Juveniles shall not be permitted to perform any work prohibited by federal and state regulations pertaining to child labor. (c) Repetitive, purposeless, or degrading make-work is prohibited. (d) A Juvenile’s work assignments shall be excused or temporarily suspended if medically contra-indicated. (e) Juveniles shall be provided with the necessary supervision, appropriate tools, cleaning implements and clothing to safely and effectively complete their assignments. §341.532. Juvenile Meals. (a) The program shall develop a meal schedule that provides the Juvenile an opportunity to eat during regular meal time(s). (b) Juveniles shall be allowed no less than ten (10) minutes to eat once they have received their food. (c) If the program elects to provide meals, the meals shall be nutritionally balanced, well-planned, and served in a manner that meets governmental health and safety codes.



Subchapter F. ADVENTURE-BASED OUTDOOR INTERVENTION PROGRAMS. §341.600. Eligibility Criteria. Any Juvenile under the jurisdiction of the juvenile court that has been formally referred for delinquent conduct or conduct indicating a need for supervision (CINS). §341.602. Participation Pre-requisites. (a) The Program Administrator shall review the following documents prior to the Juvenile’s participation in the program:

(1) a medical examination performed by a licensed physician or physician’s assistant within thirty (30) calendar days prior to the Juvenile’s participation in the program which includes a medical release acknowledging that the Juvenile is able to participate in the specific Physical Training Program; (2) the physician’s acknowledgement of the Physical Training Program components; (3) a Mental Health Screening administered within thirty (30) calendar days prior to participating in the program; and (4) a Mental Health Assessment completed to determine the needs and/or limitations of the Juvenile, if a Positive Screening was indicated through the Mental Health Screening.

§341.604. Juvenile Records. (a) The Juvenile record shall, at minimum, include the following:

(1) name; (2) date of birth; (3) current address; (4) social security number; (5) gender; (6) race; (7) name, relationship, address, and phone number of parent(s), guardian(s), or custodian(s); and (8) name, relationship, address, and phone number for an secondary emergency contact; (9) documentation that the Juvenile received the program orientation; and (10) program participation date(s) and time(s).

§341.606. Juvenile Orientation. (a) The program shall have written policies and procedures that address the Juvenile’s orientation of the program prior to participating. (b) The verbal orientation shall, at minimum, include an explanation of the Program’s:

(1) goals and services available; and

(2) expectations for food, clothing and transportation. (3) rules and corresponding disciplinary sanctions; (4) grievance policies and procedures; (5) procedures to access health care and services available; (6) information regarding the reporting of suspected abuse, neglect or exploitation of a child in a juvenile justice program; (7) information stating that the Juvenile is ensured the right of confidentiality with regard to the items included in (b) (3)-(6) of this section and will not face reprisal for participating in the procedures included in items (b) (4)-(6) of this section.



(c) Each Juvenile and the Juvenile’s parent(s), legal guardian(s) or custodian(s) shall be provided a written copy of the orientation materials upon completion of the orientation process. (d) When a literacy problem or language barrier prevents a Juvenile or parent(s), legal guardian(s) or custodian(s) from understanding written rules, a staff member or translator shall assist in understanding of the rules. §341.608. Searches. (a) Searches of a Juvenile’s person or possession shall be conducted according to written policies and limited to certain conditions. (b) Prohibited Searches.

(1) Pat-down searches conducted by a staff of the opposite gender. (2) Strip searches or body cavity searches.

§341.610. Adventure-Based Outdoor Intervention Program Plan. (a) The program shall have a written Adventure-Based Outdoor Intervention Program Plan that requires:

(1) the program to designate a person responsible for the supervision of the Adventure-Based Outdoor Intervention Program; (2) that all prospective participant’s are screened in order to determine if they posses the necessary experience and competency levels to safety participate in the program; (3) Juveniles be provided with equipment that is appropriate to the activity, properly sized and adjusted where applicable, and in good condition.

