The following words and terms when used in this chapter shall have the following meanings, unless otherwise expressly defined within the chapter.

1. (1) Behavioral Health Assessment--A mental health assessment conducted by a masters-level mental health provider who is licensed by one of the boards listed in paragraph (29) of this section and qualified by training to conduct all required elements of a behavioral health assessment. At a minimum, a behavioral health assessment must include the following elements:

   1. (A) Clinical interview;

   2. (B) Psycho-social evaluation, to include:

      1. (i) family history;
      2. (ii) community/living environment;
      3. (iii) peer relationships; and
      4. (iv) academic/vocational history;

   3. (C) Review of the following files and associated records in the possession of the juvenile probation department:

      1. (i) juvenile probation records;
      2. (ii) mental health records;
      3. (iii) medical records;
      4. (iv) previous mental health testing records; and
      5. (v) educational records;
   4. (D) Parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the mental health provider deems appropriate, such as a teacher or the child's juvenile probation officer;

   5. (E) Psychometric testing, to include:

      1. (i) Achievement assessment, only if there is no record of an achievement assessment within the last three years;
      2. (ii) Personality assessment, only if there is no record of a personality assessment within the last three years;

      3. (iii) Intellectual assessment, only if:

         1. (I) there is no record of an intellectual assessment within the last three years; or

         2. (II) a new intellectual assessment is indicated by:

            (-a-) pervasive use of drugs known to impair thought processes;

            (-b-) traumatic brain injury;

            (-c-) the child was age 12 or younger on the date of the most recent psychometric testing; or

            (-d-) obvious impairment in cognitive or interpersonal functioning; and

   6. (F) Review of risks, strengths, and recommendations for intervention.
2. (2) 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 for a single county or a multi-county judicial district.
3. (3) Commission--The Texas Juvenile Justice Department (successor agency to the Texas Juvenile Probation Commission).
4. (4) Common Activity Area--Area inside the facility to which residents have access and in which activities are conducted. This area includes, but is not limited to dayrooms, covered recreation areas, recreation rooms, education rooms, counseling rooms, testing rooms, visitation areas, and medical or dental rooms.

5. (5) Contraband--Any item not issued to employees for the performance of their duties and which employees have not obtained supervisory approval to possess. Contraband also includes any item given to a resident by an employee or other individual, which a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to:

