| (a) Purpose. This rule provides opportunities for compensated
and uncompensated work to allow youth in residential facilities to
experience the responsibilities and rewards of constructive work.
(b) Applicability. This rule applies to residential
facilities operated by the Texas Juvenile Justice Department (TJJD).
(c) General Provisions.
(1) Youth are not permitted to perform any work prohibited
by state or federal regulations or statutes pertaining to child labor.
(2) Repetitive, purposeless, and degrading make-work
is prohibited.
(3) Training and work programs use the advice and assistance
of labor, business, and industrial organizations where applicable.
(4) Due to the short length of stay and the intent
of the program, orientation and assessment units do not provide for
any youth work programs other than routine housekeeping chores.
(5) TJJD does not discriminate against youth on the
basis of race, color, national origin, sex, religion, disability,
or genetic information in providing opportunities for uncompensated
and compensated work.
(d) Uncompensated Work.
(1) Youth may be required to do the following kinds
of work without compensation:
(A) assignments that are part of an agency educational
curriculum (i.e., vocational training);
(B) tasks performed as community service; and/or
(C) routine housekeeping chores that are shared by
all youth in the facility, including basic facility maintenance.
(2) Youth may volunteer to participate in work and
training opportunities without compensation as part of an individualized
skills development program. The work and training opportunities may
include, but are not limited to, tasks incidental to facility operations
and assignments related to developing job skills or obtaining industry
certifications. Youth who participate in a skills development program
and demonstrate sustained improvement may be eligible for incentives,
which may include minimal monetary awards.
(3) A youth may volunteer to perform work without compensation
as restitution for damage he/she has caused.
(e) Compensated Work.
(1) Each facility maintains and implements written
procedures for operating compensated work programs that provide youth
with training and employment experience.
(2) Youth who meet established criteria may be paid
for performing tasks incidental to facility operations if such employment
is part of the youth's reentry plan. These work assignments must be
applied for and are governed by standardized job descriptions and
guidelines.
(3) TJJD may operate a Prison Industry Enhancement
Certification Program (PIECP) in accordance with Texas Human Resources
Code Chapter 246 and Texas Government Code Chapter 497. Youth who
participate in a PIECP are paid no less than the federal minimum wage.
(4) Certain youth may qualify for off-campus employment.
Such youth must be paid in accordance with federal wage laws.
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| Source Note: The provisions of this §380.9161 adopted to be effective August 28, 1998, 23 TexReg 8465; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 15, 2014, 39 TexReg 8077; amended to be effective December 1, 2016, 41 TexReg 8630 |
