37 Tex. Admin. Code § 344.100 - Definitions
When used in this chapter, the following words and terms have the following meanings unless the context clearly indicates otherwise.
(1) Certification Exam--An
exam required by TJJD that is given to individuals hired as a juvenile
probation officer or juvenile supervision officer that tests the individual's
competency in certain topics.
(2)
Certification Period--The 24-month period that starts on the first day of the
month following the officer's birth month and ends on the last day of the
officer's birth month. The first certification period also includes the time
between the date of certification and the officer's next birth month. For
example: An officer's birth date is June 5. The officer receives initial
certification on August 10, 2018. The first certification period starts on
August 10, 2018, and ends on June 30, 2021. The second certification period
starts on July 1, 2021, and ends on June 30, 2023.
(3) Certified Officer (Officer)--A juvenile
probation officer, juvenile supervision officer, or community activities
officer who is currently certified by TJJD.
(4) Chief Administrative Officer--Regardless
of title, the person hired by a juvenile board who is responsible for the
oversight of the day-to-day operations of a single juvenile probation
department for a county or a multi-county judicial district.
(5) Community Activities Officer--Regardless
of title, an individual other than a juvenile probation officer or juvenile
supervision officer whose position may require supervising juveniles in a
non-secure setting within a juvenile justice program.
(6) Continuing Education--Courses, programs,
or organized learning experiences required to maintain certification and to
enhance personal or professional goals.
(7) Conviction--Any conviction or deferred
adjudication for criminal conduct. A conviction does not include a juvenile
adjudication.
(8) Direct,
Unsupervised Access--The ability to physically interact with juveniles in a
juvenile justice program or facility without the accompanying physical presence
of or constant visual monitoring by a certified officer or other authorized
employee of the program or facility. For purposes of this chapter, direct,
unsupervised access does not include interactions that are incidental and
momentary.
(9) Facility
Administrator--An individual designated by the chief administrative officer or
governing board of a juvenile justice facility as the on-site program director
or superintendent of a juvenile justice facility.
(10) Grace Period--The one-month period
following the end of an officer's certification period.
(11) Juvenile Justice Facility
("facility")--A facility that serves juveniles under juvenile court
jurisdiction and that is operated solely or partly by or under the authority of
the governing board or juvenile board or by a private vendor under a contract
with the governing board, juvenile board, or governmental unit. The term
includes:
(A) a public or private juvenile
pre-adjudication secure detention facility, including a short-term detention
facility (i.e., holdover), required to be certified in accordance with Texas
Family Code §
51.12;
(B) a public or private juvenile
post-adjudication secure correctional facility required to be certified in
accordance with Texas Family Code §
51.125; and
(C) a public or private non-secure
correctional facility required to be certified in accordance with Texas Family
Code §
51.126.
(12) Juvenile Justice Program
("program")--A program or department that:
(A)
serves juveniles under juvenile court or juvenile board jurisdiction;
and
(B) is operated solely or
partly by the governing board, juvenile board, or by a private vendor under a
contract with the governing board or juvenile board. The term includes:
(i) juvenile justice alternative education
programs;
(ii) non-residential
programs that serve juvenile offenders under the jurisdiction of the juvenile
court or the juvenile board; and
(iii) juvenile probation
departments.
(13) Juvenile Probation Department
("department")--A governmental unit established under the authority of a
juvenile board to facilitate the execution of the responsibilities of a
juvenile probation department enumerated in Title 3 of the Texas Family Code
and Chapter 221 of the Texas Human Resources Code.
(14) Juvenile Probation Officer--An
individual whose primary responsibility and essential job function is to
provide juvenile probation services and supervision duties authorized under
statutory and administrative law that can be performed only by a certified
juvenile probation officer.
(15)
Juvenile Supervision Officer--An individual whose primary responsibility and
essential job function is the supervision of juveniles in a:
(A) juvenile justice facility; or
(B) juvenile justice alternative education
program operated by a department that also operates a juvenile justice
facility.
(16)
Professional--The following persons are considered professionals for purposes
of this chapter:
(A) teachers certified as
educators by the State Board for Educator Certification, including teachers
certified by the State Board for Educator Certification with provisional or
emergency certifications;
(B)
educational aides or paraprofessionals certified by the State Board for
Educator Certification;
(C)
health-care professionals licensed or certified under the following chapters of
the Texas Occupations Code:
(i) Chapter 301
(nurses);
(ii) Chapter 155
(physicians);
(iii) Chapter 204
(physician assistants);
(iv)
Chapter 256, Subchapter A (dentists); or
(v) Chapter 401 (speech-language pathologists
and audiologists);
(D)
mental health providers, as defined in Chapter 343 of this title;
(E) qualified mental health professionals, as
defined in Chapter 343 of this title; and
(F) commissioned law enforcement
personnel.
Notes
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