(a) Policy. The Texas Juvenile Justice Department (TJJD)
reviews criminal histories and employment references for certain persons
as required under Section 242.010, Human Resources Code.
(b) Applicability. This rule does not apply to:
(1) youth access to a personal attorney under §380.9311
of this title;
(2) youth access to a personal clergy member under §380.9317
of this title; or
(3) youth access to visitors under §380.9312 of
this title.
(c) Definitions. The following terms have the following
meanings when used in this rule:
(1) Advocate--a person employed by or otherwise officially
associated with an organization registered with TJJD as an advocacy
or support group under §385.8183 of this title.
(2) Background Check--obtaining certain information,
including, at a minimum:
(A) Criminal History Check--a compilation of the national
and state criminal history information maintained by the Federal Bureau
of Investigation and the Texas Department of Public Safety; and
(B) Employment Reference Check--references from previous
and current employers.
(3) Contractor--a person under contract with TJJD individually
or an employee or subcontractor of an organization under contract
with TJJD.
(4) Covered Person--
(A) an employee, volunteer, ombudsman, special event
visitor, or advocate working for TJJD, in a TJJD facility, or in a
facility under contract with TJJD;
(B) a contractor who has direct access to youth in
TJJD facilities;
(C) any person not described in paragraphs (4)(A) or
(4)(B) of this subsection who provides direct delivery of services
to youth in TJJD custody;
(D) any person not described in paragraphs (4)(A) or
(4)(B) of this subsection who is authorized to have unsupervised access
within TJJD facilities or offices to records of identifiable TJJD
youth; or
(E) any person who is an applicant for a position as
an employee, volunteer, or ombudsman.
(5) Employee--a person employed by TJJD.
(6) Ombudsman--a person employed by the Office of Independent
Ombudsman.
(7) Special Event Visitor--a person who:
(A) is invited by TJJD to participate in a special
event for the benefit of youth;
(B) does not participate in more than four special
events in any 12-month period;
(C) does not provide direct delivery of services to
youth;
(D) does not have access to youth records; and
(E) does not meet the definition of advocate, contractor,
employee, or ombudsman.
(8) Volunteer--a person who is registered with TJJD
and is in a position that renders services for or on behalf of TJJD
who does not receive compensation in excess of reimbursement for expenses
incurred in that position, or a person who participates in more than
four special events in a 12-month period. For purposes of this rule,
the term volunteer does not include special event visitors.
(d) General Provisions.
(1) Except as described in paragraphs (2) and (3) of
this subsection, TJJD:
(A) conducts a background check on each covered person
prior to granting the person access to youth, youth records, or any
residential facility operated by or under contract with TJJD; and
(B) conducts a criminal history check on each covered
person at least once per year thereafter.
(2) A criminal history check is completed before each
visit by a special event visitor.
(3) The TJJD executive director or designee may waive
the background check:
(A) for a contractor when physical or procedural barriers
are in place to prevent the contractor from having contact with or
access to TJJD youth, and the scope of services to be performed does
not involve access to youth records;
(B) for a contractor who has an independent legal obligation
to protect the confidentiality of youth records, and the scope of
services to be performed does not involve access to youth;
(C) for a covered person who provides direct delivery
of off-site services to youth assigned to residential facilities when
the person is required to submit to a background check as a condition
of professional licensure or employment (e.g., referrals to a health-care
specialist);
(D) for a covered person providing necessary services
in an emergency situation when no appropriately screened service providers
offering the same or similar service are immediately available and
a delay in providing the service would risk significant harm to a
youth (e.g., emergency room visits or rape crisis counseling); or
(E) for a covered person, other than a TJJD employee,
providing services in his/her official capacity as an employee of
a federal, state, or local governmental entity.
(4) TJJD does not assess a fee in connection with the
administrative costs incurred in conducting a background check as
described in this rule.
(5) As part of the initial criminal history background
check, a covered person other than a special event visitor must electronically
provide a complete set of fingerprints to TJJD in the manner determined
by TJJD. A special event visitor who wishes to participate in a fifth
event within a 12-month period must provide a complete set of fingerprints
to TJJD and enroll in the volunteer program.
(6) A covered person other than a special event visitor
must provide employment history information in a form and manner determined
by TJJD.
(7) All criminal history information obtained from
the National Crime Information Center or any state crime information
database is confidential and may be released only in accordance with
applicable law.
(e) Standards for Evaluating Background Information.
(1) Background check results for covered persons are
evaluated according to standards established in TJJD's policies addressing
eligibility for employment or assignment in effect at the time the
background check is conducted.
(2) When a background check reveals a criminal or employment
history that is unacceptable for the position or service to be performed
by an employee or volunteer, TJJD terminates or denies that person's
employment or enrollment. TJJD provides written notice to the person
whose employment or enrollment is terminated or denied.
(3) When a background check reveals a criminal or employment
history that is unacceptable for the position or service to be performed
by a contractor, advocate, special event visitor, or ombudsman, TJJD
denies the person access to youth, youth information, and/or TJJD
facilities. TJJD provides written notice to the person whose access
is denied.
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Source Note: The provisions of this §385.8181 adopted to be effective February 15, 2009, 34 TexReg 854; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123; amended to be effective May 1, 2019, 44 TexReg 2160 |