   1. (A) firearms;
   2. (B) knives;
   3. (C) ammunition;
   4. (D) drugs;
   5. (E) intoxicants;
   6. (F) pornography; and
   7. (G) any unauthorized written or verbal communication brought into or taken from an institution for a resident, former resident, associate of or family members of a resident.
6. (6) Date and Time of Admission--The date and time a juvenile has been authorized for detention in a secure pre-adjudication detention facility by an individual who is authorized by the juvenile board in accordance with §53.02 of the Texas Family Code. If the decision to detain was made prior to the juvenile's arrival to the facility, the date and time of admission shall be the same as the date and time of entry.
7. (7) Date and Time of Entry--The date and time a juvenile has been presented by law enforcement or a county juvenile probation officer to a pre-adjudication secure detention facility for processing and authorization of detention.
8. (8) Design Capacity--The number of people that can safely occupy a building or space as determined by the current architectural design and any building modifications, licensing, accreditation, regulatory authorities, and applicable building codes.
9. (9) Designee--The person authorized to perform a specific duty as assigned by the facility administrator.
10. (10) Detention--The temporary secure custody of a child as defined in and authorized by Title 3 of the Texas Family Code.
11. (11) Disciplinary Seclusion--The separation of a resident from other residents for disciplinary reasons, and the placement of the resident alone in an area from which egress is prevented for more than 90 minutes.
12. (12) Facility Administrator--The individual designated by the chief administrative officer or governing board of the facility who has the ultimate responsibility for managing and operating the facility. This definition includes the certified juvenile supervision officer who is designated in writing as the acting facility administrator during the absence of the facility administrator.
13. (13) Furlough--A period of time during which a resident is allowed to leave the facility premises and go into the community unsupervised for various purposes consistent with public interest.
14. (14) Hazardous Material--Any substance which is explosive, flammable, combustible, poisonous, corrosive, irritating or otherwise harmful and is likely to cause injury or death.
15. (15) Health Administrator--A person, who by virtue of education, experience or certification, is capable of assuming responsibility for arranging all levels of health care and ensuring quality and accessible health services for juveniles.
16. (16) Health Assessment--The process whereby the health status of an individual is evaluated, which may include questioning the patient regarding symptoms.
17. (17) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, medical and nursing care assistants, emergency medical technicians (EMT), and others who, by virtue of their education, credentials and experience, are permitted by law to evaluate and care for patients.
18. (18) Health Service Authority--The agency, organization, entity or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility.
19. (19) Housing Area--An area within a secure juvenile facility that contains any single occupancy housing unit or units (SOHU) and/or multiple occupancy housing unit or units (MOHU).
20. (20) Housing Unit--A unit within the housing area that may be designed and constructed as either a single occupancy housing unit (SOHU) or a multiple occupancy housing unit (MOHU).
21. (21) Individual Resident Sleeping Quarter--A cell or room designed and constructed to securely house one resident.
22. (22) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication secure detention facility into a post-adjudication secure correctional facility under the same administrative authority.
23. (23) Isolation--The separation of a resident from other residents and the placement of the resident alone in an area from which egress is prevented for assessment, medical, or protective purposes.
24. (24) 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 administered or operated under the authority of the juvenile board.
25. (25) Juvenile Supervision Officer--A person whose primary responsibility and essential function is the supervision of juveniles in a juvenile justice facility or a juvenile justice program operated by or under contract with the juvenile board.
26. (26) Material Safety Data Sheet (MSDS)--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects and safe handling/storage information.
27. (27) Medical Entity--An agency or organization that is primarily composed of health care professionals.
28. (28) Medical Treatment--Medical care, including diagnostic testing (e.g., x-rays, laboratory testing, etc.), performed or ordered by a physician, physician assistant or performed by a licensed nurse practitioner, emergency medical technician (EMT), paramedic or licensed vocational nurse (LVN) according to their respective licensure.

29. (29) Mental Health Provider--An individual who is licensed or otherwise authorized to provide mental health services by one or more of the following licensing boards:

    1. (A) Texas State Board of Examiners of Psychologists;
    2. (B) Texas State Board of Examiners of Professional Counselors;
    3. (C) Texas State Board of Examiners of Marriage and Family Therapists;
    4. (D) Texas Department of State Health Services;
    5. (E) Texas Medical Board; or
    6. (F) Texas State Board of Social Worker Examiners.
30. (30) Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review.
31. (31) Military-Style Program--A program or component in a post-adjudication secure correctional facility for juvenile offenders that features military-style discipline and structure as an integral part of its treatment and rehabilitation program.
32. (32) Multiple Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple occupancy sleeping which is self-contained and includes appropriate sleeping, sanitation, and hygiene equipment or fixtures.
33. (33) Non-Program Hours--Time period when all scheduled resident activity for the entire resident population in the facility has ceased for the day.
34. (34) Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities or activities related to the educational curriculum (i.e., physical education).
35. (35) Positive Screening--A scored result of a completed mental health screening instrument (i.e., MAYSI-2) recommending services requiring a primary service by a mental health provider as described on the MAYSI-2 reference card.
36. (36) Post-Adjudication Secure Correctional Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of the residents and is intended for the treatment and rehabilitation of youth who have been adjudicated. Subchapters A, B, D and E of this chapter apply to all post-adjudication secure correctional facilities. A post-adjudication secure correctional facility does not include any non-secure residential program operating under the authority of a governing board.
37. (37) Pre-Adjudication Secure Detention Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility and is used for the temporary placement of any juvenile or other individual who is accused of having committed an offense and is awaiting court action, an administrative hearing, or other transfer action. Subchapters A, B, C and E of this chapter apply to all pre-adjudication secure detention facilities. A pre-adjudication secure detention facility does not include a short-term detention facility as defined by §51.12(j) of the Texas Family Code.
38. (38) Premises--A building(s) together with its grounds or other appurtenances.
39. (39) Primary Control Room--A restricted or secure area from which entrance into and exit from a secure facility is controlled. The primary control room also contains the emergency, monitoring, and communications systems and is staffed 24 hours each day that residents are in the facility.

