1. (a) Personnel Policies.

   1. (1) Written policies and procedures shall be readily accessible to all JJAEP staff.
   2. (2) Documentation of acknowledgement of receipt of the policies and procedures by all staff shall be maintained in the staff personnel or training file.

2. (b) Personnel Records. The JJAEP Administrator shall ensure that a personnel file is maintained for each employee or person working at the JJAEP who is included in any program ratio. The file shall, at a minimum, include:

   1. (1) criminal history searches;
   2. (2) training records;
   3. (3) applicable personnel actions;
   4. (4) documentation of the employee's education transcripts; and
   5. (5) applicable certification verification.

3. (c) New Employee Orientation. All staff, including temporary, seasonal or substitute employees shall have orientation training prior to having sole contact with students.

   1. (1) Orientation training shall occur within the first two weeks of employment.
   2. (2) Documentation of new employee orientation training and agendas shall be maintained in the employee's personnel file or training file.

   3. (3) Orientation training, at a minimum, shall include:

      1. (A) safety and security procedures including, but not limited to, emergency exit drills and the JJAEP's safety disaster plan;
      2. (B) child abuse, neglect and exploitation identification and reporting as required by Chapter 358 of this title;
      3. (C) incident reports;
      4. (D) student code of conduct;
      5. (E) behavior management program;
      6. (F) transporting students;
      7. (G) crisis intervention;
      8. (H) distribution of medication;
      9. (I) sexual harassment;
      10. (J) Personal Restraint policy;
      11. (K) student grievance procedures; and
      12. (L) job descriptions including duties and responsibilities of the assigned position.

4. (d) Criminal History Searches. The criminal history searches described in this subsection shall apply to individuals who begin employment or service provision on or after August 19, 2011. Current JJAEP employees shall complete the criminal history searches as described in this subsection by January 5, 2012.

   1. (1) Fingerprint Search.

      1. (A) Fingerprints shall be submitted through the Texas Department of Public Safety (DPS) Fingerprint Application Services of Texas (FAST) system.
      2. (B) The juvenile board, chief administrative officer, JJAEP administrator or designee shall initiate a criminal history search prior to the first day of employment on all JJAEP staff.
      3. (C) Continued employment shall be contingent upon the completion and review of the criminal history report as well as confirmation that the applicant has no disqualifying criminal history.
   2. (2) Criminal History Clearinghouse. The Commission and the juvenile board or designee shall participate in the electronic clearinghouse and subscription service operated by the DPS. This service is known as the Fingerprint-Based Applicant Clearinghouse of Texas (FACT).

   3. (3) Military History.

      1. (A) When an applicant has prior military experience, the program or facility shall request from the applicant the long copy DD-214 to determine if the applicant has a disqualifying criminal history that martial law is not required to report to any state or federal criminal database.
      2. (B) If the applicant does not have a long copy DD-214, the program or facility shall request the authorization of the applicant to obtain the document by completing the for SF-180 and submit said form to the corresponding address for the military branch found on the form.
      3. (C) A copy of the long copy DD-214 shall be maintained in the applicant's confidential personnel file.

   4. (4) Disqualifying Criminal History.

      1. (A) An individual with the following criminal history shall not be eligible for continued employment or certification:

         1. (i) a felony conviction against the laws of this state, another state, or the United States within the past ten (10) years;
         2. (ii) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years;
         3. (iii) a current felony deferred adjudication, probation or parole;
         4. (iv) a jailable misdemeanor conviction against the laws of this state, another state or the United States within the past five (5) years;
         5. (v) a deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years;
         6. (vi) a current jailable misdemeanor deferred adjudication, probation or parole; or
         7. (vii) the requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
      2. (B) The offense disposition date shall be used to determine applicable time frames.
      3. (C) Variance of Disqualifying Criminal History. A variance under §349.200 of this title may not be requested for any class A misdemeanor or felony unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by a trial or appellate court.

   5. (5) Non-Certified Employees and Service Providers.

      1. (A) Non-Licensed Service Providers. Departments who contract with a service provider that provides a significant portion of the JJAEP operations shall complete criminal history searches as defined above for a service provider and adhere to §411.083(b)(5)(A) - (D) of the Texas Government Code.
      2. (B) State-Licensed Service Providers. The chief administrative officer or designee shall obtain documentation confirming that the provider's license is in good standing with the licensing entity. The JJAEP shall not contract for services with a provider whose license is not in good standing.
      3. (C) Independent School District Employees. The chief administrative officer or designee shall obtain documentation from the school district confirming that fingerprint-based criminal history searches of criminal information databases maintained by the Federal Bureau of Investigation and by the State of Texas have been completed prior to the date of hire.
      4. (D) Employees of Contracted JJAEP Providers. The chief administrative officer or designee shall conduct the required criminal history searches and confirm that the applicant has no disqualifying criminal history prior to the date of hire.
   6. (6) Criminal History Records Retention. A copy of the initial criminal history report or documentation confirming it was completed is required in this section and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for the duration of an individual's employment. These records shall be maintained in accordance with the county's established records retention schedule after the monitoring purpose has been fulfilled.

5. (e) Research Programs.

   1. (1) The juvenile board shall review proposals for research to ensure conformity with departmental policy.
   2. (2) Departmental policy shall forbid student participation in medical, pharmacological, and cosmetic research programs.
   3. (3) Students may voluntarily participate in approved research programs with the written consent of the student's parent, guardian or custodian. A student's non-participation shall not have adverse consequences on the student.

Source Note:The provisions of this §348.106 adopted to be effective August 1, 2011, 36 TexReg 846.