Law:Title 10. Juvenile Boards, Juvenile Probation Departments, And Family Services Offices (Texas)

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Subtitle A. Juvenile Probation Services

Contents

Chapter 141. Texas Juvenile Probation Commission

Subchapter A. General Provisions

Section  141.001.  Purposes.

The purposes of this chapter are to:

(1)  make probation services available to juveniles throughout the state;

(2)  improve the effectiveness of juvenile probation services;

(3)  provide alternatives to the commitment of juveniles by providing financial aid to juvenile boards to establish and improve probation services;

(4)  establish uniform standards for the community-based juvenile justice system;

(5)  improve communications among state and local entities within the juvenile justice system; and

(6)  promote delinquency prevention and early intervention programs and activities for juveniles.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 1, eff. Sept. 1, 1997.



Section  141.002.  Definitions.

In this chapter:

(1)  "Commission" means the Texas Juvenile Probation Commission.

(2)  "Director" means the executive director of the commission.

(3)  "Employee in the criminal or juvenile justice system" means:

(A)  a person employed as a peace officer, county or district attorney, probation officer, parole officer, or corrections officer;

(B)  a person employed by a court; or

(C)  a person employed by a public or private agency or institution to which children may be committed under the Family Code.

(4)  "Juvenile board" means a body established by law to provide juvenile probation services to a county.

(5)  "State aid" means funds allocated by the commission to a juvenile board to financially assist the board in achieving the purposes of this chapter and in conforming to the commission's standards and policies.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Subchapter B. Administrative Provisions

Section  141.011.  Composition Of Commission.

(a) The commission consists of:

(1)  two district court judges who sit as juvenile court judges;

(2)  two county judges or commissioners;

(3)  one chief juvenile probation officer;

(4)  one mental health treatment professional licensed under Subtitle B or I, Title 3, Occupations Code;

(5)  one educator, as that term is defined by Section 5.001, Education Code;

(6)  one member who represents an organization that advocates on behalf of juvenile offenders or victims of delinquent or criminal conduct; and

(7)  one member of the public who is not an employee in the criminal or juvenile justice system and is recognized in the community for the person's interest in youth.

(b)  Commission members are appointed by the governor with the advice and consent of the senate.

(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 318, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.001, eff. June 19, 2009.



Section 141.012.  Sunset Provision.

(a) The Texas Juvenile Probation Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2011.

(b) Expired.

(1) Expired.

(2) Expired.

(3) Expired.

(c) Expired.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.02, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, Sec. 1.02, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 318, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.002, eff. June 19, 2009.



Section  141.013.  Provisions Applicable To Judicial Members.

(a) A judge's place on the commission becomes vacant when the judge ceases to hold a judicial office.

(b)  A district judge's service on the commission is an additional duty of office.

(c)  At the time of appointment to the commission, a district judge must be a presiding judge of a court designated as a juvenile court of at least one county in the district or be a district court judge in a county that has a system of rotating the juvenile court among the several district courts.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section 141.014.  Restrictions On Commission Appointment, Membership, And Employment.

(a) A person may not be a public member of the commission if the person or the person's spouse:

(1)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission;

(2)  uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses;

(3)  is registered, certified, or licensed by a regulatory agency in the field of criminal or juvenile justice; or

(4)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission.

(b)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:

(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice; or

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.

(c)  A person may not serve as a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation in or on behalf of a profession related to the operation of the commission.

(d)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual or professional problems and in promoting their common interest.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.003, eff. June 19, 2009.



Section 141.0145.  Training For Commission Members.

(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.

(b)  The training program must provide information to the person regarding:

(1)  the legislation that created the commission;

(2)  the programs operated by the commission;

(3)  the roles and functions of the commission;

(4)   the budget of the commission;

(5)  the results of the most recent formal audit of the commission;

(6)  the requirements of law relating to open meetings, public information, administrative procedure, and conflicts of interest; and

(7)   any applicable ethics policies adopted by the commission or the Texas Ethics Commission.

(c)  A person appointed to the commission is entitled to reimbursement, as provided in the General Appropriations Act, for travel expenses incurred in attending the training program, regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Added by Acts 1997, 75th Leg., ch. 318, Sec. 3, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.004, eff. June 19, 2009.



Section  141.015.  Terms.

Commission members serve for staggered six-year terms, with terms expiring on August 31 of each odd-numbered year.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.016.  Officers.

(a) The governor shall designate a presiding officer from among the commission members to serve in that capacity at the pleasure of the governor.

(b)  The chairman and vice-chairman serve two-year terms.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 318, Sec. 4, eff. Sept. 1, 1997.



Section  141.017.  Removal Of Commission Member.

(a) It is a ground for removal from the commission if a member:

(1)  does not have at the time of taking office the qualifications required by Section 141.011;

(2)  does not maintain during service on the commission the qualifications required by Section 141.011;

(3)  is ineligible for membership under Section 141.014;

(4)  cannot, because of illness or disability,  discharge the member's duties for a substantial part of the term for which the member is appointed; or

(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.

(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

(c)  If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the director shall notify the next highest officer of the commission, who shall notify the governor and the attorney general that a potential ground for removal exists.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 318, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.005, eff. June 19, 2009.



Section  141.018.  Reimbursement.

A commission member is not entitled to compensation for service on the commission but is entitled to reimbursement for actual and necessary expenses incurred in performing official duties as a commission member.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.019.  Meetings; Public Participation.

(a) The commission shall hold regular quarterly meetings on dates set by the commission and special meetings at the call of the chairman.

(b)  The commission shall adopt rules regulating its proceedings.

(c)  The commission shall keep a public record of its decisions at its general office.

(d)  The commission shall adopt policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.020.  Director And Personnel.

(a) The commission shall employ a director with the approval of the governor. To be eligible for employment as the director, a person must:

(1)  comply with the standards required for a probation officer; and

(2)  have at least two years' experience in the administration and supervision of probation services.

(b)  The director may employ as many other employees as necessary to administer this chapter.

