The following words and terms, as used in this subchapter,
have the following meanings unless the context clearly indicates otherwise.
(1) Advocate--a TJJD employee, contract employee, or
enrolled volunteer assigned to represent the youth at a Level II,
III, or IV hearing who is trained by TJJD to serve as an advocate.
(2) Community Detention--temporary placement of a youth
in a community detention facility pending a Level I or II hearing.
(3) Community Detention Facility--a local detention
facility designed for juveniles or adults, including jails.
(4) Detention Hearing--the court hearing required by
the Texas Family Code to determine whether conditions exist to justify
the detention of a juvenile.
(5) Due Process--the constitutional concept that proceedings
must be fair and that a person is entitled to, at a minimum, notice
and an opportunity to be heard by a neutral decision maker when the
person's liberty or property is at stake.
(6) Extenuating Circumstances--facts that do not rise
to the level of a legal defense but that do provide a reasonable explanation
for the youth's behavior, such as:
(A) the only property involved in the offense was of
minimal value and the youth returned it undamaged to its owner;
(B) the only bodily injury intended or inflicted by
the youth consisted of brief or minor discomfort;
(C) the youth's conduct was an impulsive response to
perceived provocation and posed no threat to persons or property;
or
(D) the youth was persuaded to participate in the offense
by a parent or other authority figure.
(7) Hearing Examiner--an attorney employed by the Texas
Juvenile Justice Department (TJJD) who determines if there is a preponderance
of evidence presented at a Level I hearing to prove the youth committed
an alleged rule violation. The hearing examiner also determines if
the requested dispositions will be imposed.
(8) Hearing Manager--an impartial person who determines
if there is a preponderance of evidence presented at a Level II hearing
to prove the youth committed an alleged rule violation. The hearing
manager also determines if the requested dispositions will be imposed.
(9) High-Restriction Facility--has the meaning assigned
under §380.8527 of this title.
(10) Institution Detention--temporary placement of
youth in the security unit at a high-restriction facility as described
in §380.9559 and §380.9561 of this title.
(11) Institutional Status--the status assigned to all
youth who have not yet been released on parole or who have had their
parole status revoked through a Level I hearing. Youth may be on institutional
status while assigned to high- or medium-restriction placements.
(12) Non-Disciplinary Reasons--reasons not related
to a violation of rules that transfer to a higher restriction assignment
is necessary, such as:
(A) the youth has treatment, educational, medical,
or other needs that cannot be met at the current placement; or
(B) there is no longer a home placement available for
the youth.
(13) Parole Status--the status assigned to all youth
who have been released on parole. Youth may be on parole status while
assigned to a medium-restriction placement or an approved home or
home substitute.
(14) Preponderance of Evidence--a standard of proof
meaning the greater weight and degree of credible evidence admitted
at the hearing (e.g., whether the credible evidence makes it more
likely than not that a particular proposition is true).
(15) Staff Representative--the person assigned to assemble
and present the allegation(s) and evidence at a hearing.
(16) Referring Staff--the TJJD employee or contract
employee who requests detention for a youth.
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| Source Note: The provisions of this §380.9550 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138 |