§341.612. Aquatic Activities. (a) The program shall have written policies and procedures that requires:

(1) all Juveniles participating in any aquatic activity demonstrate adequate swimming skills prior to participation in the program; (2) all boats used for open water activities meet watercraft requirements of Texas Parks and Wildlife; (3) a certified life guard be present during any aquatic activities. (4) a Coast Guard approved personal floatation device shall be worn while in a watercraft; (5) shore line and off-shore activities shall include provisions for;

(A) sufficient supervision by staff trained in emergency procedures; (B) availability of emergency equipment, such as a life-line; (C) regular head counts; and (D) use of Coast Guard approved flotation devices for all Juvenile who are identified as non swimmers when the activity is within 50 feet of the shoreline.

(6) a stock tank used by livestock shall not be used for any aquatic activities.

§341.614. Obstacle or Challenge Courses. The program shall have written policies and procedures addressing the use of any obstacle course or challenge course. At a minimum, the policy shall require that: (a) an inspection be conducted and shall, at a minimum, ensure that:



(1) structural components are sound and free of significant deterioration or excessive wear; (2) all ropes, including wire support cables, are in good condition without signs of deterioration or corrosion; and (3) elements and structures are free of large splinters, burrs, protruding nails, screw heads and other hazards (4) all landing areas are free of obstructions and have not sunken and filled of water (5) all areas around and between obstacles are level, free of debris or trip hazards (i.e., standing water, tree roots);

(e) an inspection of the obstacle or challenge course be required before each use; and (f) provisions for the postponement of course use when weather conditions have caused the footing or handhold surfaces to become slippery. (g) The Juvenile shall be provided an orientation including an explanation and demonstration on the proper technique to complete the course. (h) The Juvenile shall be provided with the appropriate protective equipment. (i) The course shall be administered by a staff member properly trained or certified in the course. §341.616. Camping and Hiking Programs. (a) Staff shall ensure the following:

(1) Each Juvenile participating in the hiking or camping activity has the clothing, equipment, and provisions necessary to protect the Juvenile from the environment, including insect repellent and sunscreen; (2) A Juvenile does not carry a load of more than 30% of the Juvenile’s body weight; (3) In temperatures above 80 degrees Fahrenheit:

(A) a Juvenile shall be offered a minimum of three quarts of drinking water per day; and (B) drinking water used during a hiking or camping excursion is from a source known to be safe or shall be rendered safe.

(b) Overnight Excursions. For each overnight excursion an itinerary shall be generated and include but be not limited to the following information:

(1) time of departure, estimated time of arrival and anticipated time of return; (2) destination; (3) sources of emergency care available (i.e., hospitals and law enforcement; and (4) methods of communicating with sources of emergency care.

(c) During an overnight excursion, the program shall provide each Juvenile with:

(1) adequate shelter, such as a tent, tarp, or cabin; and (2) reasonable insulation from cold and dampness by (i.e.,rain fly, ground cloth, insulated pad under bedrolls or sleeping bags). (3) Open air sleeping is allowable if:

(A) the weather permits;



(B) the Juvenile consents; and (C) a ground cloth and an insulated pad under bedrolls or sleeping bags are provided.

(4) Each Juvenile shall be provided with:

(A) an individual bed, bedroll, or sleeping bag; and

(B) extra linens as needed for the Juvenile’s warmth and comfort (i.e., a blanket).

§343.618. Juvenile Rules and Disciplinary Sanctions. (a) The program shall have written policy that defines rule violations and the corresponding sanctions. (b) A Juvenile shall receive an immediate notification of an alleged rule violation and the resulting consequence or sanction; (c) Juvenile rule violations resulting in a consequence or sanction shall be documented in the Juvenile's record with a description of the alleged violation and the corresponding consequence or sanction; (d) The following sanctions are prohibited:

(1) corporal punishment; (2) humiliating punishment; (3) one Juvenile sanctioning another; (4) group punishment for the acts of an individual; (5) deprivation of food and water; (6) deprivation of appropriate clothing; and (7) deprivation of medical and mental health services.