(c)  The commission may delegate to the director or to any other employee any authority given it by this chapter except the authority to adopt rules.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.147, eff. Sept. 1, 1995.



Section  141.021.  Personnel Policies.

(a) The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the director and staff of the commission.

(b)  The director or the director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the commission. The program shall require intra-agency posting of all positions concurrently with any public posting.

(c)  The director or the director's designee shall develop a system of annual job performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on the system established under this subsection.

(d)  The director or the director's designee shall provide to the commission's members and employees, as often as necessary, information regarding their qualifications under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

(e)  The director or the director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The statement must cover an annual period and be updated at least annually. The statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that are in compliance with requirements of Chapter 21, Labor Code;

(2)  a comprehensive analysis of the commission work force that meets federal and state guidelines; and

(3)  procedures by which a determination can be made of significant underutilization in the commission work force of all persons for whom federal or state guidelines encourage a more equitable balance and reasonable methods to appropriately address those areas of significant underutilization.

(f)  A policy statement adopted under Subsection (e) must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (e)(1), and shall be filed with the governor. The governor shall furnish a biennial report to the legislature based on the information in the policy statement. The report may be made separately or as a part of other biennial reports made to the legislature.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 318, Sec. 6, eff. Sept. 1, 1997.



Section  141.022.  Advisory Council On Juvenile Services.

(a) The advisory council on juvenile services consists of:

(1)  two juvenile court judges, appointed by the commission;

(2)  three juvenile probation officers, appointed by the commission;

(3)  two citizens who are knowledgeable of juvenile services, appointed by the commission;

(4)  the executive commissioner of the Texas Youth Commission or the commissioner's designee;

(5)  the commissioner of education or the commissioner's designee; and

(6)  the commissioner of human services or the commissioner's designee.

(b)  The advisory council shall report any determinations made under Subsection (c) to the members of the commission appointed under Section 141.011.

(c)  The advisory council shall determine the needs and problems of county juvenile boards and departments and shall assist the commission in long-range planning.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 58, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.006, eff. June 19, 2009.



Section  141.023.  Fees.

If the General Appropriations Act does not specify the amount of the fee, the commission by rule may establish fees that:

(1)  are reasonable and necessary;

(2)  produce revenue sufficient for the administration of this chapter; and

(3)  do not produce unnecessary revenue.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.024.  Annual Reports.

(a) The commission shall report annually to the governor and the legislature on the commission's operations and the condition of probation services in the state during the previous year.  The report:

(1)  may include recommendations; and

(2)  must include:

(A)  an evaluation of the effectiveness of the community-based programs operated under Section 54.0401, Family Code; and

(B)  information comparing the cost of a child participating in a program described by Paragraph (A) with the cost of committing the child to the Texas Youth Commission.

(b)  The commission shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must be in the form, and be submitted by the time, provided by the General Appropriations Act.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 800, Sec. 1, eff. September 1, 2009.



Section  141.025.  Public Interest Information.

(a) The commission shall prepare information of public interest describing the functions of the commission and the procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available to the public and appropriate state agencies.

(b)  The commission by rule shall establish methods by which service recipients are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.026.  Audit.

The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.03(a), eff. Aug. 26, 1991.



Section 141.027.  Complaints. (a)

The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission, other than complaints received under Section 141.049.  The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.

(b)  The commission shall make information available describing its procedures for complaint investigation and resolution.

(c)  The commission shall periodically notify the complaint parties of the status of the complaint until final disposition.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.007, eff. June 19, 2009.



Section 141.028.  Use Of Technology.

The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.007, eff. June 19, 2009.



Section 141.029.  Negotiated Rulemaking; Alternative Dispute Resolution.

(a) The commission shall develop and implement a policy to encourage the use of:

(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and

(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.

(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c)  The commission shall designate a trained person to:

(1)  coordinate the implementation of the policy adopted under Subsection (a);

(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.007, eff. June 19, 2009.



Subchapter C. Powers And Duties Of Commission

Section  141.041.  Provision Of Probation And Detention Services.

(a) The commission shall assist counties in providing probation and juvenile detention services by encouraging the continued operation of county and multi-county juvenile boards or probation offices.

(b)  If a county discontinues the provision of juvenile probation services, the commission may directly provide probation or detention services in the county.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.042.  Rules Governing Juvenile Boards, Probation Departments, Probation Officers, Programs, And Facilities.

(a) The commission shall adopt reasonable rules that provide:

(1)  minimum standards for personnel, staffing, case loads, programs, facilities, record keeping, equipment, and other aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services;

(2)  a code of ethics for probation and detention officers and for the enforcement of that code;

(3)  appropriate educational, preservice and in-service training, and certification standards for probation and detention officers or court-supervised community-based program personnel;

(4)  subject to Subsection (d), minimum standards for public and private juvenile pre-adjudication secure detention facilities, public juvenile post-adjudication secure correctional facilities that are operated under the authority of a juvenile board or governmental unit, private juvenile post-adjudication secure correctional facilities operated under a contract with a governmental unit, except those facilities exempt from certification by Section 42.052(g), and nonsecure correctional facilities operated by or under contract with a governmental unit; and

(5)  minimum standards for juvenile justice alternative education programs created under Section 37.011, Education Code, in collaboration and conjunction with the Texas Education Agency, or its designee.

(b)  In adopting the rules, the commission shall consider local information and evidence gathered through public review and comment.

(c)  The commission shall operate a statewide registry for all public and private juvenile pre-adjudication secure detention facilities and all public and private juvenile post-adjudication secure correctional facilities except a facility operated or certified by the Texas Youth Commission.

(d)  In adopting rules under Subsection (a)(4), the commission shall ensure that the minimum standards for facilities described by Subsection (a)(4) are designed to ensure that juveniles confined in those facilities are provided the rights, benefits, responsibilities, and privileges to which a juvenile is entitled under the United States Constitution, federal law, and the constitution and laws of this state.  The minimum standards must include a humane physical and psychological environment, safe conditions of confinement, protection from harm, adequate rehabilitation and education, adequate medical and mental health treatment, and due process of law.

