Texas Administrative Code

1 Texas Administrative code Title 37 Public Safety and Corrections Part 11 Texas Juvenile Justice Department Chapter 343 Secure Juvenile Pre-Adjudication Detention and Post-Adjudication Correctional Facilities Subchapter A Resident Searches Review and Dissemination of Definitions, Applicability, and General Hygiene Plan Suicide Prevention Plan Documentation Requirements Mental Health Referral of Resident Showers Definitions High-Risk Suicidal Youth Bedding Interpretation and Supervision of High-Risk Applicability Towels Suicidal Youth Waivers and Variances Clothing Supervision of Moderate-Risk Facility Maintenance, Suicidal Youth Document Retention Cleanliness, and Appearance Suicidal Youth Log Observation Records Resident Discipline Plan Visitation Formal Disciplinary Reviews Limitations on Visitation Subchapter B for Major Rule Violations Pre-Adjudication and Post-Adjudication Access to Attorney Formal Disciplinary Review Secure Facility Standards Telephone Process Authority to Operate Secure Resident Appeals Mail Juvenile Facility Limitations on Mail Disciplinary Review Log Acceptance of Residents Legal Correspondence Disciplinary Seclusion Facility Governing Board Inspection of Mail Room Restriction Certification and Registration Illegal Discrimination of Facility Resident-Initiated Separation Safety-Based Seclusion Prohibited Supervision Policy, Procedure.

2 And Practice Safety-Based Seclusion Work by Residents Designation of Facility Reviews Experimentation and Administrator Protective Isolation Research Studies Duties of Facility Separation Status Log Resident Grievance Process Administrator Grievance Appeals Nutritional Requirements Data Collection Grievance Officer Menu Plans Location and Operations Grievance Documentation Modified Diets Population Religious Services Mealtime Prohibitions Heating, Cooling, and Volunteers and Interns Ventilation Staff Meals Alternate Power Source Daily Meal Schedule Subchapter C. Lighting On-Site Food Preparation Secure Pre-Adjudication Detention Dining Area Off-Site Food Preparation Facility Standards Specialized housing Health Service Authority Intake and Admission housing for Residents with Health Service Plan Assessment Isolation Physical Disabilities Health Services Coordinator Mental Health Screening and Program Areas Medical Referral Referral Secure Storage Areas Consent for Medical Health Screening Hazardous Materials Treatment Health Assessment Safety Codes Medical Treatment for Victims Personal Hygiene of Abuse Fire Safety Plan Personal Property Behavioral Health Care Fire Safety Officer Services for Sexual Abuse Orientation Fire Drills Victims Behavioral Screening Non-Fire Emergency Confidentiality Classification

3 Plan Preparedness Plan Medication Administration Admission Records Internal Security Medical Isolation Format and Maintenance of External and Perimeter Suicide Prevention Plan Records Security 37 TAC Chapter 343 Page 1 of 83. 2/1/18 Revision Texas Administrative code Content of Resident Records Instructional Days Washbasin Requirements-- housing Records Special Education SOHU. Release Procedures Educational Space Drinking Fountain--SOHU. Qualifications to Provide Orientation for Educational Use and Design--MOHU. Resident Supervision Staff Spatial Requirements--MOHU. Additional Training Required Supervision During Shower Facilities--MOHU. for Certified Officers Hired by Educational Program Toilet Facilities--MOHU. a Different Department Reading Materials Washbasin Requirements-- Minimum Facility Supervision Recreation and Exercise MOHU.

4 Gender Supervision Drinking Fountain--MOHU. Requirement Subchapter D Exercise and Day Room Facility-Wide Ratio Areas Secure Post-Adjudication Correctional On-Premises Supervision Program Hours Facility Standards Requirements Required Pre-Admission Educational Program Supervision Ratio--SOHU. Records Instructional Days Level of Supervision--SOHU. Intake and Admission Special Education Supervision Ratio--MOHU. Health Screening Educational Space Level of Supervision--MOHU. Orientation Orientation for Educational Off-Premises Supervision Staff Classification Plan Requirements Classification Plan-- Supervision During Exceptions to Requirement to Educational Program be Supervised by Juvenile Segregation Supervision Officer Admission Records Vocational Training Program Primary Control Room Format and Maintenance of Reading Materials Records Recreation and Exercise Use and Design--SOHU.

5 Content of Resident Records Rehabilitative Services Spatial Requirements--SOHU. housing Records Case Plan Coordination Shower Facilities--SOHU. Release Procedures Physical Training Program Toilet Facilities--SOHU. Qualifications to Provide Governing Board Approval Washbasin Requirements-- Resident Supervision SOHU Pre-Admission Requirements Additional Training Required Drinking Fountain--SOHU Physical Training Program for Certified Officers Hired by Applicability of Standards-- a Different Department Plan MOHU Injury and Illness Minimum Facility Supervision Pre-Assignment Screening Disciplinary Sanctions Gender Supervision Process--MOHU. Requirement Physical Fitness Screening Administrative Approval-- Tool Facility-Wide Ratio MOHU. On-Premises Supervision Classification Plan--MOHU.

6 Requirements Subchapter E. Eligibility Criteria--MOHU. Supervision Ratio Restraints Use and Design--MOHU. Level of Supervision--SOHU Definitions Spatial Requirements--MOHU. Level of Supervision--MOHU Requirements Shower Facilities--MOHU Off-Premises Supervision Prohibitions Requirements Toilet Facilities--MOHU Documentation Exceptions to Requirement to Washbasin Requirements-- be Supervised by Juvenile Personal Restraint MOHU Supervision Officer Mechanical Restraint Drinking Fountain--MOHU Primary Control Room Non-Ambulatory Mechanical Exercise and Common Use and Design--SOHU Restraints Activity Areas Chemical Restraints Spatial Requirements--SOHU. Program Hours Preventative Mechanical Shower Facilities--SOHU. Educational Program Restraints Toilet Facilities--SOHU.

7 37 TAC Chapter 343 Page 2 of 83. 2/1/18 Revision Texas Administrative code Subchapter A. Definitions, Applicability, and General Documentation Requirements Definitions Effective Date: 6/1/16. 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.

8 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.

9 (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;. 37 TAC Chapter 343 Page 3 of 83. 2/1/18 Revision Texas Administrative code (-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.

10 (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.