37 Tex. Admin. Code § 380.9503 - [Effective until 9/1/2025] Rules and Consequences for Residential Facilities
(a) Purpose. This rule establishes the
actions that constitute violations of the rules of conduct for residential
facilities. Violations of the rules may result in disciplinary consequences
that are proportional to the severity and extent of the violation. Appropriate
due process, including a consideration of extenuating circumstances, shall be
followed before imposing consequences.
(b) Applicability. This rule applies to youth
assigned to residential facilities operated by the Texas Juvenile Justice
Department (TJJD).
(c) Definitions.
The following terms, as used in this rule, have the following meanings unless
the context clearly indicates otherwise.
(1)
Attempt to Commit--a youth, with specific intent to commit a rule violation,
engages in conduct that amounts to more than mere planning that tends but fails
to effect the commission of the intended rule violation.
(2) Bodily Injury--physical pain, illness, or
impairment of physical condition. Fleeting pain or minor discomfort does not
constitute bodily injury.
(3)
Direct Someone to Commit--occurs when:
(A) a
youth communicates with another youth;
(B) the communication is intended to cause
the other youth to commit a rule violation; and
(C) the other youth commits or attempts to
commit a rule violation.
(4) Possession--actual care, custody,
control, or management. It does not require the item to be on or about the
youth's person.
(d)
General Provisions.
(1) Formal incident
reports are completed for alleged rule violations as required by internal
operational procedures.
(2) A
formal incident report is not proof that a youth committed an alleged rule
violation. Only rule violations that are proven through a Level I or Level II
due process hearing in accordance with §
380.9551 or §
380.9555 of this chapter,
respectively, are considered proven and are considered a part of a youth's
disciplinary record. A formal incident report is not appealable or grievable;
only disciplinary consequences may be appealed or grieved, as provided
below.
(3) When a youth is found to
be in possession of prohibited money as defined in this rule, a Level II
hearing is required to seize the money. Seized money shall be placed in the
student benefit fund in accordance with §
380.9555 of this
chapter.
(4) This paragraph applies
only to youth not on parole status who are alleged to have engaged in conduct
classified as a first- or second-degree felony while in a residential facility
operated by or under contract with TJJD. A Level II hearing shall be requested
on these youth unless it is determined that, given all circumstances, a Level
II hearing is not appropriate. Such decision shall be documented. If a
requested Level II hearing is held and the allegation is proved, the youth
shall be reviewed for the most restrictive setting appropriate, including the
intervention program described by §
380.9510 of this
chapter.
(e) Disciplinary
Consequences.
(1) Disciplinary consequences
shall be established in writing in TJJD's procedural manuals. Appropriate
disciplinary consequences may be imposed only if the consequences are
established in writing in TJJD's procedural manuals prior to the occurrence of
the conduct for which the consequence is issued.
(2) Disciplinary consequences may include,
but are not limited to, the following:
(A)
suspension of privileges;
(B)
restriction from planned activities;
(C) trust-fund restriction; and
(D) disciplinary transfer to a
high-restriction facility (available only for youth on institutional status in
a medium-restriction facility).
(3) The following are prohibited as
disciplinary consequences:
(A) corporal or
unusual punishment;
(B) subjecting
a youth to humiliation, harassment, or physical or mental abuse;
(C) subjecting a youth to personal
injury;
(D) subjecting a youth to
property damage or disease;
(E)
punitive interference with the daily functions of living, such as eating or
sleeping;
(F) purposeless or
degrading work, including group exercise as a consequence;
(G) placement in the intervention program
under §
380.9510 of this
chapter;
(H) disciplinary
isolation; and
(I) extending a
youth's stay in a TJJD facility.
(4) A Level II hearing is required before
imposing a disciplinary consequence that materially alters a youth's living
conditions, including disciplinary transfer from a medium-restriction facility
to a high-restriction facility. TJJD's procedural manuals will specify which
disciplinary consequences require a Level II hearing. Disciplinary consequences
requiring a Level II hearing are considered major consequences.