(e)  Juvenile probation departments shall use the mental health screening instrument selected by the commission for the initial screening of children under the jurisdiction of probation departments who have been formally referred to the department.  The commission shall give priority to training in the use of this instrument in any preservice or in-service training that the commission provides for probation officers.  A clinical assessment by a licensed mental health professional may be substituted for the mental health screening instrument selected by the commission if the clinical assessment is performed in the time prescribed by the commission.

(f)  A juvenile probation department must, before the disposition of a child's case and using a validated risk and needs assessment instrument or process provided or approved by the commission, complete a risk and needs assessment for each child under the jurisdiction of the juvenile probation department.

(g)  Any statement made by a child and any mental health data obtained from the child during the administration of the mental health screening instrument under this section is not admissible against the child at any other hearing. The person administering the mental health screening instrument shall inform the child that any statement made by the child and any mental health data obtained from the child during the administration of the instrument is not admissible against the child at any other hearing.

(h)  A juvenile board that does not accept state aid funding from the commission under Section 141.081 shall report to the commission each month on a form provided by the commission the same data as that required of counties accepting state aid funding regarding juvenile justice activities under the jurisdiction of the juvenile board.  If the commission makes available free software to the juvenile board for the automation and tracking of juveniles under the jurisdiction of the juvenile board, the commission may require the monthly report to be provided in an electronic format adopted by the commission.

(i)  A juvenile probation department shall report data from the use of the screening instrument or clinical assessment under Subsection (e) and the risk and needs assessment under Subsection (f) to the commission in the format and at the time prescribed by the commission.

(j)  The commission shall adopt rules to ensure that youth in the juvenile justice system are assessed using the screening instrument or clinical assessment under Subsection (e) and the risk and needs assessment under Subsection (f).

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 68, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 318, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 37, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1394, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 58, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 49, 61(3), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 949, Sec. 42, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.008, eff. June 19, 2009.



Section  141.0421.  Standards Relating To Local Probation Departments.

(a) The commission shall adopt rules that provide:

(1)  standards for the collection and reporting of information about juvenile offenders by local probation departments;

(2)  performance measures to determine the effectiveness of probation services provided by local probation departments; and

(3)  case management standards for all probation services provided by local probation departments.

(b)  The commission shall monitor local probation departments for compliance with the standards and measures that the commission adopts.

(c)  The commission shall provide technical assistance to local probation departments to aid compliance with the standards and measures that the commission adopts.

Added by Acts 1997, 75th Leg., ch. 318, Sec. 8, eff. Sept. 1, 1997.



Section  141.043.  Training And Assistance To Local Authorities.

The commission shall provide educational training and technical assistance to counties, juvenile boards, and probation offices to:

(1)  promote compliance with the standards required under this chapter; and

(2)  assist the local authorities in improving the operation of probation, parole, and detention services.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.0431.  Violence Prevention And Conflict Resolution Training.

The commission shall:

(1)  provide training on request to juvenile probation departments and juvenile boards in violence prevention and conflict resolution programs that include discussion of domestic violence and child abuse issues; and

(2)  encourage the inclusion of a violence prevention and conflict resolution program as a condition of probation.

Added by Acts 1995, 74th Leg., ch. 664, Sec. 1, eff. Jan. 1, 1996.



Section  141.044.  Records And Reports.

Each juvenile board in the state shall:

(1)  keep the financial, programmatic, and statistical records the commission considers necessary; and

(2)  submit periodic financial, programmatic, and statistical reports to the commission as required by the commission and in the format specified by the commission, including electronic submission.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 3, eff. Sept. 1, 1997.



Section  141.045.  Gifts And Grants.

(a) The commission may apply for and accept gifts and grants from any public or private source to use in maintaining and improving probation services in the state.

(b)  The commission shall deposit money received under this section in the state treasury. The commission may use the money only to make payments of state aid under this chapter and to administer this chapter.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.046.  Inspections And Audits.

(a) The commission may inspect and evaluate a juvenile board and probation department and audit its financial, programmatic, and statistical records at reasonable times to determine compliance with the commission's rules.

(b)  The commission may inspect any program or facility operated on behalf of and under the authority of the juvenile board by the probation department, a governmental entity, or private vendor.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 4, eff. Sept. 1, 1997.



Section 141.0461.  Authority To Issue Subpoena, Administer Oath, Receive Evidence, And Gather Information.

(a) In this section, "evidence" means any record, book, paper, document, data, or other evidence maintained by electronic or other means.

(b)  The commission may issue a subpoena requiring the attendance of a witness or the production of evidence that the commission considers necessary for the investigation of:

(1)  abuse, neglect, or exploitation allegations;

(2)  complaints;

(3)  financial and programmatic audits of juvenile probation programs services and facilities, including juvenile justice alternative education programs; or

(4)  any matter under the authority of the commission.

(c)  The commission may issue a subpoena under Subsection (b) only if the subpoena is signed by:

(1)  the chairman of the commission or, if the chairman is unavailable, the vice-chairman of the commission; and

(2)  at least two other members of the commission, including a member who is a judge.

(d)  Any peace officer, commission investigator, other commission official, or person authorized under Article 24.01, Code of Criminal Procedure, may serve the subpoena in the same manner that similar process in a court of record having original jurisdiction of criminal actions is served.

(e)  A subpoena under this section shall be served and witness fees and mileage paid as in civil cases in the district court in the county to which the witness is called, unless the proceeding for which the service or payment is made is under Chapter 2001, Government Code, in which case the service or payment shall be made as provided in that chapter.  Witnesses subpoenaed at the instance of the commission shall be paid their fees and mileage by the commission out of funds appropriated for that purpose.

(f)  On application of the commission, a court of record having original jurisdiction of criminal actions may compel the attendance of a witness, the production of material, or the giving of testimony before the commission, by an attachment for contempt or in the same manner as the court may otherwise compel the production of evidence.

(g)  The chairman or another member of the commission may administer an oath to a witness in attendance before the commission or before an authorized representative of the commission.

