1. (a) The following duties and responsibilities may be performed only by certified juvenile probation officers, except as allowed by subsection (b) of this section:

   1. (1) recommending a disposition in formal court proceedings;
   2. (2) providing final approval of written social history reports;
   3. (3) acting as the primary supervising officer for court-ordered and deferred prosecution cases;
   4. (4) acting as the primary supervising officer in a collaborative supervision agreement under Texas Family Code §51.075;
   5. (5) developing and implementing case plans in accordance with Subchapter E of this chapter;
   6. (6) conducting intake interviews and preliminary investigations and making release decisions under Texas Family Code §53.01, unless another staff member is designated to do so by the juvenile board;
   7. (7) taking a child into custody as authorized by Texas Family Code §§52.01(a)(4), 52.01(a)(6), or 52.015;
   8. (8) serving as the designated inter-county transfer officer and performing the duties required by Texas Family Code §51.072;
   9. (9) referring a child to a local mental health or mental retardation authority as required by Texas Family Code §54.0408;

   10. (10) explaining to the juvenile and to the juvenile's parent, guardian, or custodian, the following, as required by Texas Family Code §58.209:

       1. (A) who will have access to the juvenile's record; and
       2. (B) under what circumstances that record may be eligible for restricted access or sealing; and
   11. (11) providing the juvenile with a written copy of the explanation in paragraph (10) of this subsection.
2. (b) Subject to the application deadline established in Chapter 344 of this title, an individual hired as a juvenile probation officer who is not yet certified as a juvenile probation officer may perform the duties under subsection (a) of this section if the individual has completed a minimum of 40 hours of training, which must include the mandatory topics required in Chapter 344 of this title.

Source Note:The provisions of this §341.400 adopted to be effective January 1, 2017, 41 TexReg 5433.