| (42) Non-Program Hours--Time period when all scheduled
resident activity for the entire resident population in the facility
has ceased for the day.
(43) Oral Cavity Search--The visual examination of
a resident's open mouth.
(44) Pat-Down Search--A manual search in which the
resident's outer clothing is patted down or searched.
(45) Perimeter--The contiguous property on the exterior
of the building to which residents have access for recreational activities,
physical exercise, and other outdoor activities.
(46) Physical Training Program--Any program that requires
participants to engage in and perform structured physical training
and activity. This does not include recreational team activities or
activities related to the educational curriculum (i.e., physical education).
(47) Positive Screening--A scored result of a completed
mental health screening instrument requiring referral to a mental
health provider.
(48) Post-Adjudication Secure Correctional Facility
("Facility" or "Secure Facility")--A secure facility administered
by a governing board that includes construction and fixtures designed
to physically restrict the movements and activities of the residents
and is intended for the treatment and rehabilitation of youth who
have been adjudicated. Subchapters A, B, D, and E of this chapter
apply to all post-adjudication secure correctional facilities. A post-adjudication
secure correctional facility does not include any non-secure residential
program operating under the authority of a governing board.
(49) Pre-Adjudication Secure Detention Facility ("Facility"
or "Secure Facility")--A secure facility administered by a governing
board that includes construction and fixtures designed to physically
restrict the movements and activities of juveniles or other individuals
held in lawful custody in the facility and is used for the temporary
placement of any juvenile or other individual who is accused of having
committed an offense and is awaiting court action, an administrative
hearing, or other transfer action. Subchapters A, B, C, and E of this
chapter apply to all pre-adjudication secure detention facilities.
A pre-adjudication secure detention facility does not include a short-term
detention facility as defined by §51.12(j) of the Texas Family
Code.
(50) Premises--One or more buildings together with
their grounds or other appurtenances.
(51) Primary Control Room--A restricted or secure area
from which entrance into and exit from a secure facility is controlled.
The primary control room also contains the emergency, monitoring,
and communications systems and is staffed 24 hours each day that residents
are in the facility.
(52) Professionals--The following persons are considered
professionals for limited purposes:
(A) teachers certified as educators by the State Board
for Educator Certification, including teachers certified by the State
Board for Educator Certification with provisional or emergency certifications;
(B) educational aides or paraprofessionals certified
by the State Board for Educator Certification;
(C) health care professionals licensed or certified
by:
(i) the Texas Board of Nursing;
(ii) the Texas Medical Board;
(iii) the Texas Physician Assistant Board;
(iv) the Texas State Board of Dental Examiners; or
(v) the State Board of Examiners for Speech-Language
Pathology and Audiology;
(D) mental health providers as defined in paragraph
(37) of this section;
(E) qualified mental health professionals as defined
in paragraph (56) of this section;
(F) juvenile probation officers certified by the Texas
Juvenile Justice Department; and
(G) commissioned law enforcement personnel.
(53) Protective Isolation--The exclusion of a threatened
resident from the group by placing the resident in an individual room
that minimizes contact with the residents from a specific group.
(54) Program Hours--The time period when the resident
population has scheduled activities, including any shift changes that
occur during the time period when the resident population has scheduled
activities.
(55) Psychological Evaluation--A mental health assessment
completed or supervised by a doctoral-level psychologist who is licensed
by the Texas State Board of Examiners of Psychologists. At a minimum,
a psychological evaluation must include the following elements:
(A) clinical interview;
(B) psychosocial 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
psychologist deems appropriate, such as a teacher or the child's juvenile
probation officer;
(E) psychometric testing, only if there is no record
of psychometric testing within the past three years. Psychometric
testing must be conducted with instruments that are recognized and
accepted by the American Psychological Association or another professional
mental health organization and must include:
(i) achievement assessment;
(ii) personality assessment; and
(iii) intellectual assessment;
(F) diagnostic impression; and
(G) review of risks, strengths, and recommendations
for intervention.
(56) Qualified Mental Health Professional--An individual
employed by the local mental health authority or an entity who contracts
as a service provider with the local mental health authority who meets
the definition of a qualified mental health professional in the administrative
rules adopted by the Texas Department of State Health Services.
(57) Rated Capacity--The maximum number of beds available
in a facility that were architecturally designed as a housing unit.
(58) Reasonable Belief--A belief that would be held
by an ordinary and prudent person in the same circumstances as the
actor.
(59) Resident--A juvenile or other individual that
has been lawfully admitted into a juvenile pre-adjudication secure
detention facility or a post-adjudication secure correctional facility.
(60) Resident-Initiated Separation--The separation
of a resident from other residents:
(A) at the resident's request (e.g., a cooling-off
period); or
(B) due to a resident's refusal to leave his/her sleeping
room to engage in programming, but only when the separation is not
a room restriction or staff-imposed disciplinary measure.
(61) Room Restriction--The placement of a resident
alone in an area from which egress is prevented for 90 minutes or
less for behavior modification purposes as directed by staff.
(62) Safety-Based Seclusion--The separation of a resident
from other residents for the safety-and-security-related reasons listed
in §343.288 of this title and the placement of the resident alone
in an area from which egress is prevented.
(63) Secondary Screening--A triage process that is
brief and designed to clarify if a resident is in need of intervention
or a more comprehensive assessment and what type of intervention or
assessment is needed.
(64) Serious Mental Illness--A mental health diagnosis
of any of the following disorders: psychoses, schizophrenia, bipolar
with psychotic features, depression with psychotic features, severe
post-traumatic stress disorder, and schizoaffective disorders.
(65) Serious Property Damage--Any damage equal to or
greater than $50.00.
(66) Single-Occupancy Housing Unit (SOHU)--A housing
unit that is designed and constructed with separate and secure individual
resident sleeping quarters and that includes appropriate sleeping,
sanitation, and hygiene equipment or fixtures.
(67) Specialized Housing--Any room or cell used for
disciplinary seclusion, safety-based seclusion, protective isolation,
assessment isolation, or medical isolation.
(68) Standard--An administrative rule adopted by TJJD
in accordance with Texas Government Code Chapter 2001.
Cont'd... |
