SECTION 349.100. Definitions

The words and terms used in this chapter shall have the following definitions unless the context clearly indicates otherwise.

(1) Address of record--A Certified Officer's most recent address of record with the Texas Juvenile Probation Commission.

(2) Administrative Designee--The chief administrative officer or facility administrator who was directly responsible for the policies and procedures that resulted in an incident of abuse, neglect or exploitation.

(3) Administrative review--A review by a Commission-appointed hearing examiner of the case that formed the basis for assigning the role of Designated Perpetrator or Administrative Designee to a Certified Officer.

(4) 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.

(5) 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.

(6) APA--The Texas Administrative Procedure Act, Chapter 2001 of the Texas Government Code Annotated.

(7) Applicant--An individual applying for certification or recertification as a juvenile supervision or probation officer.

(8) Attorney of record--A person licensed to practice law in Texas who has provided the Commission with written notice of representation.

(9) Authorized representative--An attorney authorized to practice law in the State of Texas or, if authorized by applicable law, a person designated by a party to represent the party.

(10) Board--The governing board of the Texas Juvenile Probation Commission.

(11) Certified Officer--A juvenile supervision or probation officer who has satisfied the minimum certification requirements and is currently certified by the Commission.

(12) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department, including a juvenile probation department with multi-county jurisdiction.

(13) Code of Ethics--The Certified Officer Code of Ethics contained in Chapter 345 of this title.

(14) Commission--The Texas Juvenile Probation Commission.

(15) Default proceeding--The issuance of a proposal for decision or an order in which the factual allegations against the Certified Officer in a contested case are deemed admitted as true upon the Certified Officer's failure to appear at a properly noticed hearing or failure to file a response to the formal charges.

(16) 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.

(17) Disciplinary Action--Commission action that could adversely affect the certification of a Certified Officer.

(18) Disciplinary Proceedings--Initiation and pursuit by the Commission of proceedings that could result in disciplinary action.

(19) Executive Director--The Executive Director of the Texas Juvenile Probation Commission.

(20) 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 secure facility.

(21) Formal Charges--Formal pleading by the Commission alleging the basis for disciplinary action against a Certified Officer.

(22) Hearing--An adjudicative proceeding at the State Office of Administrative Hearings.

(23) Judge--A State Office of Administrative Hearings administrative law judge who presides over an administrative hearing held under Chapter 2001 of the Texas Government Code Annotated.

(24) Juvenile Board--A county's governing board created under Chapter 152 of the Texas Human Resources Code.

(25) Juvenile Probation Department ("department")--A county or district level 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 141 of the Texas Human Resources Code.

(26) 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:

(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 §51.12 of the Texas Family Code;

(B) A public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with §51.125 of the Texas Family Code, 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.

(27) 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.

(28) 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 agency administrative law that can only be performed by a person with an active Commission-issued certification.

(29) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a juvenile justice program or juvenile justice facility.

(30) Notice of Disposition--The Commission's notification of disposition sent to appropriate parties upon conclusion of an abuse, neglect or exploitation investigation.

(31) SOAH--The State Office of Administrative Hearings.

(32) Sustained Perpetrator--A Designated Perpetrator as defined in paragraph (16) of this section who has already been offered the right to an administrative review and the Designated Perpetrator's right to an administrative review has expired or the disposition was upheld.

Source Note: The provisions of this §349.100 adopted to be effective May 1, 2010, 35 TexReg 3289