<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 380RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
SUBCHAPTER DYOUTH RIGHTS AND REMEDIES
RULE §380.9337Zero-Tolerance for Sexual Abuse, Sexual Activity, and Sexual Harassment

    (E) TJJD attempts to conduct a mental health evaluation of all known youth-on-youth abusers within 60 days after learning of such abuse history and offers treatment when deemed appropriate by mental health practitioners.

(n) Sexual Abuse Incident Reviews.

  (1) TJJD conducts an incident review at the conclusion of every sexual abuse investigation unless the allegation is determined to be unfounded.

  (2) Managers, supervisors, investigators, and medical or mental health practitioners participate in the review.

  (3) The review team:

    (A) considers whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse;

    (B) considers whether the incident or allegation was motivated by race; ethnicity; gender identity; status or perceived status as lesbian, gay, bisexual, transgender, or intersex; gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility;

    (C) examines the area where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse;

    (D) assesses the adequacy of staffing levels in that area during different shifts;

    (E) assesses whether monitoring technology should be used or enhanced to supplement supervision by staff; and

    (F) submits a report of its findings and recommendations to the facility administrator, the local PREA compliance manager, and other appropriate staff members.

  (4) The facility where the incident allegedly occurred must implement the review team's recommendations or document its reasons for not doing so.

(o) Data Collection and Storage.

  (1) TJJD collects data for every allegation of sexual abuse at TJJD-operated facilities using a standardized instrument and set of definitions and aggregates the data at least once each year. TJJD also maintains, reviews, and collects data as needed from all available incident-based documents, such as reports, investigation files, and sexual abuse incident reviews.

  (2) TJJD develops its data collection instrument to include the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the U.S. Department of Justice.

  (3) TJJD obtains incident-based and aggregate data from each residential facility operating under a contract with TJJD.

  (4) TJJD securely retains all sexual abuse data it collects.

(p) Publication of Sexual Abuse Data.

  (1) TJJD reviews aggregate sexual abuse data to assess and improve the effectiveness of its policies, practices, and training. Following this review, TJJD prepares an annual report of its findings and corrective actions for each facility and the agency as a whole. The report will be posted on the agency's website.

  (2) Annually, TJJD posts on its website all aggregated sexual abuse data from TJJD-operated and contracted facilities.

(q) Audits of PREA Standards. TJJD conducts audits pursuant to 28 CFR §§115.401 - 115.405.


Source Note: The provisions of this §380.9337 adopted to be effective April 21, 2014, 39 TexReg 3259

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page