| (a) Purpose. The Texas Juvenile Justice Department
(TJJD) recognizes that positive contact with parents, family members,
guardians, and other significant persons can greatly enhance a youth's
successful re-entry into the community. TJJD considers the totality
of the home environment when making decisions regarding an appropriate
home placement for youth. The purpose of this rule is to establish
criteria and procedures to identify a suitable parole placement for
youth who have completed residential program requirements.
(b) Applicability.
(1) This policy applies to youth who will be placed
on parole prior to age 19.
(2) This policy does not apply to sentenced offenders
whose minimum period of confinement will expire within two months
prior to the youth's 19th birthday or after the 19th birthday, because
the youth, if released to parole, will be under the supervision of
the Texas Department of Criminal Justice-Parole Division.
(c) Definitions. As used in this rule, the following
terms have the following meanings, unless the context clearly indicates
otherwise.
(1) Close Family Friend--a person at least 21 years
of age who has a longstanding, significant relationship with the youth.
Examples may include a godparent or someone considered to be an aunt
or uncle even though not related to the youth.
(2) Guardian--has the meaning assigned in Chapter XIII,
Section 601 of the Probate Code.
(3) Parent--an individual who has established a parent-child
relationship under §160.201 of the Family Code. Parent does not
include an individual whose parental rights have been terminated.
(4) Relative--any person at least 21 years of age,
other than a parent, who is:
(A) currently related to the youth in any of the following
ways by blood or adoption: grandparent, sibling, great-grandparent,
uncle, aunt, nephew, niece, first cousin, first cousin once-removed
(the child of one's first cousin), second cousin (the child of the
first cousin of one's parent), great uncle, or great aunt;
(B) the spouse of the youth or a person listed in subparagraph
(A) of this paragraph; or
(C) the youth's step-father, step-mother, or adult
step-sibling.
(d) General Provisions.
(1) TJJD attempts to place paroled youth in the home
of the youth's custodial parent(s) or legal guardian whenever possible.
All parole placements are made consistent with the best interests,
safety, rehabilitative needs, and special needs of the youth.
(2) TJJD may place a youth at the following placements:
(A) home of the custodial parent(s) or legal guardian;
(B) home of the non-custodial parent;
(C) home of a relative;
(D) home of a close family friend;
(E) program placement such as a halfway house, subsidized
independent living, or foster home; or
(F) if the youth meets required parole supervision
levels, an unsupervised home location such as an apartment, dormitory,
or homeless shelter.
(3) TJJD considers input from the youth, the youth's
parents/guardian, and relatives when determining the parole placement
that is in the youth's best interest.
(4) For youth under supervision of both the Department
of Family and Protective Services (DFPS) and TJJD, TJJD collaborates
with DFPS to determine the appropriate home placement.
(5) TJJD will conduct home placement assessments for
youth referred for parole supervision through the Texas Interstate
Compact for Juveniles Office according to the rules of the Interstate
Commission for Juveniles.
(6) TJJD may conduct background and criminal history
checks of individuals over the age of 14 as a prerequisite to placing
a youth in the home of a close family friend. Confidential criminal
history record information will not be released or disclosed except
on court order or with the consent of the individual who is the subject
of the criminal history record information. Criminal records obtained
pursuant to this rule will be destroyed after completion of the home
placement decision.
(7) For youth under age 18 whose parents cannot be
located or refuse to allow the youth to return home and TJJD is unable
to locate a placement with a relative, TJJD will refer the matter
to DFPS.
(8) Based on a consideration of the youth's best interests
and public safety, the executive director or his/her designee may
make exceptions to provisions of this rule on a case-by-case basis.
(e) Placement Assessment.
(1) The assigned parole officer must evaluate the parole
placement options of each youth upon commitment to TJJD. If it is
determined that the home of the custodial parent/legal guardian is
not available for a parole placement, alternative placement options
will be identified in consultation with the youth's case manager,
the youth, and when possible, the youth's parent/guardian.
(2) The assigned parole officer must assess the home
of each youth in his/her jurisdiction, provide a parent/parole orientation,
and determine whether the home is approved or disapproved for placement.
The home placement assessment will be completed in the home where
the youth will be placed.
(3) The home placement assessment status may be changed
but only as a result of a follow-up home placement assessment by the
assigned parole officer.
(4) A completed home placement assessment is considered
current for 12 months. Home placement re-assessments are conducted
annually.
(5) Any time new evidence or special circumstances
warrant, a follow-up home placement assessment must be conducted.
(f) Disapproval Criteria for Home Placements.
(1) A home may be disapproved if one or more of the
following criteria exists and can be documented:
(A) physical abuse;
(B) sexual abuse;
(C) physical absence of parent caretaker due to criminal
incarceration or physical/psychiatric hospitalization;
(D) serious physical/survival neglect;
(E) legal termination of parental rights for youth
under 18 years of age;
(F) the youth is a sex offender, the victim or a potential
victim resides in the home, and requirements for family reintegration
have not been met;
(G) the legal head of household cannot or will not
supervise the youth and/or the youth is not welcome in the home; or
(H) the home being assessed is that of a close family
friend and there is documented evidence that an individual in the
home has a criminal or other background that would present or has
presented a negative and/or unsafe influence or impact on the youth.
(2) If a home is disapproved, parole staff must provide
supports and services to the family that will assist with addressing
safety or other issues identified as disapproval criteria. A disapproved
home may later be approved as a placement if the assigned parole staff
determines specific actions have been taken to address the identified
issues.
(3) If a home is not approved, parole staff must provide
the parent(s) or legal head of household with written notice of the
disapproval, the reasons for the disapproval, any action that may
be taken to correct a deficiency, and information concerning the right
to file a grievance concerning the decision.
(g) Non-Relative Placements.
(1) Youth under 18 years of age may only be placed
with a close family friend or in an unsupervised home location if
approved by the executive director or his/her designee, and for placements
with a close family friend, only if appropriate criminal history checks
have been conducted.
(2) If a parent/guardian objects to a non-relative
placement, the objection will be considered in the final decision.
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