Law:Title 3. Facilities And Services For Children. Subtitle A. Facilities For Children from Chapter 63. Residential Facilities For Certain Delinquent Children (Texas)

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Subtitle A. Facilities For Children

Contents

Chapter 63. Residential Facilities For Certain Delinquent Children

Section 63.001.  Definitions.

In this chapter:

(1)  "Juvenile" means a person from the age of 10 to 18 years who has been found to have engaged in delinquent conduct by a court of competent jurisdiction.

(2)  "Facility" means a residential facility for the placement of juveniles for periods up to one year in length.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.003, eff. September 1, 2009.



Section 63.002.  Authority To Operate Facility.

A county or a combination of counties may, and they are hereby authorized to, elect to own, establish, operate, and staff a long-term residential facility for the detention of juvenile offenders.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.004, eff. September 1, 2009.



Section 63.003.  Governmental Nature Of Facility.

The facility is an agency of the state, a governmental unit, and a unit of local government as defined and specified by Chapters 101 and 102, Civil Practice and Remedies Code, and a local government as defined by Section 791.003, Government Code.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.005, eff. September 1, 2009.



Section 63.004.  Board Of Trustees:  Single County Facility.

The facility shall be governed by a board of trustees.  The board of trustees for a facility created by a single county may be the commissioners court of the forming county, or the commissioners court may appoint from the qualified voters of the region to be served a board of trustees consisting of no less than five nor more than nine persons.  If the board of trustees is appointed from the qualified voters of the region to be served, the terms of the members thereof shall be staggered by appointing not less than one-third nor more than one-half of the members for one year, or until their successors are appointed, and by appointing the remaining members for two years, or until their successors are appointed.  Thereafter, all appointments shall be made for a two-year period, or until their successors are appointed.  Appointments made to fill unexpired terms shall be for the period of the unexpired term, or until a successor is appointed.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.006, eff. September 1, 2009.



Section 63.005.  Board Of Trustees:  Combination Of Counties Facility.

A facility created by a combination of counties shall be governed by a board of trustees.  Such board of trustees shall consist of not less than five nor more than nine members selected from the commissioners court of such counties, or such commissioners court may jointly appoint a board of trustees from among the qualified voters of the region to be served in the manner described above.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.007, eff. September 1, 2009.



Section 63.006.  Board Meetings.

The board of trustees shall make rules to govern the holding of regular and special meetings.  All meetings of the board of trustees shall be open to the public to the extent required by and in accordance with the general law of this state requiring meetings of governmental bodies to be open to the public.  Should the board of trustees discuss any juvenile either in residence in the facility, being transferred to the facility, or who has formerly been a resident of the facility, such discussion shall be conducted in closed session, and such discussion, or any record thereof, shall not be open to the public.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.008, eff. September 1, 2009.



Section 63.007.  Quorum.

A majority of the membership of the board of trustees shall constitute a quorum for the transaction of business.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.009, eff. September 1, 2009.



Section 63.008.  Facility Administration.

The board of trustees is responsible for the administration of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.010, eff. September 1, 2009.



Section 63.009.  Board Policies.

The board of trustees shall develop policies consistent with the rules, regulations, and standards of the Texas Juvenile Probation Commission.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.011, eff. September 1, 2009.



Section 63.010.  Standardized Personnel Qualifications.

The board of trustees shall standardize qualifications for personnel positions in the community center consistent with those established by the Texas Juvenile Probation Commission.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.012, eff. September 1, 2009.



Section 63.011.  Advisory Committees.

The board of trustees may appoint advisory committees to advise the board on matters relating to the administration of the facility.  No such committee shall consist of less than five members, and the appointment of such committees shall not relieve the board of trustees of final responsibility and accountability as provided in this chapter.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.013, eff. September 1, 2009.



Section 63.012.  Facility Executive Director:  Appointment.

The board of trustees shall appoint an executive director for the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.014, eff. September 1, 2009.



Section 63.013.  Facility Executive Director:  Delegated Powers.

The executive director shall have the powers delegated by and be subject to the policy direction of the board of trustees.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.015, eff. September 1, 2009.



Section 63.014.  Facility Personnel.

The board of trustees or the director may employ and train personnel for the administration of the various programs and services of the facility.  The employee shall be provided the appropriate rights, privileges, and benefits available to the employees of the governing bodies that establish the facility.  The board of trustees is authorized to provide workers' compensation benefits in the manner provided by Chapter 504, Labor Code.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.64, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.016, eff. September 1, 2009.



Section 63.015.  County Contributions.

Each county participating in the creation of the facility may contribute lands, buildings, personnel, and funds for the administration of the various programs and services of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.017, eff. September 1, 2009.



Section 63.016.  Gifts, Grants, And Donations.

The board of trustees of the facility may accept gifts, grants, and donations of money, personal property, and real property for use in the administration of its programs and services.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.018, eff. September 1, 2009.



Section 63.017.  Single County Facility:  Acquisition Of Real Property; Rules For Admission; Rates Charged.