§341.620. Disciplinary Sanctions. The program shall have written policies and procedures including guidelines, parameters, and limitations on the types of physical activity that may be utilized for discipline/refocusing purposes §341.622. Medical Referral. If a staff member believes any Juvenile to be in need of medical attention or if a Juvenile requests treatment, the Juvenile shall be referred for medical services or be allowed to contact their parent, guardian, or custodian to seek medical attention. §341.624. Medication. In accordance with Section 142.005 of the Texas Human Resources Code, the program shall have written policies and procedures governing the administration of medication to Juveniles. §341.626. Injury and Illness. If the Juvenile is at any time deemed unfit to participate in the Adventure Based Outdoor Intervention Program due to medical reasons, to return the Juvenile to the program, the program shall obtain a written release signed by a licensed physician indicating that the Juvenile is fit to resume program activities. §341.628. Medical Release. Consent for Medical Treatment shall be governed by Chapter 32 of the Texas Family Code. §341.630. Prohibited Supervision. Juveniles shall not be subjected to supervision and control by other Juveniles.



§341.632. Work By Juveniles. (a) Juveniles may be required to perform the following kinds of work responsibilities without monetary compensation:

(1) assignments which are part of a formalized vocational training curriculum; (2) tasks performed as a community service pursuant to a juvenile court order; and (3) routine housekeeping chores which are shared by all Juvenile in the program, including general facility maintenance.

(b) Juveniles shall not be permitted to perform any work prohibited by state or federal regulations pertaining to Juvenile labor. (c) Repetitive, purposeless, or degrading make-work is prohibited. (d) A Juvenile’s work assignments shall be excused or temporarily suspended if medically contra-indicated. (e) Juveniles shall be provided with the necessary supervision, appropriate tools, cleaning implements and clothing to safely and effectively complete their assignments. §341.634. Juvenile Meals. (a) The program shall develop a meal schedule that provides the Juvenile an opportunity to eat during regular meal time(s). (b) Juveniles shall be allowed no less than ten (10) minutes to eat once they have received their food. (c) If the program elects to provide meals, the meals shall be nutritionally balanced, well-planned, and served in a manner that meets governmental health and safety codes. §341.636. Food Storage. (a) Perishable foods shall be refrigerated when required. (b) If an ice chest is used to refrigerate food during the excursion, the program shall provide adequate ice at all times. §341.638. First Aid Each first-aid kit shall, at a minimum, contain the following supplies: (a) a current guide to first aid and emergency care; (b) adhesive tape; (c) antiseptic solution or wipes; (d) cotton balls; (e) multi-size adhesive bandages; (f) scissors; (g) sterile gauze pads; (h) thermometer; (i) tweezers; and



(j) waterproof, disposable gloves. §341.640. Transportation (a) Policies shall govern the use of motor vehicles to transport Juveniles enrolled in the Adventure-Based Outdoor Intervention Program.

(b) Policies shall address:

(1) methods of transportation authorized; (2) security and supervision; (3) authorized transport personnel; (4) emergency procedures; and (5) the requirement of at least auto liability insurance on all vehicles as required by the Texas Department of Transportation; and (6) the requirement that all vehicles are inspected as required by the Texas Department of Transportation.

Subchapter G. COMMUNITY SERVICE PROGRAMS. §341.700. Authorized Community Service Projects for Progressive Sanction Levels 3, 4, and 5. A Juvenile placed on probation supervision under Section 54.04(d) of the Texas Family Code shall only be assigned to community service projects and sites that are formally approved by the juvenile court entering the disposition as required in Section 54.044(a) of the Texas Family Code. §341.702. Authorized Community Service Projects for Progressive Sanction Level 2 Supervision. (a) A Juvenile placed on Progressive Sanctions Level 2 under Section 59.005(a)(2) of the Texas Family Code shall only be assigned to community service projects and sites that are designated by the juvenile probation department and formally approved by the juvenile board; and (b) Department designated community service projects and sites shall be limited to governmental organizations, charitable organizations, and educational institutions. Community service projects targeting the removal of graffiti may take place on public and private property. §341.704. Juvenile Screening Process. (a) Community service programs shall have written policy, procedure and practices to ensure that prior to performing community service duties a screening process has been completed that minimally includes:

(1) a review of the juvenile’s criminal history and social history information to determine the appropriateness of the specific community service project or site. This review shall include a screening component which specifically assesses the public safety risk associated with project or site assignments for juveniles with a history of inappropriate sexual behavior or an adjudication of a sex offense as defined in Chapter 21 of the Texas Penal Code; (2) the juvenile’s skills level as they relate to the prospective work responsibilities; (3) if applicable, the juvenile’s transportation needs and limitations; and (4) the juvenile’s physical health and capabilities.

