37 Tex. Admin. Code § 344.430 - Arrest or Conviction of Current Employees
(a) This section
applies to individuals employed by, under contract with, or otherwise providing
services at a department or facility who are certified or for whom the
department or facility is seeking certification, whether they are serving in a
position requiring certification or in a position for which certification is
optional under §
344.802 of this chapter.
(b) If a department or facility receives
notification that an individual to whom this section applies has been arrested
for criminal conduct described in §
344.400(a) or
§
344.410(a) of
this chapter, the department or facility must notify TJJD's certification
office in writing no later than 10 calendar days after receiving notice of the
arrest. The department or facility must provide information regarding the
circumstances of the arrest and respond to any questions from TJJD regarding
the arrest.
(c) If a department or
facility receives notification that an individual to whom this section applies
has been convicted of or placed on deferred adjudication for criminal conduct
described in §
344.400(a) or
§
344.410(a) of
this chapter, the department or facility must:
(1) remove the person from the position
requiring certification and from any position allowing the person unsupervised
access to juveniles; and
(2) notify
TJJD's certification office in writing no later than 10 calendar days after
receiving such notice. The department or facility must provide information
regarding the conviction or deferred adjudication and respond to any questions
from TJJD regarding the disposition.
(d) Upon receipt of a notification under
subsection (c) of this section for criminal conduct described in §
344.400(a) of
this chapter, TJJD will:
(1) deny
certification if the person is not yet certified; or
(2) revoke certification if the person is
certified.
(e) Upon
receipt of a notification under subsection (c) of this section for criminal
conduct described in §
344.410(a) of
this chapter, TJJD will conduct the review described in §344.420 to
determine if certification should be denied if the person is not yet certified
or if certification should be revoked or suspended if the person is
certified.
(f) Notwithstanding
subsection (d) of this section, TJJD will revoke or deny certification if the
individual is imprisoned following a felony conviction, revocation of community
supervision, revocation of probation, or revocation of mandatory
supervision.
Notes
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