40. (40) Professionals--The following persons are considered professionals for limited purposes:

    1. (A) teachers certified as educators by the State Board for Educator Certification including teachers certified by the State Board for Educator Certification with provisional or emergency certifications;
    2. (B) educational aides or paraprofessionals certified by the State Board for Educator Certification;

    3. (C) health care professionals licensed or certified by:

       1. (i) the Texas Board of Nursing;
       2. (ii) the Texas Medical Board;
       3. (iii) the Texas Physician Assistant Board;
       4. (iv) the Texas Department of State Health Services; or
       5. (v) the Texas State Board of Dental Examiners;
    4. (D) mental health providers as defined in paragraph (29) of this section;
    5. (E) qualified mental health professional as defined in paragraph (44) of this section;
    6. (F) social workers licensed by the Texas Board of Social Worker Examiners;
    7. (G) juvenile probation officers certified by the Texas Juvenile Justice Department; and
    8. (H) commissioned law enforcement personnel.
41. (41) Protective Isolation--The exclusion of a threatened resident from the group by placing the resident in an individual room that minimizes contact with the residents from a specific group.
42. (42) Program Hours--The time period of no less than ten hours when the resident population has scheduled activities and any shift changes that occur during the time period when the resident population has scheduled activities.

43. (43) Psychological Evaluation--A mental health assessment completed or supervised by a doctoral-level psychologist who is licensed by the Texas State Board of Examiners of Psychologists. At a minimum, a psychological evaluation must include the following elements:

    1. (A) Clinical interview;

    2. (B) Psycho-social evaluation, to include:

       1. (i) family history;
       2. (ii) community/living environment;
       3. (iii) peer relationships; and
       4. (iv) academic/vocational history;

    3. (C) Review of the following files and associated records in the possession of the juvenile probation department:

       1. (i) juvenile probation records;
       2. (ii) mental health records;
       3. (iii) medical records;
       4. (iv) previous mental health testing records; and
       5. (v) educational records;
    4. (D) Parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the psychologist deems appropriate, such as a teacher or the child's juvenile probation officer;

    5. (E) Psychometric testing, only if there is no record of psychometric testing within the past three years. Psychometric testing must include:

       1. (i) Achievement assessment;
       2. (ii) Personality assessment; and
       3. (iii) Intellectual assessment; and
    6. (F) Review of risks, strengths, and recommendations for intervention.
44. (44) Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the guidelines of the Texas Department of State Health Services.
45. (45) Rated Capacity--The maximum number of beds available in a facility that were architecturally designed as a housing unit.
46. (46) Resident--A juvenile or other individual that has been lawfully admitted into a juvenile pre-adjudication secure detention facility or a post-adjudication secure correctional facility.
47. (47) Room Restriction--The separation of a resident from other residents for behavior modification, and the placement of the resident alone in an area from which egress is prevented for 90 minutes or less.
48. (48) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed.
49. (49) Serious Mental Illness--A professional diagnosis of the following disorders: psychoses, schizophrenia, bipolar with psychotic features, depression with psychotic features, severe post-traumatic stress disorder, and schizoaffective disorders.
50. (50) Single Occupancy Housing Unit (SOHU)--A housing unit designed and constructed with separate and secure individual resident sleeping quarters and includes appropriate sleeping, sanitation, and hygiene equipment or fixtures.
51. (51) Standard Screening Instrument--An instrument approved by the TJJD that screens the juvenile's needs in the area of mental health.
52. (52) TJJD--The Texas Juvenile Justice Department.
53. (53) Volunteer--Individuals agreeing to perform services without compensation who have regular or periodic supervised contact or unsupervised contact with juveniles under the direction of the pre-adjudication and post-adjudication secure juvenile facility.

54. (54) Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph:

    1. (A) "Deviate sexual intercourse" means:

       1. (i) any contact between any part of the genitals of one person and the mouth or anus of another person; or
       2. (ii) the penetration of the genitals or the anus of another person with an object.

    2. (B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

       1. (i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or
       2. (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.
    3. (C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
    4. (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, sexual 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.
    5. (E) A juvenile may not consent to the acts as defined in this paragraph under any circumstances. Consent may not be implied regardless of the age of the juvenile.

Source Note:The provisions of this §343.100 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387.