(5) If a Level II hearing is not required,
the following must occur before imposing disciplinary consequences for a youth
in a high-restriction facility:
(A) a written
description of the incident must be prepared;
(B) staff must tell the youth which rule
violation the youth allegedly committed and describe the information staff has
that establishes the youth committed it;
(C) staff must tell the youth what
disciplinary consequence(s) staff is considering imposing; and
(D) the youth must be given the opportunity
to address the allegation, including providing any extenuating circumstances
and information on the appropriateness of the intended
consequence(s).
(6) If a
Level II hearing is not required, a Level III hearing must occur before
imposing disciplinary consequences for a youth in a medium-restriction
facility, in accordance with §
380.9557 of this
chapter.
(f) Review and
Appeal of Consequences.
(1) All disciplinary
consequences shall be reviewed for policy compliance by the facility
administrator or designee within three calendar days after issuance. The
reviewing staff shall not be the staff who issued the discipline.
(2) The reviewing staff may remove or reduce
any disciplinary consequence determined to be excessive or not validly related
to the nature or seriousness of the conduct.
(3) Youth may appeal disciplinary
consequences issued through a Level II hearing by filing an appeal in
accordance with §
380.9555 of this
chapter.
(4) Youth in
medium-restriction facilities may appeal disciplinary consequences issued
through a Level III hearing by filing an appeal in accordance with §
380.9557 of this
chapter.
(5) Youth in
high-restriction facilities may grieve disciplinary consequences issued without
a Level II hearing by filing a grievance in accordance with §
380.9331 of this
chapter.
(g) Major Rule
Violations. It is a violation to knowingly commit, attempt to commit, direct
someone to commit, or aid someone else in committing any of the following:
(1) Assault of Another Youth (No
Injury)--intentionally, knowingly, or recklessly engaging in conduct with the
intent to cause bodily injury to another youth but the conduct does not result
in bodily injury.
(2) Assault of
Staff (No Injury)--intentionally, knowingly, or recklessly engaging in conduct
with the intent to cause bodily injury to a staff member, contract employee, or
volunteer with the intent to cause injury but the conduct does not result in
bodily injury.
(3) Assault Causing
Bodily Injury to Another Youth--intentionally, knowingly, or recklessly
engaging in conduct that causes another youth to suffer bodily
injury.
(4) Assault Causing Bodily
Injury to Staff--intentionally, knowingly, or recklessly engaging in conduct
that causes a staff member, contract employee, or volunteer to suffer bodily
injury.
(5) Attempted
Escape--committing an act with specific intent to escape that amounts to more
than mere planning that tends but fails to effect an escape.
(6) Chunking Bodily Fluids--causing a person
to contact the blood, seminal fluid, vaginal fluid, saliva, urine, and/or feces
of another with the intent to harass, alarm, or annoy another person.
(7) Distribution of Prohibited
Substances--distributing or selling any prohibited substances or
items.
(8) Escape--leaving a
high-restriction residential placement without permission or failing to return
from an authorized leave.
(9)
Extortion or Blackmail--demanding or receiving favors, money, actions, or
anything of value from another in return for protection against others, to
avoid bodily harm, or in exchange for not reporting a violation.
(10) Failure to Comply with Electronic
Monitoring Program Conditions (for Youth in Medium-Restriction Residential
Placement)--failing to comply with one of the following conditions required by
the youth's electronic monitoring program conditions:
(A) remain at the address listed at all
designated times;
(B) follow curfew
restriction as stated in the youth's conditions of placement or conditions of
parole;
(C) remain at the approved
placement while on electronic monitoring, going only to school, approved
activities, religious functions, and medical/psychological appointments and
then return to the approved placement, in accordance with the schedule
identified in the conditions of placement or conditions of parole;
(D) wear the electronic monitoring device 24
hours a day;
(E) allow a TJJD staff
member to enter the youth's residence to install, maintain, and inspect the
device if required;
(F) notify the
electronic monitoring officer as soon as possible within 24 hours if the youth
experiences any problems with the electronic monitoring system; and
(G) charge the device daily for a minimum of
one hour continuously in the morning and one hour continuously in the
evening.
(11) Fighting
Not Resulting in Bodily Injury--engaging in a mutually instigated physical
altercation with another person or persons that does not result in bodily
injury.