(h)  If a witness in attendance before the commission or before an authorized representative refuses without reasonable cause to be examined or answer a legal or pertinent question, or to produce evidence when ordered by the commission, the commission may apply to the district court for a rule or order returnable in not less than two or in more than five days, directing the witness to show cause before the judge why the witness should not be punished for contempt.  The commission may apply to the district court of any county where the witness is in attendance, on proof by affidavit of the fact, unless the order of contempt is sought under Chapter 2001, Government Code, in which case the commission shall apply to a district court of Travis County, as provided by that chapter.  On return of the order, the judge hearing the matter shall examine the witness under oath and the witness shall be given an opportunity to be heard.  If the judge determines that the witness has refused, without reasonable cause or legal excuse, to be examined or answer a legal or pertinent question, or to produce evidence that the witness was ordered to bring or produce, the judge may immediately find the witness in contempt of court.

(i)  The commission shall be granted access at any reasonable time to any evidence that is related to any matter the commission or executive director considers necessary to administer the commission's functions, powers, and duties.

Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 33, eff. September 1, 2007.



Section  141.047.  Interagency Cooperation.

(a) To improve probation services, the commission may cooperate and contract with:

(1)  the federal government;

(2)  governmental agencies in this state and other states;

(3)  political subdivisions of the state; and

(4)  private agencies.

(b)  The director, the executive commissioner of the Texas Youth Commission, and the commissioners of education, mental health and mental retardation, and human services shall meet in Austin at least quarterly to:

(1)  discuss mutual problems;

(2)  resolve conflicts in providing services to juveniles; and

(3)  make recommendations to the governor and legislature.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 59, eff. June 8, 2007.



Section 141.0471.  Coordinated Strategic Planning Committee.

(a) The director and the executive director of the Texas Youth Commission shall jointly appoint a strategic planning committee to biennially develop a coordinated strategic plan which shall guide, but not substitute for, the strategic plans developed individually by the agencies.  The director and the executive director of the Texas Youth Commission are co-presiding officers of the strategic planning committee.

(b)  The director shall appoint four members to the strategic planning committee.  The director shall appoint at least:

(1)  one committee member who represents the interests of families of juvenile offenders;

(2)  one committee member who represents the interests of local juvenile probation departments; and

(3)  one committee member who is a mental health treatment professional licensed under Subtitle B or I, Title 3, Occupations Code.

(c)  The executive director of the Texas Youth Commission shall appoint four members to the strategic planning committee.  The executive director shall appoint at least:

(1)  one committee member who represents the interests of juvenile offenders;

(2)  one committee member who represents the interests of the victims of delinquent or criminal conduct; and

(3)  one committee member who is an educator as defined by Section 5.001, Education Code.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 70, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 59, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 60, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.009, eff. June 19, 2009.



Section 141.0472.  Coordinated Strategic Plan; Adoption Of Plan.

(a) The coordinated strategic plan developed by the strategic planning committee under Section 141.0471 must:

(1)  identify short-term and long-term policy goals;

(2)  identify time frames and strategies for meeting the goals identified under Subdivision (1);

(3)  estimate population projections, including projections of population characteristics;

(4)  estimate short-term and long-term capacity, programmatic, and funding needs;

(5)  describe intensive service and surveillance parole pilot programs to be jointly developed;

(6)  include an evaluation of aftercare services emphasizing concrete outcome measures, including recidivism and educational progress;

(7)  identify objective criteria for the various decision points throughout the continuum of juvenile justice services and sanctions to guard against disparate treatment of minority youth;

(8)  identify cross-agency outcome measures by which to evaluate the effectiveness of the system generally;

(9)  include a plan of implementation for the development of common data sources and data sharing among the commission, juvenile probation departments, the Texas Youth Commission, the Department of Family and Protective Services, the Department of State Health Services, the Health and Human Services Commission, the Texas Education Agency, and other state agencies that serve youth in the juvenile justice system;

(10)  include the development of new, or the improvement of existing, validated risk assessment instruments;

(11)  include strategies to determine which programs are most effective in rehabilitating youth in the juvenile justice system;

(12)  include planning for effective aftercare programs and services, including ensuring that youth in the juvenile justice system have personal identification and appropriate referrals to service providers; and

(13)  track performance measures to illustrate the costs of different levels of treatment and to identify the most cost-effective programs in each component of the juvenile justice system in this state.

(b)  In addition to the information described by Subsection (a), the coordinated strategic plan must include specific processes and procedures for routinely communicating juvenile justice system information between the commission and the Texas Youth Commission and determining opportunities to coordinate practices for improving outcomes for youth.

(c)  The governing boards of the commission and the Texas Youth Commission shall review and adopt the coordinated strategic plan on or before December 1st of each odd-numbered year, or before the adoption of the agency's individual strategic plan, whichever is earlier.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.009, eff. June 19, 2009.



Section  141.048.  Studies.

(a) The commission may conduct or participate in studies relating to corrections methods and systems and to treatment and therapy programs at the governor's request or on its own motion.

(b)  The commission shall continuously study the effectiveness of probation services and shall report its findings to the governor and the legislature before each regular legislative session.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section 141.0486.  Reporting Concerning Research Programs Or Studies.

(a) The commission shall keep records relating to children within the juvenile probation system that participate in research programs or studies.

(b)  The records must show, for each calendar quarter and for each calendar year:

(1)  the number of children participating in research programs or studies for the appropriate reporting period;

(2)  the type of research program or study in which each child is participating;

(3)  the name of the principal investigator conducting the research program or study; and

(4)  the entity sponsoring the research program or study.

(c)  The commission shall submit a report that contains the information in the records kept under Subsection (b) on or before the 15th day after the last day of the appropriate reporting period to the:

(1)  governor;

(2)  lieutenant governor;

(3)  speaker of the house of representatives; and

(4)  members of the senate and house of representatives.

(d)  A report submitted under this section is public information under Chapter 552, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 848, Sec. 1, eff. June 15, 2007.



Section 141.049.  Complaints Relating To Juvenile Boards.

