| (a) An intake officer or other person authorized by
the juvenile board shall be on duty at the facility or on call 24
hours per day and shall perform the duties and responsibilities associated
with determining whether the juvenile should be detained or released
as required by Texas Family Code §53.01.
(b) Each facility shall have written policies and procedures
addressing the admission of juveniles who are in need of emergency
medical care due to injury, illness, or intoxication or who are in
need of emergency mental health intervention.
(1) Anyone presented for admission into detention who
is in need of emergency medical care due to injury, illness, or intoxication,
or who is in need of emergency mental health intervention shall not
be admitted into detention.
(2) The referring person shall be directed to a health
care facility to have the individual evaluated and treated.
(3) Subsequent admission into detention is contingent
upon written medical clearance from a health care provider or mental
health provider.
(c) Each facility shall have written policies and procedures
addressing intoxicated or chemically impaired juveniles being admitted
into detention and their need for specialized supervision.
(d) A juvenile who has been taken into custody by law
enforcement and presented for detention at a secure pre-adjudication
detention facility shall:
(1) be supervised at all times by the law enforcement
officer who presented the juvenile for detention or by appropriate
facility staff (e.g., intake officer, juvenile supervision officer,
etc.) until an admission decision is made; and
(2) be:
(A) admitted into detention as soon as possible but
no later than six hours from the time of entry; or
(B) released to a responsible party no later than six
hours from the time of entry.
(e) The supervision requirement in subsection (d)(1)
of this section may take place from behind an architectural barrier
(e.g., glass observation window, screened window, partial wall, etc.)
as long as the barrier allows for a complete and unobstructed view
of the area where the resident is being held. Restroom areas within
the facility are exempt from this requirement.
|
| Source Note: The provisions of this §343.400 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243 |