(12) Fighting That Results
in Bodily Injury--engaging in a mutually instigated physical altercation with
another person or persons that results in bodily injury.
(13) Fleeing Apprehension--running from or
refusing to come to staff when called and such act results in disruption of
facility operations.
(14) Misuse of
Medication--using medication provided to the youth by authorized personnel in a
manner inconsistent with specific instructions for use, including removing the
medication from the dispensing area.
(15) Participating in a Major Disruption of
Facility Operations--intentionally engaging in conduct that poses a threat to
persons or property and substantially disrupts the performance of facility
operations or programs.
(16)
Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling,
or attempting to purchase ammunition.
(17) Possession of Prohibited
Items--possessing the following prohibited items:
(A) cellular telephone;
(B) matches or lighters;
(C) jewelry, unless allowed by facility
rules;
(D) money in excess of the
amount or in a form not permitted by facility rules (see §
380.9555 of this chapter for
procedures concerning seizure of such money);
(E) pornography;
(F) items which have been fashioned to
produce tattoos or body piercing;
(G) cleaning products when the youth is not
using them for a legitimate purpose; or
(H) other items that are being used
inappropriately in a way that poses a danger to persons or property or
threatens facility security.
(18) Possessing, Selling, or Attempting to
Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or
an item that has been made or adapted for use as a weapon.
(19) Possession or Use of Prohibited
Substances and Paraphernalia--possessing or using any unauthorized substance,
including controlled substances or intoxicants, medications not prescribed for
the youth by authorized medical or dental staff, alcohol, tobacco products, or
related paraphernalia such as that used to deliver or make any prohibited
substance.
(20) Refusing a Drug
Screen--refusing to take a drug screen when requested to do so by staff or
tampering with or contaminating the urine sample provided for a drug screen.
(Note: If the youth says he/she cannot provide a sample, the youth shall be
given water to drink and two hours to provide the sample.)
(21) Refusing a Search--refusing to submit to
an authorized search of person or area.
(22) Repeated Non-Compliance with a Written,
Reasonable Request of Staff (for Youth in Medium-Restriction Residential
Placement)--failing on two or more occasions to comply with a specific written,
reasonable request of staff. If the request requires the youth to do something
daily or weekly, the two failures to comply must be within a 30-day period. If
the request requires the youth to do something monthly, the two failures to
comply must be within a 60-day period.
(23) Sexual Misconduct--intentionally or
knowingly engaging in any of the following:
(A) causing contact, including penetration
(however slight), between the penis and the vagina or anus; between the mouth
and penis, vagina or anus; or penetration (however slight) of the anal or
genital opening of another person by hand, finger, or other object;
(B) touching or fondling, either directly or
through clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks of another person;
(C)
kissing for sexual stimulation;
(D)
exposing the anus, buttocks, breasts, or genitals to another or exposing
oneself knowing the act is likely to be observed by another person;
or
(E) masturbating in an open and
obvious way, whether or not the genitals are exposed.
(24) Stealing--intentionally taking property
with an estimated value of $100 or more from another without
permission.
(25) Tampering with
Monitoring Equipment--a youth intentionally or knowingly tampers with
monitoring equipment assigned to any youth.
(26) Tampering with Safety
Equipment--intentionally tampering with, damaging, or blocking any device used
for safety or security of the facility. This includes, but is not limited to,
any locking device or item that provides security access or clearance, any fire
alarm or fire suppression system or device, video camera, radio, telephone
(when the tampering prevents it from being used as necessary for safety and/or
security), handcuffs, or shackles.
(27) Tattooing/Body Piercing--engaging in
tattooing or body piercing of self or others. Tattooing is defined as making a
mark on the body by inserting pigment into the skin.
(28) Threatening Another with a
Weapon--intentionally and knowingly threatening another with a weapon. A weapon
is something that is capable of inflicting bodily injury in the manner in which
it is being used.
(29) Unauthorized
Absence--leaving a medium-restriction residential placement without permission
or failing to return from an authorized leave.
(30) Vandalism--intentionally causing $100 or
more in damage to state property or personal property of another.
(31) Violation of Any Law--violating a Texas
or federal law that is not already defined as a major or minor rule
violation.
