1. (a) Purpose. The purpose of this rule is to establish a testing program designed to detect and deter the unauthorized or illegal use of alcohol or other drugs by youth committed to the Texas Juvenile Justice Department.

2. (b) Applicability. This rule applies to all youth:

   1. (1) assigned to residential facilities operated by or under contract with the Texas Juvenile Justice Department (TJJD); and
   2. (2) assigned to parole supervision under the jurisdiction of TJJD.

3. (c) Definitions.

   1. (1) For-Cause Testing--testing that is conducted due to evidence that reasonably suggests a youth or group of youth is using alcohol or drugs.
   2. (2) Random Testing--testing of youth identified through a random selection process without regard to any indicators of past or current use of drugs or alcohol.

   3. (3) Routine Testing--testing that is conducted:

      1. (A) at regular intervals for youth who have a documented history of drug or alcohol use; or
      2. (B) after a youth's participation in events or situations which include access to or contact with the public or otherwise present an increased risk for drug/alcohol use.

4. (d) General Provisions.

   1. (1) Any youth may be tested for drug and/or alcohol use at any time.
   2. (2) Testing may be conducted for cause or on a random or routine basis.
   3. (3) Testing may be conducted as part of a substance abuse treatment program, as part of an investigation regarding the presence of illegal drugs in a facility, and to assist in the daily management of youth in the rehabilitative process.

   4. (4) During orientation to TJJD, each youth shall be given notice that:

      1. (A) he/she is subject to random, routine, and for-cause alcohol and drug testing; and
      2. (B) a positive result on an alcohol or drug test, refusal to submit to an alcohol or drug test, failure to provide a urine specimen, and tampering with a urine sample are serious rule violations that will result in appropriate consequences as specified in §380.9503 and §380.9504 of this title.
   5. (5) All tests for alcohol or other drugs will be conducted, scored, and interpreted according to the instrument manufacturer's instructions.

Source Note:The provisions of this §380.9715 adopted to be effective January 1, 1999, 23 TexReg 12933; amended to be effective April 16, 2003, 28 TexReg 3065; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7205.