SECTION 355.430. Supervision Requirements

(a) Ratios. Ratios of juvenile supervision officers to residents on facility premises must adhere to the requirements set forth in this standard and be documented in policies and procedures.

(1) Regardless of the ratio requirements established in paragraphs (2) and (3) of this subsection, at least one juvenile supervision officer must be on duty at all times.

(2) During program hours, the ratio must be at least one juvenile supervision officer for every 12 residents.

(3) During non-program hours, the ratio must be at least one juvenile supervision officer for every 24 residents.

(4) A juvenile supervision officer may be counted in the ratio only if requirements of §355.428 and, if applicable, §355.429 of this title are met.

(b) Same-Gender Supervision Requirement.

(1) Policies and practice must ensure at least one juvenile supervision officer of each gender represented in the resident population is on duty and available to the residents on every shift.

(2) Cross-gender supervision is prohibited during showers, physical searches, pat downs, disrobing of suicidal residents, or other times in which personal hygiene practices or needs would require the presence of a staff member of the same gender. However, if the resident is behind a closed, windowless door to shower or care for other personal hygiene needs, a same-gender staff member is not required. The requirements of this standard must be detailed in the facility's policies and procedures.

(c) Level of Supervision.

(1) Program Hours.

(A) A juvenile supervision officer must provide direct supervision for residents during all program activities occurring on the facility's premises, except as described in paragraph (2) of this subsection.

(B) The facility must conduct two documented resident counts during program hours. To count a resident as present, the staff member must visually observe the resident. Each count must include:

(i) the physical location of each resident;

(ii) for residents who are on the facility's premises, the resident's current activity; and

(iii) for residents who are off the facility's premises, the reason for the off-premises activity.

(2) Groups Supervised by Qualified Individuals. Residents may be supervised by a qualified individual when the individual is working with the residents in a capacity that relates to the individual's:

(A) work experience;

(B) relevant training;

(C) specialized licensure; or

(D) certification.

(3) Non-Program Hours.

(A) A juvenile supervision officer must visually observe and document each resident at random intervals not to exceed 15 minutes in a SOHU.

(B) A juvenile supervision officer must have constant visual observation of residents in a MOHU and must document general observations of dorm activity at intervals not to exceed 30 minutes. If the physical configuration of the MOHU does not allow for constant visual observation of all residents, a juvenile supervision officer must visually observe and document each resident at random intervals not to exceed 15 minutes.

(C) A juvenile supervision officer must document each visual observation made of residents. The documentation must include the time of the observation.

Source Note: The provisions of this §355.430 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701