1. (a) Personnel Policies. The juvenile board must establish written personnel policies.

2. (b) Department Policies. The juvenile board must establish written department policies and procedures. These policies and procedures must address the following topics if they apply.

   1. (1) Diversion of Juveniles in a General Residential Operation.

      1. (A) As required by §152.00145, Human Resources Code, the juvenile board must establish policies that prioritize:

         1. (i) the diversion from referral to a prosecuting an attorney under Chapter 53, Family Code, juveniles residing in a general residential operation, particularly children alleged to have engaged in conduct constituting a misdemeanor involving violence to a person; and
         2. (ii) the limitation of detention to such juveniles to circumstances of last resort.

      2. (B) To monitor the success of policies implemented under subparagraph (A) of this paragraph, a juvenile board shall track:

         1. (i) the number of juveniles residing in a general residential operation who are referred to the juvenile probation department or other intake entity for the juvenile court;
         2. (ii) the number of juveniles described by clause (i) of this subparagraph who are placed on deferred prosecution; and
         3. (iii) the general residential operation where each child tracked under this section resided at the time of the conduct that result in the referral.
      3. (C) For purposes of this subsection, a "general residential operation" is a child-care facility that provides care for seven or more children for 24 hours a day, including facilities known as residential treatment centers and emergency shelters. General residential operations are licensed, certified, or registered by the Health and Human Services Commission, as provided by Chapter 42, Human Resources Code.

   2. (2) Volunteers and Interns. If a juvenile probation department uses volunteers or interns, the juvenile board must establish policies for the volunteer and/or internship program that include:

      1. (A) a description of the scope, responsibilities, and limited authority of volunteers and interns who work with the department;
      2. (B) selection and termination criteria, including disqualification based on specified criminal history;
      3. (C) a requirement to conduct criminal history searches and non-criminal background searches as described in Chapter 344 of this title for volunteers and interns who will have direct, unsupervised access to juveniles or direct contact with a juvenile, as defined in Chapter 344 of this title;
      4. (D) a prohibition on having unsupervised contact with juveniles for volunteers and interns whose history does not meet the requirements in Chapter 344 of this title;
      5. (E) the orientation and training requirements, including training on recognizing and reporting abuse, neglect, and exploitation;
      6. (F) a requirement that volunteers and interns meet minimum professional requirements if serving in a professional capacity; and
      7. (G) a requirement to maintain a sign-in log that documents the name of the volunteer or intern, the purpose of the visit, the date of the service, and the beginning and ending time of the service performed for the department.

   3. (3) Zero-Tolerance for Sexual Abuse. The juvenile board must establish zero-tolerance policies and procedures regarding sexual abuse as defined in Chapter 358 of this title. The policies and procedures must:

      1. (A) prohibit sexual abuse of juveniles under the jurisdiction of the department by department staff, volunteers, interns, and contractors;
      2. (B) establish the actions department staff must take in response to allegations of sexual abuse and TJJD-confirmed incidents of sexual abuse; and
      3. (C) provide for administrative disciplinary sanctions and referral for criminal prosecution.
   4. (4) Pretrial Detention for Certain Juveniles. As required by §152.0015, Human Resources Code, the juvenile board must establish a policy that specifies whether a person who has been transferred for criminal prosecution under §54.02, Family Code, and is younger than 17 years of age may be detained in a juvenile facility pending trial.

   5. (5) Juveniles Younger Than 12 Years of Age. As required by §152.00145, Human Resources Code, the juvenile board must establish policies that prioritize:

      1. (A) the diversion of children younger than 12 years of age from referral to a prosecuting attorney under Chapter 53, Family Code; and
      2. (B) the limitation of detention of children younger than 12 years of age to circumstances of last resort.

   6. (6) Taking Juveniles into Custody. The juvenile board must establish a policy that specifies whether juvenile probation officers may take a juvenile into custody as allowed by §§52.01(a)(4), 52.01(a)(6), or 52.015, Family Code.

      1. (A) If the policy allows juvenile probation officers to take a juvenile into custody, the policy must specify whether the officers are allowed to use force in doing so.

      2. (B) If the policy allows juvenile probation officers to use force in taking a juvenile into custody, the policy must:

         1. (i) address prohibited conduct, circumstances under which force is authorized, and training requirements;
         2. (ii) require each use of force to be documented, except when the only force used is the placement of mechanical restraints on the juvenile.

   7. (7) Training Requirements.

      1. (A) The juvenile board must establish a policy that requires training to each employee, volunteer, or independent contractor who may be placed in direct contact with a juvenile receiving services from the department or facility. The training must include:

         1. (i) recognition of the signs of physical and sexual abuse and reporting requirements for suspected physical and sexual abuse;
         2. (ii) the department's or facility's policies related to reporting physical and sexual abuse; and
         3. (iii) methods for maintaining professional and appropriate relationships with children.

      2. (B) For purposes of this paragraph, a person may be placed in direct contact with a juvenile receiving services from the department or facility if the person's position potentially requires the person to:

         1. (i) provide care, supervision, or guidance to a child;
         2. (ii) exercise any form of control over a child; or
         3. (iii) routinely interact with a child.

Source Note:The provisions of this §341.202 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective April 1, 2019, 44 TexReg 712; amended to be effective April 1, 2026, 51 TexReg 1417.