(a) In the instance of a facility formed by a single county, the commissioners court of the creating county may acquire, through gift, purchase, condemnation, or any other method, real property for the purpose of locating a facility on such property.  Such property may be acquired outside of the boundaries of the creating county if, in the opinion of the commissioners court of the forming county, there will exist a demand for the services to be provided by the facility in the county in which the facility is to be located in addition to any need which may already exist within the boundaries of the creating county.

(b)  The board of trustees for a facility created by a single county shall establish rules and regulations for the admission of juveniles into the facility from other than the forming county.  Such rules may allow that the forming county shall have priority in the placement of its juveniles into the facility.  The board may establish a rate of charges to be paid by the county of origin of the juvenile being placed into the facility, and such rates may be reduced for those juveniles being admitted from the county which created the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.019, eff. September 1, 2009.



Section 63.018.  Combination Of Counties Facility:  Acquisition Of Real Property; Rules For Admission; Rates Charged.

(a) In the instance of a facility being created by two or more counties, the commissioners courts of the forming counties may acquire, by gift, purchase, condemnation, or other means, real property for the purpose of locating the facility on such property.  The method of acquisition and the amount of cost sharing between those counties shall be negotiated among the forming counties and reduced to contract.  Such property to be acquired shall be situated within the boundaries of any one of the creating counties.

(b)  The board of trustees for a facility created by an organizational component of two or more counties shall establish rules and regulations for the admission of juveniles who are residents of other than the creating counties.  The board may establish a rate of charges to be paid by the county of origin of the juvenile being placed into the facility, and those rates may be reduced for juveniles being admitted from a county that was part of the organizational component that created the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.020, eff. September 1, 2009.



Section 63.019.  Rules Regulating Administration Of Services.

The board of trustees may make rules consistent with those promulgated by the Texas Juvenile Probation Commission and the policies, principles, and standards provided in this Act to regulate the administration of services by the facility to the juveniles placed into the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.021, eff. September 1, 2009.



Section 63.020.  Minimum Services To Be Provided.

The board of trustees will provide at least the following services to a juvenile who is placed into the facility:

(1)  Education.  Upon admission into the facility, the juvenile will be tested to determine his educational level, and a program of instruction consistent with the juvenile's educational level shall be developed to educate the juvenile.  Education shall be given to each juvenile admitted in the facility consistent with the standards set forth by the Texas Juvenile Probation Commission.

(2)  Counseling.  Upon admission into the facility, the juvenile shall be examined by a trained psychologist or psychiatrist to determine if the juvenile would benefit from a program of counseling.  At the completion of such examination, the findings of the psychologist or psychiatrist shall be forwarded to the director in the form of a recommendation that counseling be given to the juvenile, along with a program of counseling to be adhered to by the staff of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.022, eff. September 1, 2009.



Section 63.021.  List Of Services.

The board of trustees of the facility shall devise a list of services that it will offer to each juvenile who is placed into the facility for the use by the court in making its determination as to whether the juvenile would benefit by admission into the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.023, eff. September 1, 2009.



Section 63.022.  Facility Research And Recruitment And Training Of Personnel; Contracts Authorized.

The facility may engage in research and in recruitment and training of personnel in support of its programs and services and may make contracts for those purposes.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.024, eff. September 1, 2009.



Section 63.023.  Fees For Services.

The board of trustees for the facility may charge reasonable fees to cover costs for services provided, except where prohibited by other service contracts or by law.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.025, eff. September 1, 2009.



Section 63.024.  Payment Of Fees By County.

In collecting fees for the treatment rendered juveniles, the director will bill directly that county in which the juvenile resided prior to his admission to the facility.  The county that receives such a bill from the director must pay that bill within 45 days of its receipt.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.026, eff. September 1, 2009.



Section 63.025.  Admission Of And Payment For Services Provided To Juveniles Residing In Another County.

The board of trustees may provide that juveniles who reside outside the boundaries of a county that participated in the formation of the facility may be admitted to the facility.  However, the charges to the county of residence of the juvenile may be billed at a rate higher than that charged to a county that participated in the formation of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.027, eff. September 1, 2009.



Section 63.026.  Court-ordered Admission.

A juvenile may be admitted upon the order of a court of competent jurisdiction that finds that the juvenile has engaged in delinquent conduct and is in need of supervision or is experiencing a dysfunctional home environment and will benefit from placement in the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.028, eff. September 1, 2009.



Section 63.027.  Limitation On Period For Juvenile's Residence.

The court will include in its order the length of time that the juvenile will reside in the facility, which will not exceed a period of one year.  At the conclusion of the one-year period, the court will make a determination as to whether the juvenile will benefit from further residence within the facility.  The court may then order the juvenile to be placed into the facility for additional time not to exceed one year.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.029, eff. September 1, 2009.



Section 63.028.  Modification Of Court Order.

The court may modify any order by which a juvenile is placed in the facility upon recommendation of the director of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 13.030, eff. September 1, 2009.


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