(a) The commission shall maintain a system to promptly and efficiently act on a complaint filed with the commission relating to a juvenile board funded by the commission.  The commission shall maintain information about parties to the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.

(b)  The commission shall make information available describing the commission's procedures for the investigation and resolution of a complaint filed with the commission relating to a juvenile board funded by the commission.

(c)  The commission shall investigate the allegations in the complaint and make a determination of whether there has been a violation of the commission's rules relating to juvenile probation programs, services, or facilities.

(d)  If a written complaint is filed with the commission relating to a juvenile board funded by the commission, the commission shall periodically notify the complainant and the juvenile board of the status of the complaint until final disposition, unless notice would jeopardize an undercover investigation.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 50, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.010, eff. June 19, 2009.



Section  141.050.  Contract Standards.

(a) In each contract with counties for local probation services, the commission shall include:

(1)  clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives;

(2)  clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and

(3)  clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.

(b)  The commission shall require each local juvenile probation department:

(1)  to include the provisions of Subsection (a) in its contracts with private service providers that involve the use of state funds; and

(2)  to use data relating to the performance of private service providers in prior contracts as a factor in selecting providers to receive contracts.

(c)  The commission shall consider the past performance of a juvenile board when contracting with the juvenile board for local probation services other than basic probation services.  In addition to the contract standards described by Subsection (a), a contract with a juvenile board for probation services other than basic probation services must:

(1)  include specific performance targets for the juvenile board based on the juvenile board's historic performance of the services; and

(2)  require a juvenile board to report on the juvenile board's success in meeting the performance targets described by Subdivision (1).

Added by Acts 1997, 75th Leg., ch. 318, Sec. 9, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.011, eff. June 19, 2009.



Section  141.051.  Contract Monitoring.

The commission shall establish a formal program to monitor contracts under Section 141.050 made by the commission. The commission must:

(1)  monitor compliance with financial and performance requirements using a risk assessment methodology; and

(2)  obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives.

Added by Acts 1997, 75th Leg., ch. 318, Sec. 9, eff. Sept. 1, 1997.



Section  141.052.  Medicaid Benefits.

The commission shall:

(1)  identify areas in which federal Medicaid program benefits could be used in a manner that is cost-effective for children in the juvenile justice system;

(2)  develop a program to encourage application for and receipt of Medicaid benefits;

(3)  provide technical assistance to counties relating to eligibility for Medicaid benefits; and

(4)  monitor the extent to which counties make use of Medicaid benefits.

Added by Acts 1997, 75th Leg., ch. 318, Sec. 9, eff. Sept. 1, 1997.



Section  141.053.  Accessibility To Programs And Facilities.

The commission shall comply with federal and state laws relating to program and facility accessibility. The executive director shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.

Added by Acts 1997, 75th Leg., ch. 318, Sec. 9, eff. Sept. 1, 1997.



Section  141.054.  Contracts For Out-of-state Juvenile Inmates.

(a) The only entities other than the state authorized to operate a correctional facility to house in this state juvenile inmates convicted of offenses committed against the laws of another state of the United States are:

(1)  a county or municipality; and

(2)  a private vendor operating a correctional facility under a contract with a county or municipality.

(b)  The commission shall develop rules, procedures, and minimum standards applicable to county or private correctional facilities housing out-of-state juvenile inmates. A contract made under Subsection (a) of this section shall require the county, municipality, or private vendor to operate the facility in compliance with minimum standards adopted by the commission.

Added by Acts 1997, 75th Leg., ch. 318, Sec. 9, eff. Sept. 1, 1997.



Section 141.055.  Investigators.

(a) The commission may employ and commission investigators as peace officers for the purpose of investigating allegations of abuse, neglect, and exploitation in juvenile justice programs and facilities under Section 261.405, Family Code.

(b)  Peace officers employed and commissioned under Subsection (a) must be certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 33, eff. September 1, 2007.



For expiration of this section, see Subsection (d).

Section 141.056.  Study Of Alternatives To Juvenile Justice System For Children Who Engage In Acts Of Prostitution.

(a) The director shall establish a committee to evaluate alternatives to the juvenile justice system, such as government programs, faith-based programs, and programs offered by nonprofit organizations, for children who are accused of engaging in acts of prostitution.

(b)  The director shall determine the size of the committee.  The committee must be composed of:

(1)  members of the Texas Juvenile Probation Commission, the Texas Youth Commission, and other relevant state agencies as determined by the director;

(2)  members of the legislature;

(3)  members of nongovernmental organizations that provide programs and services to combat and prevent trafficking of persons as described by Section 20A.02, Penal Code, in this state, including the following with respect to that trafficking:

(A)  programs to promote public awareness;

(B)  programs to identify and provide services to victims;

(C)  legal services; and

(D)  community outreach and training programs; and

(4)  other juvenile justice experts.

(c)  Not later than January 1, 2011, the committee shall prepare and deliver to each member of the legislature a report that includes the results of the study and recommendations for alternatives to the juvenile justice system for children who are accused of engaging in acts of prostitution.

(d)  This section expires June 1, 2011.

Added by Acts 2009, 81st Leg., R.S., Ch. 1002, Sec. 4, eff. September 1, 2009.



Section 141.057.  Data Collection.

(a) The commission shall collect comprehensive data concerning the outcomes of local probation programs throughout the state.

(b)  Data collected under Subsection (a) must include:

(1)  a description of the types of programs and services offered by a juvenile probation department, including a description of the components of each program or service offered; and

(2)  to the extent possible, the rate at which juveniles who enter or complete juvenile probation are later committed to the custody of the state.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.012, eff. June 19, 2009.



Section 141.058.  Quarterly Report On Abuse, Neglect, And Exploitation.

(a) On January 1, 2010, and quarterly after that date, the commission shall prepare and deliver a report to the board concerning the final outcome of any complaint received under Section 261.405, Family Code, that concerns the abuse, neglect, or exploitation of a juvenile.  The report must include a summary of the actions performed by the commission and any applicable juvenile board or juvenile probation department in resolving the complaint.

