Texas Administrative Code
Title 37 - PUBLIC SAFETY AND CORRECTIONS
Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT
Chapter 350 - INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS
Section 350.100 - Definitions
Universal Citation: 37 TX Admin Code ยง 350.100
Current through Reg. 49, No. 12; March 22, 2024
(a) The terms used in this chapter apply to the investigations of alleged abuse, neglect, exploitation, death conducted by the Commission and to the Commission's procedures relating to serious incidents.
(b) Terms used in this chapter shall have the following meanings unless otherwise expressly defined within the chapter.
(1) Abuse, Neglect and Exploitation--The
definitions of "abuse", "neglect" and "exploitation" shall have the meanings
ascribed under Texas Family Code §
261.001 and §
261.401. For
the purposes of this chapter, "abuse" includes serious physical abuse and
sexual as defined in this section.
(2) Administrator--The chief administrative
officer of a juvenile probation department, a public or private juvenile
justice program or a public or private juvenile justice facility.
(3) Administrative Designee--The role
assigned to the administrator, when a preponderance of evidence determines that
the proximate cause of the allegation was based on policies and procedures
under the direct control of the administrator.
(4) Alleged Perpetrator--A person alleged as
being responsible for the abuse, neglect or exploitation of a juvenile through
the person's actions or failure to act.
(5) Alleged Victim--A juvenile under the
jurisdiction of the juvenile court or participating in a program operated under
the authority of the governing board or juvenile board who is alleged to be a
victim of abuse, neglect or exploitation.
(6) Attempted Suicide--Any voluntary and
intentional action that could reasonably result in taking one's own
life.
(7) Call Line--The toll-free
number made available for reporting allegations of abuse, neglect,
exploitation, death and serious incidents within the juvenile justice
system.
(8) Commission--The Texas
Juvenile Probation Commission.
(9)
Designated Perpetrator--The individual responsible for the abuse, neglect or
exploitation of a juvenile who has not exhausted the right to administrative
review or whose right to administrative review has not expired.
(10) Designated Victim--The juvenile who was
abused, neglected or exploited.
(11) Escape--
(A) The voluntary, unauthorized departure, or
attempt to depart, by an individual who is in custody; or
(B) Failure to return to custody following an
authorized temporary leave for a specific purpose or limited period.
(12) Incident Report Form--The
required form used to report to the Commission alleged abuse, neglect,
exploitation, death and serious incidents.
(13) Internal Investigation Report--The
written report submitted to the Commission that summarizes the steps taken and
the evidence collected during an internal investigation of alleged abuse,
neglect, exploitation or death.
(14) Juvenile--A person who is under the
jurisdiction of the juvenile court, confined in a juvenile justice facility, or
participating in a juvenile justice program.
(15) Juvenile Justice Facility
("facility")--A facility, including its premises and all affiliated sites,
whether contiguous or detached, operated wholly or partly by or under the
authority of the governing board, juvenile board or by a private vendor under a
contract with the governing board, juvenile board or governmental unit that
serves juveniles under juvenile court jurisdiction. The term includes, but is
not limited to:
(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,
except for a facility operated solely for children committed to the Texas Youth
Commission; and
(C) A public or
private non-secure juvenile post-adjudication residential treatment facility
housing juveniles under juvenile court jurisdiction.
(16) Juvenile Justice Program ("program")--A
program or department operated wholly or partly by the governing board,
juvenile board or by a private vendor under a contract with the governing
board, or juvenile board that serves juveniles under juvenile court
jurisdiction or juvenile board jurisdiction. The term includes a juvenile
justice alternative education program and a non-residential program that serves
juvenile offenders under the jurisdiction of the juvenile court or juvenile
board jurisdiction and a juvenile probation department.
(17) Juvenile Probation Department
("department")--All physical offices and premises utilized by a county or
district level governmental unit established under the authority of a juvenile
board(s) to facilitate the execution of the responsibilities of a juvenile
probation department enumerated in Title 3 of Texas Family Code and Chapter 141
of Texas Human Resources Code.