(h) Minor Rule
Violations. It is a violation to knowingly commit, attempt to commit, direct
someone to commit, or aid someone else in committing any of the following:
(1) Breaching Group
Confidentiality--disclosing or discussing information provided in a group
session to another person not present in that group session.
(2) Disruption of Program--engaging in
behavior that requires intervention to the extent that the current program of
the youth and/or others is disrupted. This includes, but is not limited to:
(A) disrupting a scheduled
activity;
(B) being loud or
disruptive without staff permission;
(C) using profanity or engaging in
disrespectful behavior toward staff or peers; or
(D) refusing to participate in a scheduled
activity or abide by program rules.
(3) Failure to Abide by Dress Code--failing
to follow the rules of dress and appearance as provided by facility
rules.
(4) Failure to do Proper
Housekeeping--failing to complete the daily chores of cleaning the living
environment to the expected standard.
(5) Gang Activity--participating in an
activity or behavior that promotes the interests of a gang or possessing or
exhibiting anything related to or signifying a gang, such as, but not limited
to, gang-related literature, symbols, or signs.
(6) Gambling or Possession of Gambling
Paraphernalia--engaging in a bet or wager with another person or possessing
paraphernalia that may be used for gambling.
(7) Horseplay--engaging in wrestling,
roughhousing, or playful interaction with another person or persons that does
not rise to the level of an assault. Horseplay does not result in any party
getting upset or causing injury to another.
(8) Improper Use of
Telephone/Mail/Computer--using the mail, a computer, or the telephone system
for communication that is prohibited by facility rules, at a time prohibited by
facility rules, or to inappropriately access information.
(9) Lending/Borrowing/Trading Items--lending
or giving to another youth, borrowing from another youth, or trading with
another youth possessions, including food items, without permission from
staff.
(10) Lying/Falsifying
Documentation/Cheating--lying or withholding information from staff, falsifying
a document, and/or cheating on an assignment or test.
(11) Possession of an Unauthorized
Item--possessing an item the youth is not authorized to have (possession of
which is not a major rule violation), including items not listed on the youth's
personal property inventory. This does not include personal letters or
photographs.
(12) Refusal to Follow
Staff Verbal Instructions--deliberately failing to comply with a specific
reasonable verbal instruction made by a staff member.
(13) Stealing--intentionally taking property
with an estimated value under $100 from another without permission.
(14) Threatening Others--making verbal or
physical threats toward another person or persons.
(15) Unauthorized Physical Contact with
Another Youth (No Injury)--intentionally making unauthorized physical contact
with another youth without the intent to cause injury and that does not cause
injury, such as, but not limited to, pushing, poking, or grabbing.
(16) Unauthorized Physical Contact with Staff
(No Injury)--intentionally making unauthorized physical contact with a staff
member, contract employee, or volunteer without the intent to cause injury and
that does not cause injury, such as, but not limited to, pushing, poking, and
grabbing.
(17) Undesignated
Area--being in any area without the appropriate permission to be in that
area.
(18) Vandalism--intentionally
causing less than $100 in damage to state or personal property.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct for residential facilities. Violations of the rules may result in disciplinary consequences that are proportional to the severity and extent of the violation. Appropriate due process , including a consideration of extenuating circumstances , shall be followed before imposing consequences.
(b) Applicability. This rule applies to youth assigned to residential facilities operated by the Texas Juvenile Justice Department (TJJD).
(c) Definitions. The following terms, as used in this rule, have the following meanings unless the context clearly indicates otherwise.
(1) Attempt to Commit--a youth, with specific intent to commit a rule violation, engages in conduct that amounts to more than mere planning that tends but fails to effect the commission of the intended rule violation.
(2) Bodily Injury--physical pain, illness, or impairment of physical condition. Fleeting pain or minor discomfort does not constitute bodily injury.
(3) Direct Someone to Commit--occurs when:
(A) a youth communicates with another youth;
(B) the communication is intended to cause the other youth to commit a rule violation; and
(C) the other youth commits or attempts to commit a rule violation.
(4) Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.
(d) General Provisions.
(1) Formal incident reports are completed for alleged rule violations as required by internal operational procedures.