(b)  A report prepared under Subsection (a) is public information under Chapter 552, Government Code, only to the extent authorized by that chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.012, eff. June 19, 2009.



Section 141.059.  Residential Treatment Facility.

(a) The commission may contract with a local mental health and mental retardation authority that, on April 1, 2009, had an unutilized or underutilized residential treatment facility, for the establishment of a residential treatment facility for juveniles with mental illness or emotional injury who, as a condition of juvenile probation, are ordered by a court to reside at the facility and receive education services at the facility.  The commission may work in cooperation with the local mental health and mental retardation authority to provide mental health residential treatment services for juveniles residing at a facility established under this section.

(b)  A residential treatment facility established under this section must provide juveniles receiving treatment at the facility:

(1)  a short-term program of mental health stabilization that does not exceed 150 days in duration; and

(2)  all educational opportunities and services, including special education instruction and related services, that a school district is required under state or federal law to provide for students residing in the district through a charter school operated in accordance with and subject to Subchapter D, Chapter 12, Education Code.

(c)  If a residential treatment facility established under this section is unable to provide adequate and sufficient educational opportunities and services to juveniles residing at the facility, the facility may not continue to operate beyond the end of the school year in which the opportunities or services provided by the facility are determined to be inadequate or insufficient.

(d)  Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code, the State Board of Education shall grant a charter on the application of a residential treatment facility established under this section for a school chartered for the purposes of this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.012, eff. June 19, 2009.



Subchapter D. Provisions Relating To Certain Officers And Employees

Section  141.061.  Minimum Standards For Probation Officers.

(a) To be eligible for appointment as a probation officer, a person who was not employed as a probation officer before September 1, 1981, must:

(1)  be of good moral character;

(2)  have acquired a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;

(3)  have either:

(A)  one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the commission; or

(B)  one year of experience in full-time case work, counseling, or community or group work:

(i)  in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons; and

(ii)  that the commission determines provides the kind of experience necessary to meet this requirement;

(4)  have satisfactorily completed the course of preservice training or instruction and any continuing education required by the commission;

(5)  have passed the tests or examinations required by the commission; and

(6)  possess the level of certification required by the commission.

(b)  The commission by rule may authorize the waiver of the requirement of a year of graduate study or full-time employment experience if the authority responsible for employing the officer establishes to the satisfaction of the commission that after a diligent search the authority cannot locate a person meeting that requirement to fill a job opening.

(c)  The commission by rule may authorize the temporary employment of a person who has not completed a course of preservice training, passed the examination, or attained the required level of certification, contingent on the person meeting those requirements within the time specified by the commission.

(d)  A person must possess the level of training, experience, and certification required by the commission to be eligible for employment in a probation office in a position supervising other probation officers. The commission may require several levels of certification to reflect increasing levels of responsibility. A commission rule relating to levels of certification does not affect the continued employment of a probation officer in a supervisory position if the person holds that position on the date on which the rule takes effect.

(e)  The commission may waive any certification requirement, except a fee requirement, for an applicant who has a valid certification from another state that has certification requirements that are substantially equivalent to the requirements in this state.

(f)  The commission may waive the degree accreditation requirement in Subsection (a)(2) if the applicant possesses a foreign or other degree that the commission determines is the substantial equivalent of a bachelor's degree. The commission shall adopt rules defining the procedures to be used to request a waiver of the accreditation requirement in Subsection (a)(2).

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 60, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 51, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.014, eff. June 19, 2009.



Section 141.0611.  Minimum Standards For Detention Officers.

To be eligible for appointment as a detention officer, a person who was not employed as a detention officer before September 1, 2005, must:

(1)  be of good moral character;

(2)  be at least 21 years of age;

(3)  have acquired a high school diploma or its equivalent;

(4)  have satisfactorily completed the course of preservice training or instruction required by the commission;

(5)  have passed the tests or examinations required by the commission; and

(6)  possess the level of certification required by the commission.

Added by Acts 2005, 79th Leg., Ch. 949, Sec. 43, eff. September 1, 2005.



Section 141.0612.  Minimum Standards For Certain Employees Of Nonsecure Correctional Facilities.

(a) The commission by rule shall adopt certification standards for persons who are employed in nonsecure correctional facilities that accept only juveniles who are on probation and that are operated by or under contract with a governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code.

(b)  The certification standards adopted under Subsection (a) must be substantially similar to the certification requirements for detention officers under Section 141.0611.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.015, eff. June 19, 2009.



Section  141.062.  Notice Of Certification Examination Results.

(a) Except as provided by Subsection (b) of this section, the commission shall notify each person taking a certification examination of the results of the examination not later than the 30th day after the date on which the examination is administered.

(b)  The commission shall notify a person taking an examination graded or reviewed by a national testing service of the results not later than the 14th day after the date on which the commission receives the results from the testing service.

(c)  If the notice of the examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before that 90th day.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.063.  Analysis Of Examination Performance.

The commission shall furnish a person who fails a certification test administered under this chapter with an analysis of the person's performance on the examination if the person requests the analysis in writing.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section 141.064.  Revocation Or Suspension Of Certification.

(a) The commission may revoke or suspend a certification, or reprimand a certified officer:

(1)  for a violation of this chapter or a commission rule; or

(2)  if, under Subsection (c), a panel determines that continued certification of the person threatens juveniles in the juvenile justice system.

(b)  The commission may place on probation a person whose certification is suspended.  If the suspension is probated, the commission may require the person to:

(1)  report regularly to the commission on matters that are the basis of the probation; and

(2)  continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.

(c)  The director may convene, in person or telephonically, a panel of three commission members to determine if a person's continued certification threatens juveniles in the juvenile justice system.  If the panel determines that the person's continued certification threatens juveniles in the juvenile justice system, the person's license is temporarily suspended until an administrative hearing is held as soon as possible under Subsection (d).  The director may convene a panel under this subsection only if the danger posed by the person's continued certification is imminent.  The panel may hold a telephonic meeting only if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.

