Texas Administrative Code

Texas Administrative Code

TITLE 37	PUBLIC SAFETY AND CORRECTIONS
PART 11	TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 380	RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
SUBCHAPTER E	BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE
DIVISION 2	DUE PROCESS HEARINGS
RULE §380.9561	Detention for Youth Pending Level I or II Hearing

(A) The youth must be notified in writing of his/her right to appeal.

(i) For youth in institution detention:

(I) appeal of the first Level IV hearing is to the facility administrator;

(II) appeal of the second Level IV hearing is to the executive director under §380.9353 of this title; and

(III) an automatic appeal to the executive director must be filed by the referring staff on the third and any subsequent Level IV hearings, even if the youth waives the hearing(s).

(ii) For youth in community detention, all Level IV hearing appeals are to the executive director under §380.9353 of this title.

(B) The pendency of an appeal does not preclude implementation of the decision to detain the youth.

(h) Detention Following Level I or II Hearing. A youth may be held in institution detention without a Level IV hearing when the youth is waiting for transportation to a different placement following a Level I or Level II hearing. Transportation should be arranged immediately to take place within 72 hours. Any delay in transportation beyond 72 hours must be approved by the facility administrator.

Source Note: The provisions of this §380.9561 adopted to be effective September 1, 2009, 34 TexReg 5554; amended to be effective November 1, 2011, 36 TexReg 7353; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2013, 38 TexReg 4389