| (a) Purpose. This rule establishes a testing program
designed to detect and deter the unauthorized or illegal use of alcohol
or other drugs by youth committed to the Texas Juvenile Justice Department
(TJJD).
(b) Applicability. This rule applies to all youth:
(1) assigned to residential facilities operated by
TJJD; and
(2) assigned to parole supervision under the jurisdiction
of TJJD.
(c) Definitions.
(1) For-Cause Testing--testing that is conducted due
to evidence that reasonably suggests a youth or group of youth is
using alcohol or drugs.
(2) Random Testing--testing of youth identified through
a random selection process without regard to any indicators of past
or current use of drugs or alcohol.
(3) Routine Testing--testing that is conducted:
(A) at regular intervals for youth who have a documented
history of drug or alcohol use; or
(B) after a youth's participation in events or situations
that include access to or contact with the public or otherwise present
an increased risk for drug/alcohol use.
(d) General Provisions.
(1) Any youth may be tested for drug and/or alcohol
use at any time.
(2) Testing may be conducted for cause or on a random
or routine basis.
(3) Testing may be conducted:
(A) as part of a substance abuse treatment program;
(B) as part of an investigation regarding the presence
of illegal drugs in a facility; and
(C) to assist in the daily management of youth in the
rehabilitative process.
(4) During orientation to TJJD, each youth is given
notice that:
(A) he/she is subject to random, routine, and for-cause
alcohol and drug testing; and
(B) the following are rule violations that will result
in appropriate consequences as stated in §380.9503 and §380.9504
of this title:
(i) a positive result on an alcohol or drug test;
(ii) refusal to submit to an alcohol or drug test;
(iii) failure to provide a urine specimen; and
(iv) tampering with a urine sample.
(5) Tests for alcohol or other drugs are conducted,
scored, and interpreted according to the instrument manufacturer's
instructions.
|
| Source Note: The provisions of this §380.9715 adopted to be effective January 1, 1999, 23 TexReg 12933; amended to be effective April 16, 2003, 28 TexReg 3065; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7205; amended to be effective February 15, 2016, 41 TexReg 972 |