(d)  A person is entitled to a hearing before the State Office of Administrative Hearings if the commission proposes to suspend or revoke the person's certification.

(e)  A person may appeal a ruling or order issued under this section to a district court in the county in which the person resides or in Travis County.  The standard of review is under the substantial evidence rule.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.016, eff. June 19, 2009.



Section 141.065.  Persons Who May Not Act As Chief Administrative, Juvenile Probation, Or Detention Officers.

(a) A peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as a chief administrative, juvenile probation, or  detention officer or be made responsible for supervising a juvenile on probation.

(b)  For purposes of this section, a chief administrative officer, regardless of title, is the person who is:

(1)  hired or appointed by or under contract with the juvenile board; and

(2)  responsible for the oversight of the operations of the juvenile probation department or any juvenile justice program operated by or under the authority of the juvenile board.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 61, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 949, Sec. 44, eff. September 1, 2005.



Section 141.066.  Carrying Of Firearm By Certain Officers Prohibited.

(a) A juvenile probation, detention, or corrections officer may not carry a firearm in the course of the person's official duties.

(b)  This section does not apply to:

(1)  an employee of the Texas Youth Commission; or

(2)  a juvenile probation officer authorized to carry a firearm under Section 142.006.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 62, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 794, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 794, Sec. 2, eff. June 19, 2009.



Section  141.067.  Probation Officer: County Employee.

A juvenile probation officer whose jurisdiction covers only one county is considered to be an employee of that county.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Subchapter E. State Aid

Section  141.081.  Determination Of Amount Of State Aid.

(a) The commission shall annually allocate funds for financial assistance to juvenile boards to provide juvenile services according to current estimates of the number of juveniles in each county and other factors the commission determines are appropriate.

(b)  The legislature may appropriate the amount of state aid necessary to supplement local funds to maintain and improve statewide juvenile services that comply with commission standards.

(c)  The commission may set aside a portion of the funds appropriated to the commission for state aid to fund programs designed to address special needs or projects of local juvenile boards.

(d)  The commission by rule shall, not later than September 1, 2010, establish one or more basic probation services funding formulas and one or more community corrections funding formulas. The funding formulas established under this subsection must include each grant for which the commission, on or before September 1, 2009, established an allocation formula.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 3.017, eff. June 19, 2009.



Section  141.082.  Maintenance Of Local Financial Support.

(a) To receive the full amount of state aid funds for which a juvenile board may be eligible, a juvenile board must demonstrate to the commission's satisfaction that the amount of local or county funds budgeted for juvenile services is at least equal to the amount spent, excluding construction and capital outlay expenses, for those services in the 1994 county fiscal year. The commission may waive this requirement only if the juvenile board demonstrates to the commission that unusual, catastrophic, or exceptional circumstances existed during the relevant year to affect adversely the level of county funding. If the required amount of local funding is not budgeted and the commission does not grant a waiver, the commission shall reduce the allocation of state aid funds to the juvenile board by the amount equal to the amount that the county funding is below the required funding.

(b)  The amount spent on juvenile detention and correctional facilities is included in determining the amount of local or county funds. The amount spent for construction or renovation is not included.

(c)  The commission must be satisfied at the end of each county fiscal year that the juvenile board actually spent local or county funds for juvenile services in the amount demonstrated to the commission at the beginning of the fiscal year.

(d)  The commission may require a rebate of or may withhold state aid to which the juvenile board would otherwise be entitled as necessary to satisfy the requirement that a juvenile board spend funds as demonstrated.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 5, eff. Sept. 1, 1997.



Section  141.083.  Special Rules For Multi-county Jurisdictions.

If necessary, the commission by rule may provide for:

(1)  the payment of compensation, insurance, retirement, fringe benefits, and related matters to a juvenile probation officer whose jurisdiction covers more than one county;

(2)  the centralization of administrative responsibility associated with the state aid program in a county included in a multi-county jurisdiction; and

(3)  the application of Section 141.081 of this code to a multi-county jurisdiction.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.084.  Payment Of State Aid.

(a) When the commission determines that a juvenile board complies with the commission's standards, the commission shall submit to the comptroller a voucher for payment to a juvenile board of the amount of state aid to which the board is entitled.

(b)  The juvenile board's fiscal officer shall deposit all state aid received under this chapter in a special fund. The juvenile board may use the funds solely to provide juvenile probation services.

(c)  A juvenile board receiving state aid under this chapter is subject to audit by the Legislative Budget Board, the governor's budget and planning office, the state auditor, and the comptroller.

(d)  A juvenile board receiving state aid under this chapter shall submit reports as required by the commission.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  141.085.  Refusal, Reduction, Or Suspension Of State Aid.

(a) The commission may refuse, reduce, or suspend payment of state aid to:

(1)  a juvenile board that fails to comply with the commission's rules or fails to maintain local financial support; or

(2)  a county that fails to comply with the minimum standards provided under Section 141.042(a)(4).

(b)  The commission shall provide for notice and a hearing in a case in which it refuses, reduces, or suspends state aid.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 71, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1394, Sec. 6, eff. Sept. 1, 1997.



Section  141.086.  Funding And Construction Of Post-adjudication Facilities.

(a) The commission may provide state aid to a county to acquire, construct, and equip post-adjudication residential or day-treatment centers from money appropriated for those purposes. The facilities may be used for children who are placed on probation by a juvenile court under Section 54.04, Family Code, as an alternative to commitment to the facilities of the Texas Youth Commission.

(b)  State funds provided to counties under Subsection (a) must be matched by local funds equal to at least one-fourth of the state funds.

(c)  From money appropriated for construction of the facilities described by Subsection (a), the commission shall contract with the Texas Department of Criminal Justice for construction management services, including:

(1)  evaluation of project plans and specifications; and

(2)  review and comment on the selection of architects and engineers, change orders, and sufficiency of project inspection.

(d)  On completion of the review of project plans and specifications under Subsection (c), the Texas Department of Criminal Justice shall issue a comprehensive report that states in detail the proposed cost of the project. The commission shall use the report in making a comparative evaluation of proposed projects and shall give priority to the projects the commission finds are the most effective and economical.

