1. (a) Request for Review.

   1. (1) A request for review under §344.350 of this chapter regarding a person being considered for a position requiring certification or for which the department or facility is seeking optional certification must be submitted to TJJD's certification office via email using a form promulgated by TJJD, the completion of which may require the department or facility to obtain additional information from the person, the entity with which the person held a position, and/or the agency that licensed the person or the entity with which the person held a position.
   2. (2) Except as provided by paragraph (3) of this subsection, a request for review under §344.350 of this chapter regarding a person being considered for a position not requiring certification or for which optional certification will not be sought must be submitted to the juvenile board or designee using a form promulgated by TJJD, the completion of which may require the department or facility to obtain additional information from the person, the entity with which the person held a position, and/or the agency that licensed the person or the entity with which the person held a position. The juvenile board shall maintain designations under this paragraph in writing.
   3. (3) All reviews requested based on the results of a SEMARC search, regardless of the position the person is being considered for, must be submitted to TJJD's certification office via email using a form promulgated by TJJD, the completion of which may require the department or facility to obtain additional information from the person, the entity with which the person held a position, and/or the agency that licensed the person or the entity with which the person held a position.
   4. (4) The request for review described in this subsection is required only if the department or facility wants to employ, contract with, accept the individual as a volunteer, or otherwise select the person for a position.

2. (b) Review by Juvenile Board.

   1. (1) A review by the juvenile board or designee under this section must take into account the facts of the conduct engaged in by the person, the length of time since the conduct occurred, and the nature and experience of the person before and after the conduct occurred to determine if the person having direct contact with or direct, unsupervised access to juveniles poses a threat of harm. The juvenile board may seek additional information if warranted.
   2. (2) The review must be conducted using a form promulgated by TJJD. The form must be fully completed and maintained and must including the name of the person(s) conducting the review, the date of the review, and the final decision and justification therefore.
   3. (3) The juvenile board or designee's decision is final and not subject to appeal.

3. (c) Review by TJJD.

   1. (1) A review by TJJD under this section must take into account the facts of the conduct engaged in by the person, the length of time since the conduct occurred, and the nature and experience of the person before and after the conduct occurred to determine if the person having direct contact with or direct, unsupervised access to juveniles poses a threat of harm. TJJD may seek additional information if warranted.
   2. (2) TJJD shall notify the person and the requesting department or facility of its decision and of the opportunity to appeal that decision to the executive director. The notification shall be in writing. The person shall have 10 calendar days to appeal the decision. The appeal must be in writing and timely received. TJJD may grant an extension at its discretion.
   3. (3) Upon receipt of an appeal, the executive director shall review the matter and determine if the person should be denied a certification or denied from serving in the requested position, as applicable. The executive director's response shall be in writing. The executive director's decision is final and not subject to appeal.

Source Note:The provisions of this §344.360 adopted to be effective April 1, 2026, 51 TexReg 1422.