The following words and terms have the following meanings when
used in this chapter unless the context clearly indicates otherwise.
(1) Behavioral Health Assessment--A mental health assessment
conducted by a masters-level mental health provider who is licensed
or otherwise authorized to provide mental health services under the
statutes listed in paragraph (21) of this section and who is qualified
by training to conduct all required elements of a behavioral health
assessment. At a minimum, a behavioral health assessment must include
the following elements:
(A) clinical interview;
(B) psycho-social evaluation, including a history of
traumatic events, to include:
(i) family history;
(ii) community/living environment;
(iii) peer relationships; and
(iv) academic/vocational history;
(C) review of the following files and associated records
in the possession of the juvenile probation department:
(i) juvenile probation records;
(ii) mental health records;
(iii) medical records;
(iv) previous mental health testing records; and
(v) educational records;
(D) parent/guardian interview, unless the parent/guardian
is unwilling to participate, and any other collateral interviews the
mental health provider deems appropriate, such as a teacher or the
child's juvenile probation officer;
(E) psychometric testing, to include:
(i) achievement assessment, only if there is no record
of an achievement assessment within the last three years;
(ii) personality assessment, only if there is no record
of a personality assessment within the last three years;
(iii) intellectual assessment, only if:
(I) there is no record of an intellectual assessment
within the last three years; or
(II) a new intellectual assessment is indicated by:
(-a-) pervasive use of drugs known to impair thought
processes;
(-b-) traumatic brain injury;
(-c-) the child was age 12 or younger on the date of
the most recent psychometric testing; or
(-d-) obvious impairment in cognitive or interpersonal
functioning; and
(F) review of risks, strengths, and recommendations
for intervention.
(2) Chief Administrative Officer--Regardless of title,
the person hired by a juvenile board who is responsible for oversight
of the day-to-day operations of a juvenile probation department for
a single county or a multi-county judicial district.
(3) Contraband--Any item not issued to employees for
the performance of their duties and that employees have not obtained
supervisory approval to possess. Contraband also includes any item
given to a resident by an employee or other individual that a resident
is not authorized to possess or use. Specific items of contraband
include, but are not limited to:
(A) firearms;
(B) knives;
(C) ammunition;
(D) drugs;
(E) intoxicants;
(F) pornography; and
(G) any unauthorized written or verbal communication
brought into or taken from an institution for a resident, former resident,
associate of a resident, or family members of a resident.
(4) Date and Time of Admission--The date and time a
juvenile was admitted into a non-secure correctional facility.
(5) Disciplinary Restriction--The removal of a resident
from other residents for behavior modification and the placement of
the resident alone for 90 minutes or less.
(6) Disciplinary Separation--The removal of a resident
from program activities or other residents for 24 hours or less because
of a major rule violation or an imminent physical threat to self or
others.
(7) Facility Administrator--The individual designated
by the chief administrative officer or governing board of the facility
who has the ultimate responsibility for managing and operating the
facility. This definition includes the certified juvenile supervision
officer who is designated in writing as the acting facility administrator
during the absence of the facility administrator.
(8) Facility Staff--All full-time, part-time, temporary,
and seasonal staff who are employed or contracted to perform facility-related
duties.
(9) Governing Board--A governmental unit (typically
a juvenile board) or a board of trustees appointed by the governmental
unit that establishes and operates or contracts for the establishment
and operation of the facility. The governing board for the facility
must provide oversight of facility operations, policies, and procedures.
(10) Hazardous Material--Any substance that is explosive,
flammable, combustible, poisonous, corrosive, irritating, or otherwise
harmful and is likely to cause injury or death.
(11) Health Assessment--The process whereby the health
status of an individual is evaluated, which may include questioning
the patient regarding symptoms.
(12) Health Care Professional--A term that includes
physicians, physician assistants, nurses, nurse practitioners, dentists,
medical assistants, emergency medical technicians, and others who,
by virtue of their education, credentials, and experience, are permitted
by law to evaluate and care for patients.
(13) Health Service Authority--The agency, organization,
entity, or individual responsible for consulting and collaborating
with the facility administrator and/or the health services coordinator
to ensure a coordinated and adequate health care system is available
to residents of the facility.
(14) Housing Area--An area within the non-secure correctional
facility that contains residents.
(15) Housing Unit--A unit within the housing area that
may be designed and constructed as either a single-occupancy housing
unit (SOHU) or a multiple-occupancy housing unit (MOHU).
(16) Intra-Jurisdictional Custodial Transfer--The transfer
of a resident from a pre-adjudication or post-adjudication secure
facility into a non-secure correctional facility under the same administrative
authority.
(17) Juvenile--A person who is under the jurisdiction
of the juvenile court, confined in a juvenile justice facility, or
participating in a juvenile justice program administered or operated
under the authority of the juvenile board.
(18) Juvenile Supervision Officer--An individual whose
primary responsibility and essential job function is the supervision
of juveniles in a:
(A) juvenile justice facility; or
(B) juvenile justice alternative education program
operated by a department that also operates a juvenile justice facility.
(19) Medical Separation--The removal of a resident
from program activities or other residents for medical purposes in
accordance with §355.524 of this title.
(20) Medical Treatment--Medical care and diagnostic
testing (e.g., x-rays, laboratory testing) performed or ordered by
a physician, advanced practice registered nurse, or physician assistant
or performed by an emergency medical technician, paramedic, registered
nurse (RN), or licensed vocational nurse (LVN) according to their
respective licensure.
(21) Mental Health Provider--An individual who is licensed
or otherwise authorized to provide mental health services under the
following subtitles or chapters of the Texas Occupations Code:
(A) Chapter 110 (sex offender treatment providers);
(B) Subtitle B (physicians);
(C) Subtitle E (limited to nurse practitioners or clinical
nurse specialists who are authorized to practice and hold title in
the psychiatric/mental health category as provided in 22 TAC Chapter
221); or
(D) Subtitle I (psychologists, marriage and family
therapists, licensed professional counselors, chemical dependency
counselors, and social workers).
(22) Mental Health Screening--A process that includes
a series of questions that are designed to identify a resident who
is at an increased risk of having mental health disorders that warrant
attention and a professional review.
(23) Multiple-Occupancy Housing Unit (MOHU)--A housing
unit designed and constructed for multiple-occupancy sleeping.
(24) Non-Program Hours--The time period when the facility's
scheduled resident activity has ceased for the day.
(25) Non-Secure Correctional Facility (Facility)--Any
public or private residential facility operated solely or partly by
or under contract with a juvenile board or governing board in which
the construction fixtures, hardware, staffing models, and procedures
do not restrict the egress of residents from the facility.
Cont'd... |