(2) A formal incident report is not proof that a youth committed an alleged rule violation. Only rule violations that are proven through a Level I or Level II due process hearing in accordance with § 380.9551 or § 380.9555 of this chapter, respectively, are considered proven and are considered a part of a youth's disciplinary record. A formal incident report is not appealable or grievable; only disciplinary consequences may be appealed or grieved, as provided below.
(3) When a youth is found to be in possession of prohibited money as defined in this rule, a Level II hearing is required to seize the money. Seized money shall be placed in the student benefit fund in accordance with § 380.9555 of this chapter.
(4) This paragraph applies only to youth not on parole status who are alleged to have engaged in conduct classified as a first- or second-degree felony while in a residential facility operated by or under contract with TJJD. A Level II hearing shall be requested on these youth unless it is determined that, given all circumstances, a Level II hearing is not appropriate. Such decision shall be documented. If a requested Level II hearing is held and the allegation is proved, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by § 380.9510 of this chapter.
(e) Disciplinary Consequences.
(1) Disciplinary consequences shall be established in writing in TJJD's procedural manuals. Appropriate disciplinary consequences may be imposed only if the consequences are established in writing in TJJD's procedural manuals prior to the occurrence of the conduct for which the consequence is issued.
(2) Disciplinary consequences may include, but are not limited to, the following:
(A) suspension of privileges;
(B) restriction from planned activities;
(C) trust-fund restriction; and
(D) disciplinary transfer to a high-restriction facility (available only for youth on institutional status in a medium-restriction facility).
(3) The following are prohibited as disciplinary consequences:
(A) corporal or unusual punishment;
(B) subjecting a youth to humiliation, harassment, or physical or mental abuse;
(C) subjecting a youth to personal injury;
(D) subjecting a youth to property damage or disease;
(E) punitive interference with the daily functions of living, such as eating or sleeping;
(F) purposeless or degrading work, including group exercise as a consequence;
(G) placement in the intervention program under § 380.9510 of this chapter;
(H) disciplinary isolation; and
(I) extending a youth's stay in a TJJD facility.
(4) A Level II hearing is required before imposing a disciplinary consequence that materially alters a youth's living conditions, including disciplinary transfer from a medium-restriction facility to a high-restriction facility . TJJD's procedural manuals will specify which disciplinary consequences require a Level II hearing. Disciplinary consequences requiring a Level II hearing are considered major consequences.
(5) If a Level II hearing is not required, the following must occur before imposing disciplinary consequences for a youth in a high-restriction facility :
(A) a written description of the incident must be prepared;
(B) staff must tell the youth which rule violation the youth allegedly committed and describe the information staff has that establishes the youth committed it;
(C) staff must tell the youth what disciplinary consequence(s) staff is considering imposing; and
(D) the youth must be given the opportunity to address the allegation, including providing any extenuating circumstances and information on the appropriateness of the intended consequence(s).
(6) If a Level II hearing is not required, a Level III hearing must occur before imposing disciplinary consequences for a youth in a medium-restriction facility, in accordance with § 380.9557 of this chapter.
(f) Review and Appeal of Consequences.
(1) All disciplinary consequences shall be reviewed for policy compliance by the facility administrator or designee within three calendar days after issuance. The reviewing staff shall not be the staff who issued the discipline.
(2) The reviewing staff may remove or reduce any disciplinary consequence determined to be excessive or not validly related to the nature or seriousness of the conduct.
(3) Youth may appeal disciplinary consequences issued through a Level II hearing by filing an appeal in accordance with § 380.9555 of this chapter.
(4) Youth in medium-restriction facilities may appeal disciplinary consequences issued through a Level III hearing by filing an appeal in accordance with § 380.9557 of this chapter.
(5) Youth in high-restriction facilities may grieve disciplinary consequences issued without a Level II hearing by filing a grievance in accordance with § 380.9331 of this chapter.
(g) Major Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:
(1) Assault of Another Youth (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to another youth but the conduct does not result in bodily injury.
(2) Assault of Staff (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to a staff member, contract employee, or volunteer with the intent to cause injury but the conduct does not result in bodily injury.
(3) Assault Causing Bodily Injury to Another Youth--intentionally, knowingly, or recklessly engaging in conduct that causes another youth to suffer bodily injury.
