| (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.
(69) Strip Search--A visual inspection of a resident's
body in a state of full or partial undress.
(70) TJJD--The Texas Juvenile Justice Department.
(71) Volunteer--Individuals agreeing to perform services
without compensation who have regular or periodic supervised contact
or unsupervised contact with juveniles under the direction of the
pre-adjudication or post-adjudication secure juvenile facility.
(72) Youth-on-Youth Sexual Conduct--Two or more juveniles,
regardless of age, who engage in deviate sexual intercourse, sexual
contact, sexual intercourse, or sexual performance as those terms
are defined in subparagraphs (A) - (D) of this paragraph.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of
one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of
another person with an object.
(B) "Sexual contact" means the following acts, if committed
with the intent to arouse or gratify the sexual desire of any person:
(i) any touching by a person, including touching through
clothing, of the anus, breast, or any part of the genitals of a person;
or
(ii) any touching of any part of the body of a person,
including touching through clothing, with the anus, breast, or any
part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the
female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or
suggestive nature performed in front of one or more persons, including
simulated or actual sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition
of the genitals, the anus, or any portion of the female breast below
the top of the areola.
(E) A juvenile may not consent to the acts as defined
in this paragraph under any circumstances. Consent may not be implied
regardless of the age of the juvenile.
|
| Source Note: The provisions of this §343.100 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850 |