(18)
Peace Officer--A person elected, employed, or appointed as a peace officer
under Code of Criminal Procedure, Article 2.12.
(19) Report--Formal notification to the
Commission of alleged abuse, neglect, exploitation or death or of a serious
incident.
(20) Reportable
Injury--Any injury sustained accidentally, intentionally, recklessly or
otherwise that:
(A) Requires medical
treatment as defined in this section; or
(B) Results from a personal, mechanical or
chemical restraint and is a substantial injury as defined in this
section.
(21) Serious
Incident--Attempted escape, attempted suicide, escape, reportable injury,
youth-on-youth physical assault or youth sexual conduct as defined in this
section.
(22) Serious Physical
Abuse--Bodily harm or condition that resulted directly or indirectly from the
conduct that formed the basis of an allegation of abuse, neglect or
exploitation, if the bodily harm or condition requires medical treatment as
defined in this section.
(23)
Sexual Abuse--Conduct committed by any person against a juvenile that includes
sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless
of age, may not affirmatively or impliedly consent to the acts as defined in
this section under any circumstances.
(24) Sexual Abuse by Contact--Any physical
contact with a juvenile that includes: intentional touching of the genitalia,
anus, groin, breast, inner thigh or buttocks with the intent to abuse,
intimidate, hurt, humiliate or harass, arouse or gratify sexual desire; deviate
sexual intercourse; sexual contact; sexual intercourse; or sexual performance
as those terms are defined in subparagraphs (A) - (D) of this paragraph.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the
genitals of one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the
anus of another person with a hand, finger or other object.
(B) "Sexual contact" means the
following acts, if committed with the intent to arouse or gratify the sexual
desire of any person:
(i) any touching by a
person, including touching through clothing, of the anus, breast, or any part
of the genitals of a person; or
(ii) any touching of any part of the body of
a person, including touching through clothing, with the anus, breast, or any
part of the genitals of a person.
(C) "Sexual intercourse" means any
penetration of the female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a
sexual or suggestive nature performed in front of one or more persons including
simulated or actual sexual intercourse, deviate sexual intercourse, bestiality,
masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the
anus, or any portion of the female breast below the top of the
areola.
(25) Sexual
Abuse by Non-Contact--Any sexual behavior, conduct, harassment or actions other
than those defined by sexual abuse by contact, which are exhibited, performed
or simulated:
(A) in the presence of a
juvenile or with reckless disregard for the presence of a juvenile;
(B) with the intent to arouse or gratify the
sexual desire of any person;
(C)
with the intent to intimidate, hurt, humiliate or harass any person;
(D) including repeated verbal statement or
comments of a sexual nature; and
(E) including demeaning references to gender,
derogatory comments about body or clothing or profane or obscene language or
gestures.
(F) These behaviors,
conduct and actions include indecent exposure, voyeurism, distribution or
exhibition of pornographic or sexually explicit material or sexual performance
as defined in paragraph (24)(D) of this subsection.
(26) Substantial Injury--An injury that is
significant in size, degree or severity.
(27) Sustained Perpetrator--A designated
perpetrator as defined in this section who has already been offered the right
to an administrative review and the designated perpetrator's rights to the
administrative review have expired or the disposition was upheld.
(28) TCLEOSE--Texas Commission on Law
Enforcement Officer Standards and Education.
(29) Youth-on-Youth Physical Assault--A
physical altercation between two or more juveniles that results in any of the
involved parties sustaining an injury that requires medical treatment as
defined in this section.
(30) Youth
Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate
sexual intercourse, sexual contact, sexual intercourse, sexual performance as
those terms are defined in paragraph (24) of this subsection or sexual
behavior, conduct or actions which are exhibited, performed or simulated as
those terms are defined in paragraph (25) of this subsection. A juvenile may
not consent to the acts as defined in this section under any circumstances.
Consent may not be implied regardless of the age of the juvenile.
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