(4) Assault Causing Bodily Injury to Staff--intentionally, knowingly, or recklessly engaging in conduct that causes a staff member, contract employee, or volunteer to suffer bodily injury.
(5) Attempted Escape--committing an act with specific intent to escape that amounts to more than mere planning that tends but fails to effect an escape.
(6) Chunking Bodily Fluids--causing a person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, and/or feces of another with the intent to harass, alarm, or annoy another person.
(7) Distribution of Prohibited Substances--distributing or selling any prohibited substances or items.
(8) Escape--leaving a high-restriction residential placement without permission or failing to return from an authorized leave.
(9) Extortion or Blackmail--demanding or receiving favors, money, actions, or anything of value from another in return for protection against others, to avoid bodily harm, or in exchange for not reporting a violation.
(10) Failure to Comply with Electronic Monitoring Program Conditions (for Youth in Medium-Restriction Residential Placement)--failing to comply with one of the following conditions required by the youth's electronic monitoring program conditions:
(A) remain at the address listed at all designated times;
(B) follow curfew restriction as stated in the youth's conditions of placement or conditions of parole;
(C) remain at the approved placement while on electronic monitoring, going only to school, approved activities, religious functions, and medical/psychological appointments and then return to the approved placement, in accordance with the schedule identified in the conditions of placement or conditions of parole;
(D) wear the electronic monitoring device 24 hours a day;
(E) allow a TJJD staff member to enter the youth's residence to install, maintain, and inspect the device if required;
(F) notify the electronic monitoring officer as soon as possible within 24 hours if the youth experiences any problems with the electronic monitoring system; and
(G) charge the device daily for a minimum of one hour continuously in the morning and one hour continuously in the evening.
(11) Fighting Not Resulting in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that does not result in bodily injury.
(12) Fighting That Results in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that results in bodily injury.
(13) Fleeing Apprehension--running from or refusing to come to staff when called and such act results in disruption of facility operations.
(14) Misuse of Medication--using medication provided to the youth by authorized personnel in a manner inconsistent with specific instructions for use, including removing the medication from the dispensing area.
(15) Participating in a Major Disruption of Facility Operations--intentionally engaging in conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs.
(16) Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling, or attempting to purchase ammunition.
(17) Possession of Prohibited Items--possessing the following prohibited items:
(A) cellular telephone;
(B) matches or lighters;
(C) jewelry, unless allowed by facility rules;
(D) money in excess of the amount or in a form not permitted by facility rules (see § 380.9555 of this chapter for procedures concerning seizure of such money);
(E) pornography;
(F) items which have been fashioned to produce tattoos or body piercing;
(G) cleaning products when the youth is not using them for a legitimate purpose; or
(H) other items that are being used inappropriately in a way that poses a danger to persons or property or threatens facility security.
(18) Possessing, Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or an item that has been made or adapted for use as a weapon.
(19) Possession or Use of Prohibited Substances and Paraphernalia--possessing or using any unauthorized substance, including controlled substances or intoxicants, medications not prescribed for the youth by authorized medical or dental staff, alcohol, tobacco products, or related paraphernalia such as that used to deliver or make any prohibited substance.
(20) Refusing a Drug Screen--refusing to take a drug screen when requested to do so by staff or tampering with or contaminating the urine sample provided for a drug screen. (Note: If the youth says he/she cannot provide a sample, the youth shall be given water to drink and two hours to provide the sample.)
(21) Refusing a Search--refusing to submit to an authorized search of person or area.
(22) Repeated Non-Compliance with a Written, Reasonable Request of Staff (for Youth in Medium-Restriction Residential Placement)--failing on two or more occasions to comply with a specific written, reasonable request of staff. If the request requires the youth to do something daily or weekly, the two failures to comply must be within a 30-day period. If the request requires the youth to do something monthly, the two failures to comply must be within a 60-day period.
