| (a) Purpose. This rule addresses:
(1) research related to juvenile delinquency;
(2) the assurance of confidentiality by establishing
procedures that comply with state and federal guidelines and laws
and accepted professional and scientific ethics; and
(3) the ability of the Texas Juvenile Justice Department
(TJJD) to provide sufficient technical assistance for research projects.
(b) General Provisions.
(1) TJJD encourages research beneficial to TJJD or
the juvenile justice system.
(2) TJJD uses research results to aid decision making
regarding agency operations and youth treatment programs.
(3) TJJD collaborates with other agencies whenever
possible and shares research information as appropriate and as allowed
by law.
(4) Any patentable product, process, or idea that might
result from a research project funded by TJJD is the property of TJJD.
(c) Youth Participation. Participation by TJJD youth
as research subjects is restricted as follows:
(1) TJJD youth may not be used in experimental projects
involving medical, pharmaceutical, or cosmetic research.
(2) TJJD youth may participate in nonmedical, nonpharmaceutical,
or noncosmetic research on a voluntary, noncoercive basis.
(3) TJJD youth who choose to participate in research
projects are not:
(A) denied basic services available to other youth;
or
(B) permitted to participate in research activities
that are likely to accrue negative personal results (e.g., negative
impact to treatment progress, causing emotional distress or physical
harm, etc.).
(d) Researchers. TJJD staff, university faculty or
students, or contracted firms or individuals may conduct research
if they:
(1) show that the proposed project will provide benefits
to TJJD or the juvenile justice profession;
(2) ensure confidentiality of TJJD youth;
(3) do not place an undue burden on TJJD staff, youth,
or agency resources;
(4) agree to comply with other agency rules; and
(5) are approved under subsection (h) of this section.
(e) Oversight of Research Projects. The TJJD Research
Department is responsible for ensuring research projects are proposed,
reviewed, approved, and conducted in accordance with TJJD requirements.
(f) Research Proposals. Project directors other than
those employed by the TJJD Research Department must submit a research
proposal to the Research Department, not to exceed five pages, excluding
attachments. The proposal must include the following information unless
otherwise approved by the director of research:
(1) project title;
(2) names and qualifications of all project researchers;
(3) purpose (e.g., thesis, professional paper, dissertation);
(4) executive summary;
(5) research questions and research design;
(6) research methodology, including statistical methods/models
if applicable;
(7) comprehensive list of data elements/fields requested
and how these relate to the research questions;
(8) statement of why juvenile justice data are needed;
(9) statement of how research will benefit TJJD or
the juvenile justice system;
(10) amount of TJJD staff time needed to complete the
research project, provide technical assistance, or compile data;
(11) number of research subjects and time required
by each study subject, if applicable;
(12) time frame of research;
(13) Institutional Review Board (IRB) approval;
(14) copy of study instruments, surveys, etc.;
(15) copy of consent forms;
(16) completed Research and Analytical Testing System
(RATS) questionnaire;
(17) provisions for confidentiality of research subjects;
(18) research supervisor, if any (e.g., chairperson
of thesis committee);
(19) amount and source of funding, if any; and
(20) any other information requested by the director
of research.
(g) Research Agreement. TJJD and the researcher(s)
must enter into a research agreement prior to the commencement of
an outside research project. The agreement must contain the following:
(1) a copy of the approved research proposal;
(2) an agreement to maintain the confidentiality of
TJJD youth;
(3) a clause providing that any patentable product,
process, or idea that results from the performance of the research
agreement and for which TJJD has expended appropriated funds becomes
the property of TJJD; and
(4) an agreement to furnish TJJD with a copy of the
final report prior to its release except as approved by the executive
director.
(h) Approval of Proposals.
(1) TJJD approves up to eight research proposals each
fiscal year. Additional proposals may be approved only if the director
of research determines the additional project(s) would require minimal
or no TJJD staff time.
(2) The TJJD research review committee reviews all
research proposals. The committee includes representation from the
TJJD Research Department, the affected program and operational areas,
management, and other administrators.
(3) Proposals are reviewed four times per fiscal year
as determined by the director of research. Formal notice of the research
review committee's decision is provided to the researcher upon completion
of the review process.
(4) Proposals involving on-site research are circulated
to affected field administrators for their review, comment, and indication
of level of support.
(5) Proposals requiring participation of TJJD youth
are presented to the appropriate program directors, senior director(s),
and other executive management as appropriate prior to a final decision
by the research review committee.
(6) Approved non-TJJD-staff proposals involving research
projects using TJJD youth as participants in the study, with the exception
of surveys, are presented to the TJJD Board for approval. The TJJD
Board may delegate to the executive director or designee authority
to approve research projects.
(i) Monitoring Projects. The TJJD Research Department
staff monitors projects and proposes adjustments when necessary.
(j) Research Results. The Research Department:
(1) reviews research results and evaluates the conclusions;
(2) distributes the final research report to appropriate
staff and to other interested parties; and
(3) recommends to the appropriate program directors,
senior director(s), and other executive management as appropriate
any changes in programs or operations that the research results indicate.
(k) Demonstration Programs.
(1) Demonstration (pilot) programs may be implemented
as a result of research conducted by TJJD or by an outside researcher.
(2) The executive director or designee must approve
all demonstration programs prior to implementation.
|
| Source Note: The provisions of this §385.8153 adopted to be effective December 31, 1996, 21 TexReg 11819; amended to be effective August 28, 1998, 23 TexReg 7591; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective January 1, 2017, 41 TexReg 9940 |