§341.706. Juvenile Participant Orientation.



(a) Community service programs shall have written policy, procedure and practices to ensure that:

(1) juveniles are sufficiently trained to undertake the duties and responsibilities associated with their specific community service assignment; (2) the juvenile’s parent or guardian is provided written notice of the specific project assignment(s) and a general description of the work or responsibilities their child will be required to perform.

§341.708. Juvenile Participant Monitoring and Safety Provisions. (a) Community service programs shall have written policy, procedure and practices to ensure:

(1) the immediate emergency notification of the juvenile’s parent or guardian in the event of a juvenile injury, illness or custodial arrest for a new offense or probation violation; (2) that department staff shall maintain confidentiality concerning information on offenders working at the worksite and provide certain information to project staff only on a “need to know” basis; (3) that all juveniles are provided with responsible adult supervision during program activities; (4) that all juveniles are provided with the appropriate tools, cleaning implements, clothing, and safety equipment to safely and effectively complete their assignments.

§341.710. General Prohibitions: (a) Community service assignments shall not: (1) interfere with a juvenile’s compulsory or court ordered school attendance requirements. (2) unnecessarily interfere with a juvenile’s legal and gainful paid employment. (3) require juveniles to perform duties, operate equipment or machinery, and handle materials that are prohibited by Federal and State child labor laws. (4) require juveniles to work in an occupation or on a work site that may be hazardous or injurious to the life, health, safety or welfare (5) include repetitive, purposeless, or degrading make-work.

Subchapter H. RESTRAINTS §341.800. Definitions. The following words and terms when used in this Chapter shall have the following meanings, unless otherwise expressly defined in the Chapter. (1) Approved Personal Restraint Technique – A professionally trained curriculum-based and competency based restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints. The Approved Personal Restraint Technique shall be approved for use by the Commission. (2) Approved Mechanical Restraint Devices – A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. The Approved Mechanical Restraint Devices shall be approved by the Commission. The following are Commission Approved Mechanical Restraint Devices:



(A) Ankle Cuffs -- Metal, cloth or leather band designed to be fastened around the ankle to restrain free movement of the legs; (B) Anklets – Cloth or leather band designed to be fastened around the ankle or leg; (C) Handcuffs – Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms; (D) Plastic Cuffs – Plastic devices designed to be fastened around the wrist or legs to restrain free movement of hands, arms or legs; (E) Waist Belt – A cloth, leather, or metal band designed to be fastened around the waist used to secure the arms to the sides or front of the body; and (F) Wristlets – A cloth or leather band designed to be fastened around the wrist which may be secured to a waist belt or used in a Non-Ambulatory Mechanical Restraint;

(3) Mechanical Restraint – The application of an Approved Mechanical Restraint Device which restricts or aids in the restriction of the movement of the whole or a portion of an individual’s body to control physical activity. (4) Personal Restraint – The application of physical force alone, restricting the free movement of the whole or a portion of an individual's body to control physical activity. (5) Restraint – Application of an Approved Personal Restraint Technique or an Approved Mechanical Restraint Device to an individual to restrict the individual’s freedom of movement or to modify the individual’s behavior. §341.802. Requirements. (a) Restraints shall only be used by Juvenile Supervision and probation Officers; (b) prior to participating in any Restraint, juvenile probation officers and Juvenile Supervision Officers shall be trained in the use of the department’s specific verbal de-escalation policies, procedures, and practices; (c) prior to participating in a Physical Restraint, juvenile probation officers and Juvenile Supervision Officers shall have received training in the restraint used and have demonstrated competency in the use of that restraint; (d) Restraints shall only be used in instances of threat of imminent self injury, injury to others, or serious property damage; (e) Restraints shall only be used as a last resort; (f) only the amount of force and type of Restraint necessary to control the situation shall be used; (g) Restraints shall be implemented in such a way as to protect the health and safety of the Juvenile and others; and (h) Restraints shall be terminated as soon as the Juvenile's behavior indicates that the threat of imminent self injury, injury to others, or serious property damage has subsided. §341.804. Prohibitions. Restraints that employ a technique listed below are prohibited: (a) Restraints used for punishment, discipline, retaliation, harassment, compliance, intimidation, or as a substitute for an appropriate Disciplinary Seclusion; (b) Restraints that deprive the Juvenile of basic human necessities including restroom privileges, water, food and clothing;



