| (a) Purpose. This rule provides requirements for Texas
Juvenile Justice Department (TJJD) staff to notify public and/or private
elementary and secondary school officials about offense-related information
concerning TJJD youth in a community placement or on parole.
(b) Definitions. As used in this rule, the following
terms have the following meanings, unless the context clearly indicates
otherwise.
(1) Offense--Any felony or misdemeanor offense listed
in Article 15.27, Code of Criminal Procedure.
(2) Pertinent Details--The name and date of the offense
and a description of the facts of the offense, including details of
any assaultive behavior or other violence or weapons used or possessed
during the commission of the offense.
(3) School Officials--For public schools it is the
superintendent or designee of the school/district in which the youth
is enrolled; for private schools it is the principal or designee of
the school in which the youth is enrolled.
(c) Notification Requirements.
(1) For youth in a non-secure placement or on TJJD
parole, TJJD staff must provide the following information to school
officials:
(A) the pertinent details of any offense that resulted
in:
(i) commitment to TJJD;
(ii) an adjudication or conviction subsequent to commitment
to TJJD; and
(iii) an arrest or referral to juvenile court that
is pending final disposition; and
(B) information concerning whether the youth is required
to register as a sex offender.
(2) TJJD staff must provide oral notice within 24 hours
after learning of a youth's transfer or re-enrollment in school or
before the next school day, whichever is sooner. Within seven calendar
days after the oral notice, TJJD staff must provide written notice.
(3) Electronic notice of the information listed in
paragraph (1) of this subsection provided to school officials within
24 hours after learning of a youth's transfer or re-enrollment in
school satisfies all notice requirements set forth in this rule.
|
| Source Note: The provisions of this §385.8136 adopted to be effective August 28, 1998, 23 TexReg 8463; amended to be effective April 2, 2007, 32 TexReg 1915; amended to be effective November 1, 2011, 36 TexReg 7348; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123 |
