Terms used in this chapter have the following meanings unless
otherwise expressly defined within the chapter.
(1) Abuse, Neglect, or Exploitation--The terms "abuse,"
"neglect," and "exploitation" have the meanings given in Texas Family
Code §261.001 and §261.401. For the purposes of this chapter,
"abuse" includes sexual abuse and serious physical abuse as defined
in this section.
(2) Alleged Victim--A juvenile who is alleged to be
a victim of abuse, neglect, or exploitation.
(3) Attempted Escape--Committing an act that amounts
to more than mere planning but that fails to effect an escape.
(4) Attempted Suicide--Any voluntary and intentional
action that could likely result in taking one's own life.
(5) Chief Administrative Officer--Regardless of title,
the person hired by a juvenile board who is responsible for oversight
of the day-to-day operations of a juvenile probation department, including
a juvenile probation department with multi-county jurisdiction.
(6) Escape--The unauthorized departure of a juvenile
who is in custody or the failure of a juvenile to return to custody
following an authorized temporary leave.
(7) Founded--The finding assigned to an internal investigation
when the evidence indicates that the conduct which formed the basis
of an allegation of abuse, neglect, or exploitation occurred.
(8) Incident Report Form--The form used to report to
TJJD allegations of abuse, neglect, or exploitation, the death of
a juvenile, and serious incidents.
(9) Inconclusive--The finding assigned to an internal
investigation when the evidence does not clearly indicate whether
or not the conduct that formed the basis of an allegation of abuse,
neglect, or exploitation occurred.
(10) Internal Investigation--A formalized and systematic
inquiry conducted in response to an allegation of abuse, neglect,
or exploitation or the death of a juvenile.
(11) Internal Investigation Report--The written report
submitted to TJJD that summarizes the steps taken and the evidence
collected during an internal investigation of alleged abuse, neglect,
or exploitation or the death of a juvenile.
(12) 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.
(13) Juvenile Justice Facility ("facility")--A facility
that serves juveniles under juvenile court jurisdiction and that is
operated wholly or partly by or under the authority of the governing
board or juvenile board or by a private vendor under a contract with
the governing board, juvenile board, or governmental unit. The term
includes all premises and affiliated sites of the facility, whether
contiguous or detached. The term includes, but is not limited to:
(A) a public or private juvenile pre-adjudication secure
detention facility, including a short-term detention facility (i.e.,
holdover), required to be certified in accordance with Texas Family
Code §51.12;
(B) a public or private juvenile post-adjudication
secure correctional facility required to be certified in accordance
with Texas Family Code §51.125; and
(C) a public or private juvenile non-secure correctional
facility required to be certified in accordance with Texas Family
Code §51.126.
(14) Juvenile Justice Program ("program")--A program
or department that:
(A) serves juveniles under juvenile court or juvenile
board jurisdiction;
(B) is operated wholly or partly by the governing board,
juvenile board, or by a private vendor under a contract with the governing
board or juvenile board. The term includes:
(i) a juvenile justice alternative education program;
(ii) a non-residential program that serves juvenile
offenders under the jurisdiction of the juvenile court or juvenile
board; and
(iii) a juvenile probation department.
(15) Juvenile Probation Department ("department")--A
governmental unit established under the authority of a juvenile board
to facilitate the execution of the responsibilities of a juvenile
probation department enumerated in Title 3 of the Texas Family Code
and Chapter 221 of the Texas Human Resources Code.
(16) Medical Treatment--Medical care, processes, and
procedures that are performed by a physician, physician assistant,
licensed nurse practitioner, emergency medical technician (EMT), paramedic,
or dentist. Diagnostic procedures are excluded from this definition
unless intervention beyond basic first aid is required.
(17) Private Facility Administrator--The individual
designated by the governing board of the facility who has the ultimate
responsibility for on-site management and operation of a facility
operated under contract with the juvenile board.
