| (26) Intellectual Disability--A diagnosis made by a
mental health provider based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
(27) Intern--An individual who performs services for
the facility through a formal internship program that is part of an
approved course of study through an accredited college or university
or sponsored by a juvenile justice agency.
(28) Intra-Jurisdictional Custodial Transfer--The transfer
of a resident from a pre-adjudication secure detention facility into
a post-adjudication secure correctional facility under the same administrative
authority. This definition does not include placement in a privately
operated secure post-adjudication facility located within the placing
juvenile probation department's jurisdictional boundaries, even if
the privately operated facility has the same juvenile board and/or
governing board as the referring juvenile probation department.
(29) Isolation--The separation of a resident from other
residents for assessment, medical, or protective purposes and the
placement of the resident alone in an area from which egress is prevented.
(30) Juvenile--A person who is under the jurisdiction
of the juvenile court, confined in a juvenile justice facility, or
participating in a juvenile justice program administered or operated
under the authority of the juvenile board.
(31) Juvenile Supervision Officer--A person whose primary
responsibility and essential function is the supervision of juveniles
in a juvenile justice facility or a juvenile justice program operated
by or under contract with the juvenile board.
(32) Major Violations--Rule violations that constitute
only the following:
(A) serious threat against persons or property;
(B) serious threat to facility safety and/or security;
or
(C) repeated minor rule violations, consistent with
requirements listed in §343.274 of this title.
(33) Material Safety Data Sheet (MSDS)--A document
prepared by the supplier or manufacturer of a product clearly stating
its hazardous nature, ingredients, precautions to follow, health effects,
and safe handling/storage information.
(34) Medical Diet--Special diet ordered for a temporary
or permanent health condition that restricts the type, preparation,
and/or amount of food.
(35) Medical Entity--An agency or organization that
is primarily composed of health care professionals.
(36) Medical Treatment--Medical care, including diagnostic
testing (e.g., x-rays, laboratory testing, etc.), that is performed
or ordered by anyone authorized by law to do so, including a physician,
physician assistant, nurse practitioner, emergency medical technician
(EMT), paramedic, registered nurse (RN), or licensed vocational nurse
(LVN).
(37) Mental Health Provider--An individual who is licensed
or otherwise authorized to provide mental health services by one or
more of the following licensing boards:
(A) Texas State Board of Examiners of Psychologists;
(B) Texas State Board of Examiners of Professional
Counselors;
(C) Texas State Board of Examiners of Marriage and
Family Therapists;
(D) Texas Department of State Health Services - Chemical
Dependency Counselors Program;
(E) Council on Sex Offender Treatment;
(F) Texas Medical Board; or
(G) Texas State Board of Social Worker Examiners.
(38) Mental Health Screening--A process that includes
a series of questions that are designed to identify a resident who
is at an increased risk of having mental health disorders that warrant
attention and a professional review.
(39) Military-Style Program--A program or component
in a post-adjudication secure correctional facility for juvenile offenders
that features military-style discipline and structure as an integral
part of its treatment and rehabilitation program.
(40) Minor Violations--Rule violations that do not
represent a serious threat against persons or property and that do
not pose a serious threat to facility safety and/or security.
(41) Multiple-Occupancy Housing Unit (MOHU)--A housing
unit designed and constructed for multiple-occupancy sleeping, which
is self-contained and includes appropriate sleeping, sanitation, and
hygiene equipment or fixtures.
(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.
Cont'd... |