(e)  The commission may not award money for a capital construction project for a facility under this section unless the commission receives from the commissioners court of the county intending to use the facility a written commitment that the commissioners court has reviewed and accepted the conditions of the award. If more than one county intends to use the facility, the commission must receive from each county a written commitment that the county will agree with the other counties to an interlocal contract to operate the facility in accordance with the conditions of the award.

(f)  A county receiving state aid under this section shall adhere to commission standards for the construction and operation of a post-adjudication secure residential facility.

(g)  For a facility constructed under this section, not more than 25 percent of the operating costs of the facility may be reimbursed by the commission.

(h)  It is the intent of the legislature to appropriate the full amount of money authorized under Subsection (g).

(i)  The commission shall conduct an annual audit of the operating costs for a fiscal year of a facility constructed under this section for each fiscal year through fiscal year 1999. The commission shall submit a report on the results of the audit to the Legislative Budget Board and the governor not later than the 60th day after the last day of the fiscal year covered by the audit.

(j)  In this section, "operating costs" means the operating costs of a facility at an 80-percent occupancy rate.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 72, eff. Jan. 1, 1996. Amended by Acts 1999, 76th Leg., ch. 1477, Sec. 35, eff. Sept. 1, 1999.

Chapter 142. Juvenile Probation Departments And Personnel

Section  142.001.  Definition.

In this chapter, "juvenile probation services" means:

(1)  services provided by or under the direction of a juvenile probation officer in response to an order issued by a juvenile court and under the court's direction, including:

(A)  protective services;

(B)  prevention of delinquent conduct and conduct indicating a need for supervision;

(C)  diversion;

(D)  deferred prosecution;

(E)  foster care;

(F)  counseling;

(G)  supervision; and

(H)  diagnostic, correctional, and educational services; and

(2)  services provided by a juvenile probation department that are related to the operation of a preadjudication or post-adjudication juvenile facility.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 7, eff. Sept. 1, 1997.



Section  142.002.  Appointment Of Personnel And Salary.

(a) A juvenile board may, with the advice and consent of the commissioners court, employ probation officers and administrative, supervisory, stenographic, and other clerical personnel necessary to provide juvenile probation services according to the standards established by the Texas Juvenile Probation Commission and the local need as determined by the juvenile board.

(b)  The juvenile board may, with the advice and consent of the commissioners court, designate the titles of the employees and set their salaries.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989.



Section  142.003.  Authority To Contract For Juvenile Probation Services.

(a) In a county that does not have a sufficient number of juvenile probation cases to justify a juvenile probation department, the juvenile board or juvenile judge may contract with:

(1)  the county adult probation department to provide juvenile probation services; or

(2)  surrounding counties to form a multicounty juvenile probation department.

(b)  A juvenile board may contract with the Texas Youth Commission for juvenile probation services.

(c)  A juvenile board may contract with another political subdivision of the state or a private vendor for juvenile probation services.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 8, eff. Sept. 1, 1997.



Section  142.004.  Juvenile Probation Personnel.

(a) A juvenile probation officer or an employee of a juvenile probation community service restitution program is not liable for damages arising from an act or failure to act in connection with manual labor performed by a child who has been placed on informal adjustment or who has been adjudicated a delinquent child or a child in need of supervision and the labor was performed as a condition to probation ordered under Section 54.04(d)(1), Family Code, and the act or failure to act was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.

(b)  Juvenile probation personnel employed by a political subdivision of the state are state employees for the purposes of Chapter 104, Civil Practice and Remedies Code.

(c)  A juvenile probation officer or an employee of a juvenile probation community service restitution program is not liable for damages arising from an act or failure to act by a juvenile probation officer or an employee of a juvenile probation community service restitution program in connection with manual labor performed as a condition of probation ordered under Section 54.04(d)(1), Family Code, if the act or failure to act:

(1)  was performed in an official capacity; and

(2)  was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 6.02(a), eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 900, Sec. 4, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 201, Sec. 6, eff. Aug. 30, 1993.



Section  142.005.  Administration Of Medication; Immunity From Liability.

(a) On the adoption of policies concerning the administration of medication to juveniles by authorized employees, the juvenile board and any authorized employee of a program or facility operated by the juvenile board are not liable for damages arising from the administration of medication to a juvenile if:

(1)  the program or facility administrator has received a written request to administer the medication from the parent, legal guardian, or other person having legal control over the juvenile; and

(2)  when administering prescription medication, the medication appears to be in the original container and to be properly labeled.

(b)  This section does not apply to:

(1)  damages arising from the administration of medication that is not in accordance with the prescription issued by a medical practitioner; or

(2)  an act or omission of a person administering medication if the act or omission is:

(A)  reckless or intentional;

(B)  done wilfully, wantonly, or with gross negligence; or

(C)  done with conscious indifference or reckless disregard for the safety of others.

Added by Acts 2001, 77th Leg., ch. 1297, Sec. 63, eff. Sept. 1, 2001.



Section 142.006.  Authorization To Carry Firearm.

(a) A juvenile probation officer may carry a firearm in the course of the officer's official duties if:

(1)  the juvenile probation officer possesses a certificate of firearms proficiency issued by the Commission on Law Enforcement Officer Standards and Education under Section 1701.258, Occupations Code;

(2)  the chief juvenile probation officer of the juvenile probation department that employs the juvenile probation officer authorizes the juvenile probation officer to carry a firearm in the course of the officer's official duties; and

(3)  the juvenile probation officer has been employed for at least one year by the juvenile probation department described by Subdivision (2).

(b)  A juvenile probation officer is disqualified from being authorized to carry a firearm under this section if the officer has been designated a perpetrator in a Texas Juvenile Probation Commission abuse, neglect, or exploitation investigation.

(c)  This section does not affect the sovereign immunity of the state, an agency of the state, or a political subdivision of the state.

Added by Acts 2009, 81st Leg., R.S., Ch. 794, Sec. 3, eff. June 19, 2009.


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