(c) Restraints that are intended to inflict pain; (d) Restraints that place a Juvenile in a prone or supine position with sustained or excessive pressure on the back, chest or torso; (e) Restraints that place a Juvenile in a prone or supine position with pressure on the neck or head; (f) Restraints that obstruct(s) the Juvenile’s airway including a procedure that places anything in, on, or over the Resident’s mouth or nose; (g) Restraints that interfere(s) with the Juvenile's ability to communicate; (h) Restraints that obstruct the view of the Juvenile's face; (i) any technique that does not require the monitoring of the Juvenile's respiration and other signs of physical distress during the Restraint; and (j) percussive or electrical shocking devices. §341.806. Documentation. Except as required by Section 341.??? of this Chapter all Restraints shall be fully documented and maintained. Written documentation regarding the use of Restraints shall require at a minimum: (a) name of Juvenile; (b) staff member(s) name and title(s) who administered the Restraint; (c) date of the Restraint; (d) duration of each type of Restraint including notation of the time each type of Restraint began and ended; (e) location of the Restraint; (f) description of preceding activities; (g) behavior which prompted the initial and the continued restraint of the Juvenile; (h) type of Restraint(s) applied;

(1) specific type of personal restraint hold applied; (2) any type of mechanical restraint device(s) applied; and

(i) efforts made to de-escalate the situation and alternatives to Restraint that were attempted; and (j) whether or not any injury occurred during the Restraint and the description of the injury. §341.808. Personal Restraint. In addition to the requirements found in Sections 341.702 - 341.706 of this Chapter, the use of Personal Restraints shall be governed by following criteria: (a) Personal Restraints shall be administered in a manner specific, or consistent, to the Approved Personal Restraint Technique adopted by the department. (b) Juvenile Supervision and probation Officers shall be re-trained in the Approved Personal Restraint Technique at least every 365 calendar days.



§341.810. Mechanical Restraint. (a) Requirements.

(1) Only the Approved Mechanical Restraint devices shall be used by a department; (2) Mechanical Restraint Devices shall only be used in a manner consistent with their intended use; (3) all mechanical restraint devices shall be inspected at least every 365 calendar days, with all faulty or malfunctioning devices restricted from use until being repaired or replaced; and

(b) Prohibitions.

(1) Approved Mechanical Restraint Devices shall not be altered from the manufacturer's design; (2) a Juvenile shall not be placed in a prone position while restrained in any Mechanical Restraint for a period of time longer than necessary to apply the restraint devices; (3) a Mechanical Restraint shall not secure a Juvenile in a prone or supine position with his or her arms and/or hands behind the Juvenile's back and secured to the Juvenile's legs; (4) Approved Mechanical Restraint Devices shall not be secured so tightly as to interfere with circulation nor so loosely as to cause chafing of the skin; (5) Approved Mechanical Restraint Devices shall not be secured to a stationary object; (6) a Resident in Approved Mechanical Restraint Devices shall not participate in any physical activity; and (7) plastic cuffs shall only be used in emergency situations.

§341.812. Transporting. (a) Mechanical Restraints used during routine transportation in a vehicle, or the taking of a Juvenile into custody are not required to be documented as a Restraint. (b) During transportation of a Juvenile in a vehicle the juvenile may not be affixed to any part of the vehicle. (c) During transportation in a vehicle a Juvenile may not be secured to another Juvenile.

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