The words and terms used in this chapter shall have the following definitions unless the context clearly indicates otherwise.
- (1) Abuse, Neglect, and Exploitation--These terms have the definitions provided in Chapter 358 of this title.
- (2) Administrator--Regardless of title, the chief administrative officer of a juvenile probation department, juvenile justice program, juvenile justice facility, or non-juvenile justice contract facility.
- (3) Administrative Designee--The role assigned to the administrator when a preponderance of evidence determines that the proximate cause of the abuse, neglect, or exploitation was based on policies and procedures under the direct control of the administrator.
- (4) Attorney of Record--A person licensed to practice law in Texas who has provided TJJD with written notice of representation.
- (5) Authorized Representative--An attorney authorized to practice law in the State of Texas or, if authorized by applicable law, a person designated by a party to represent the party.
- (6) Board--The Texas Juvenile Justice Board, the governing board of TJJD.
- (7) Certification Action--An action taken by TJJD with regard to a certification as a juvenile probation, supervision, or community activities officer, to include disciplinary action, designation of ineligibility, and temporary suspension.
- (8) Certified Officer--An individual who holds a certification as a juvenile probation, supervision, or community activities officer from TJJD, including a provisional certification.
- (9) 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, including a juvenile probation department with multi-county jurisdiction.
- (10) Code of Ethics--The Certified Officer Code of Ethics contained in Chapter 345 of this title.
- (11) De Novo Review--A review that decides an issue without deference to a conclusion or assumption made by a prior review, finding, or holding; a review that decides the issue as though the decision is being made for the first time.
- (12) Department--A juvenile probation department.
- (13) Executive Director--The executive director of TJJD.
- (14) Facility Administrator--An individual designated by the chief administrative officer or governing board of a juvenile justice facility as the on-site program director or superintendent of a secure facility.
- (15) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, housed in a non-juvenile justice contract facility pursuant to an order of the juvenile court, or participating in a juvenile justice program, including a prevention and intervention program, regardless of age.
- (16) Juvenile Justice Facility ("facility")--A facility that is registered by TJJD pursuant to Sections 51.12, 51.125, or 51.126, Family Code.
(17) Juvenile Justice Program ("program")--A program or department that:
- (A) serves juveniles under juvenile court or juvenile board jurisdiction; or
(B) is operated wholly or partly by the juvenile board or by a private vendor under a contract with the juvenile board. The term includes:
- (i) a juvenile justice alternative education program;
- (ii) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board; and
- (iii) a juvenile probation department.
- (18) Non-Juvenile Justice Contract Facility--A facility in which a juvenile is placed pursuant to a contract with a department, program, facility, or juvenile board, other than a facility registered with TJJD.
- (19) Respondent--A person who is the subject of a certification action under this chapter.
- (20) SOAH--State Office of Administrative Hearings.
- (21) Subject--A person alleged or found to be responsible for the abuse, neglect, or exploitation of a juvenile through the person's actions or failure to act.
- (22) TJJD--The Texas Juvenile Justice Department.
- (23) Victim--A juvenile who is alleged or found to be a victim of abuse, neglect, or exploitation.
Source Note:The provisions of this §349.100 adopted to be effective September 1, 2025, 50 TexReg 2616.