| (26) 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).
(27) Positive Screening--A scored result of a completed
mental health screening instrument (i.e., MAYSI-2) recommending services
requiring a primary service by a mental health provider as described
on the MAYSI-2 reference card.
(28) Premises--One or more buildings together with
their grounds or other appurtenances.
(29) Program Hours--The time period when the facility
schedules activities for the resident population.
(30) Qualified Individual--A person who may supervise
residents when working with residents in a capacity that relates to
the person's qualifications.
(31) 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.
(32) Rated Capacity--The maximum number of beds available
in a facility that were architecturally designed or redesigned as
a housing unit.
(33) Resident--A juvenile who is placed in the non-secure
correctional facility.
(34) Riot--A situation in which three or more residents
in the facility intentionally participate in conduct that constitutes
a clear and present danger to persons or property and substantially
obstructs the performance of facility operations or a program therein.
Rebellion is a form of riot.
(35) Safety Data Sheet--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.
(36) 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.
(37) Single-Occupancy Housing Unit (SOHU)--A housing
unit designed and constructed with separate and individual resident
sleeping quarters.
(38) TJJD--The Texas Juvenile Justice Department.
(39) Volunteer--An individual who agrees to perform
services without compensation and may have regular or periodic supervised
contact with juveniles under the direction of the non-secure correctional
facility.
(40) 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.
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