| (a) This section applies to individuals employed by,
under contract with, or otherwise providing services at a department
or facility who are certified or for whom the department or facility
is seeking certification, whether they are serving in a position requiring
certification or in a position for which certification is optional
under §344.802 of this chapter.
(b) If a department or facility receives notification
that an individual to whom this section applies has been arrested
for criminal conduct described in §344.400(a) or §344.410(a)
of this chapter, the department or facility must notify TJJD's certification
office in writing no later than 10 calendar days after receiving notice
of the arrest. The department or facility must provide information
regarding the circumstances of the arrest and respond to any questions
from TJJD regarding the arrest.
(c) If a department or facility receives notification
that an individual to whom this section applies has been convicted
of or placed on deferred adjudication for criminal conduct described
in §344.400(a) or §344.410(a) of this chapter, the department
or facility must:
(1) remove the person from the position requiring certification
and from any position allowing the person unsupervised access to juveniles;
and
(2) notify TJJD's certification office in writing no
later than 10 calendar days after receiving such notice. The department
or facility must provide information regarding the conviction or deferred
adjudication and respond to any questions from TJJD regarding the
disposition.
(d) Upon receipt of a notification under subsection
(c) of this section for criminal conduct described in §344.400(a)
of this chapter, TJJD will:
(1) deny certification if the person is not yet certified;
or
(2) revoke certification if the person is certified.
(e) Upon receipt of a notification under subsection
(c) of this section for criminal conduct described in §344.410(a)
of this chapter, TJJD will conduct the review described in §344.420
to determine if certification should be denied if the person is not
yet certified or if certification should be revoked or suspended if
the person is certified.
(f) Notwithstanding subsection (d) of this section,
TJJD will revoke or deny certification if the individual is imprisoned
following a felony conviction, revocation of community supervision,
revocation of probation, or revocation of mandatory supervision.
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