1. (a) This section applies to individuals employed by, under contract with, or otherwise providing services at a department or facility who are certified or for whom the department or facility is seeking certification, whether they are serving in a position requiring certification or in a position for which certification is optional under §344.802 of this chapter.
2. (b) If a department or facility receives notification that an individual to whom this section applies has been arrested for criminal conduct described in §344.400(a) or §344.410(a) of this chapter, the department or facility must notify TJJD's certification office in writing no later than 10 calendar days after receiving notice of the arrest. The department or facility must, as soon as practicable, provide copies of related reports, completed by any participating law enforcement agency and any available information regarding the circumstances of the arrest and must respond to any questions from TJJD regarding the arrest.

3. (c) If a department or facility receives notification that an individual to whom this section applies has been convicted of or placed on deferred adjudication for criminal conduct described in §344.400(a) or §344.410(a) of this chapter, the department or facility must:

   1. (1) remove the person from the position requiring certification and from any position allowing the person direct, unsupervised access to juveniles;
   2. (2) if the person and the conduct are covered under §344.400(c), remove the person from any position allowing direct contact with juveniles in a facility; and
   3. (3) notify TJJD's certification office in writing no later than 10 calendar days after receiving such notice. The department or facility must provide information regarding the conviction or deferred adjudication and respond to any questions from TJJD regarding the disposition.

4. (d) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in §344.400(a) of this chapter, TJJD will:

   1. (1) deny certification if the person is not yet certified; or
   2. (2) revoke certification if the person is certified.
5. (e) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in §344.410(a) of this chapter, TJJD will conduct the review described in §344.420 to determine if certification should be denied if the person is not yet certified or if certification should be revoked or suspended if the person is certified.
6. (f) Notwithstanding subsection (d) of this section, TJJD will revoke or deny certification if the individual is imprisoned following a felony conviction, revocation of community supervision, revocation of probation, or revocation of mandatory supervision.

Source Note:The provisions of this §344.430 adopted to be effective December 30, 2022, 47 TexReg 8045; amended to be effective April 1, 2026, 51 TexReg 1422.