(23) Sexual Misconduct--intentionally or knowingly engaging in any of the following:
(A) causing contact, including penetration (however slight), between the penis and the vagina or anus; between the mouth and penis, vagina or anus; or penetration (however slight) of the anal or genital opening of another person by hand, finger, or other object;
(B) touching or fondling, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person;
(C) kissing for sexual stimulation;
(D) exposing the anus, buttocks, breasts, or genitals to another or exposing oneself knowing the act is likely to be observed by another person; or
(E) masturbating in an open and obvious way, whether or not the genitals are exposed.
(24) Stealing--intentionally taking property with an estimated value of $100 or more from another without permission.
(25) Tampering with Monitoring Equipment--a youth intentionally or knowingly tampers with monitoring equipment assigned to any youth.
(26) Tampering with Safety Equipment--intentionally tampering with, damaging, or blocking any device used for safety or security of the facility. This includes, but is not limited to, any locking device or item that provides security access or clearance, any fire alarm or fire suppression system or device, video camera, radio, telephone (when the tampering prevents it from being used as necessary for safety and/or security), handcuffs, or shackles.
(27) Tattooing/Body Piercing--engaging in tattooing or body piercing of self or others. Tattooing is defined as making a mark on the body by inserting pigment into the skin.
(28) Threatening Another with a Weapon--intentionally and knowingly threatening another with a weapon. A weapon is something that is capable of inflicting bodily injury in the manner in which it is being used.
(29) Unauthorized Absence--leaving a medium-restriction residential placement without permission or failing to return from an authorized leave.
(30) Vandalism--intentionally causing $100 or more in damage to state property or personal property of another.
(31) Violation of Any Law--violating a Texas or federal law that is not already defined as a major or minor rule violation.
(h) Minor Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:
(1) Breaching Group Confidentiality--disclosing or discussing information provided in a group session to another person not present in that group session.
(2) Disruption of Program--engaging in behavior that requires intervention to the extent that the current program of the youth and/or others is disrupted. This includes, but is not limited to:
(A) disrupting a scheduled activity;
(B) being loud or disruptive without staff permission;
(C) using profanity or engaging in disrespectful behavior toward staff or peers; or
(D) refusing to participate in a scheduled activity or abide by program rules.
(3) Failure to Abide by Dress Code--failing to follow the rules of dress and appearance as provided by facility rules.
(4) Failure to do Proper Housekeeping--failing to complete the daily chores of cleaning the living environment to the expected standard.
(5) Gang Activity--participating in an activity or behavior that promotes the interests of a gang or possessing or exhibiting anything related to or signifying a gang, such as, but not limited to, gang-related literature, symbols, or signs.
(6) Gambling or Possession of Gambling Paraphernalia--engaging in a bet or wager with another person or possessing paraphernalia that may be used for gambling.
(7) Horseplay--engaging in wrestling, roughhousing, or playful interaction with another person or persons that does not rise to the level of an assault. Horseplay does not result in any party getting upset or causing injury to another.
(8) Improper Use of Telephone/Mail/Computer--using the mail, a computer, or the telephone system for communication that is prohibited by facility rules, at a time prohibited by facility rules, or to inappropriately access information.
(9) Lending/Borrowing/Trading Items--lending or giving to another youth, borrowing from another youth, or trading with another youth possessions, including food items, without permission from staff.
(10) Lying/Falsifying Documentation/Cheating--lying or withholding information from staff, falsifying a document, and/or cheating on an assignment or test.
(11) Possession of an Unauthorized Item--possessing an item the youth is not authorized to have (possession of which is not a major rule violation), including items not listed on the youth's personal property inventory. This does not include personal letters or photographs.
(12) Refusal to Follow Staff Verbal Instructions--deliberately failing to comply with a specific reasonable verbal instruction made by a staff member.
(13) Stealing--intentionally taking property with an estimated value under $100 from another without permission.
(14) Threatening Others--making verbal or physical threats toward another person or persons.
(15) Unauthorized Physical Contact with Another Youth (No Injury)--intentionally making unauthorized physical contact with another youth without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, or grabbing.
(16) Unauthorized Physical Contact with Staff (No Injury)--intentionally making unauthorized physical contact with a staff member, contract employee, or volunteer without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, and grabbing.
(17) Undesignated Area--being in any area without the appropriate permission to be in that area.
(18) Vandalism--intentionally causing less than $100 in damage to state or personal property.