(18) Reasonable Belief--A belief that would be held
by an ordinary and prudent person in the same circumstances.
(19) Report--Formal notification to TJJD of alleged
abuse, neglect, or exploitation, the death of a juvenile, or a serious
incident.
(20) Reportable Injury--Any injury sustained by a juvenile
accidentally, intentionally, recklessly, or otherwise that:
(A) does not result from a personal, mechanical, or
chemical restraint and requires medical treatment; or
(B) results from a personal, mechanical, or chemical
restraint and is a substantial injury.
(21) Serious Incident--Attempted escape, attempted
suicide, escape, reportable injury, youth-on-youth physical assault,
or youth sexual conduct.
(22) Serious Physical Abuse--Bodily harm or a condition
that:
(A) resulted directly or indirectly from the conduct
that formed the basis of an allegation of abuse, neglect, or exploitation;
and
(B) requires medical treatment.
(23) Sexual Abuse--Conduct committed by an employee,
volunteer, or other individual working under the auspices of a facility
or program against a juvenile that includes sexual abuse by contact
or sexual abuse by non-contact. A juvenile, regardless of age, may
not consent to the acts as defined in paragraphs (24) and (25) of
this section under any circumstances.
(24) Sexual Abuse by Contact--Any physical contact
with a juvenile that includes:
(A) contact between the penis and the vulva or the
penis and the anus, including penetration, however slight;
(B) contact between the mouth and the penis, vulva,
or anus;
(C) contact between the mouth and any body part with
the intent to abuse, arouse, or gratify sexual desire;
(D) penetration of the anal or genital opening of another
person, however slight, by a hand, finger, object, or other instrument,
that is unrelated to official duties or where the actor has the intent
to abuse, arouse, or gratify sexual desire;
(E) any other intentional contact, either directly
or through the clothing, of or with the genitalia, anus, groin, breast,
inner thigh, or the buttocks, that is unrelated to official duties
or where the actor has the intent to abuse, arouse, or gratify sexual
desire; and
(F) any attempt to engage in the activities described
in subparagraphs (A) - (E) of this paragraph.
(25) Sexual Abuse by Non-Contact--Any sexual behavior,
conduct, harassment, or actions other than those defined as sexual
abuse by contact, which are exhibited, performed, or simulated in
the presence of a juvenile or with reckless disregard for the presence
of a juvenile, including but not limited to:
(A) any threat or request for a juvenile to engage
in the activities described in paragraph (24) of this section;
(B) any display of uncovered genitalia, buttocks, or
breasts in the presence of a juvenile;
(C) voyeurism, which means an invasion of privacy of
a juvenile for reasons unrelated to official duties, such as peering
at a juvenile who is using a toilet to perform bodily functions; requiring
a juvenile to expose his or her buttocks, genitals, or breasts; or
taking images of all or part of a juvenile's naked body or of a juvenile
performing bodily functions; and
(D) sexual harassment, which includes repeated verbal
comments or gestures of a sexual nature, including demeaning references
to gender, sexually suggestive or derogatory comments about body or
clothing, or obscene language or gestures.
(26) Subject of Investigation--A person alleged as
being responsible for the abuse, neglect, or exploitation of a juvenile
through the person's own actions or failure to act.
(27) Substantial Injury--An injury that is significant
in size, degree, or severity.
(28) TJJD--the Texas Juvenile Justice Department.
(29) Unfounded--The finding assigned to an internal
investigation when the evidence indicates the conduct that formed
the basis of an allegation of abuse, neglect, or exploitation did
not occur.
(30) Youth-on-Youth Physical Assault--A physical altercation
between two or more juveniles that results in any of the involved
parties sustaining an injury that requires medical treatment.
(31) Youth Sexual Conduct--Conduct between two or more
juveniles, regardless of age, that is conduct described in paragraphs
(24) and (25) of this section, regardless of whether the juveniles
consented to the conduct.
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