When used in this chapter, the following words and terms have
the following meanings unless the context clearly indicates otherwise.
(1) Certification Exam--An exam required by TJJD that
is given to individuals hired as a juvenile probation officer or juvenile
supervision officer that tests the individual's competency in certain
topics.
(2) Certification Period--The 24-month period that
starts on the first day of the month following the officer's birth
month and ends on the last day of the officer's birth month. The first
certification period also includes the time between the date of certification
and the officer's next birth month. For example: An officer's birth
date is June 5. The officer receives initial certification on August
10, 2018. The first certification period starts on August 10, 2018,
and ends on June 30, 2021. The second certification period starts
on July 1, 2021, and ends on June 30, 2023.
(3) Certified Officer (Officer)--A juvenile probation
officer, juvenile supervision officer, or community activities officer
who is currently certified by TJJD.
(4) Chief Administrative Officer--Regardless of title,
the person hired by a juvenile board who is responsible for the oversight
of the day-to-day operations of a single juvenile probation department
for a county or a multi-county judicial district.
(5) Community Activities Officer--Regardless of title,
an individual other than a juvenile probation officer or juvenile
supervision officer whose position may require supervising juveniles
in a non-secure setting within a juvenile justice program.
(6) Continuing Education--Courses, programs, or organized
learning experiences required to maintain certification and to enhance
personal or professional goals.
(7) Conviction--Any conviction or deferred adjudication
for criminal conduct. A conviction does not include a juvenile adjudication.
(8) Direct, Unsupervised Access--The ability to physically
interact with juveniles in a juvenile justice program or facility
without the accompanying physical presence of or constant visual monitoring
by a certified officer or other authorized employee of the program
or facility. For purposes of this chapter, direct, unsupervised access
does not include interactions that are incidental and momentary.
(9) Facility Administrator--An individual designated
by the chief administrative officer or governing board of a juvenile
justice facility as the on-site program director or superintendent
of a juvenile justice facility.
(10) Grace Period--The one-month period following the
end of an officer's certification period.
(11) Juvenile Justice Facility ("facility")--A facility
that serves juveniles under juvenile court jurisdiction and that is
operated solely 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:
(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 non-secure correctional facility
required to be certified in accordance with Texas Family Code §51.126.
(12) Juvenile Justice Program ("program")--A program
or department that:
(A) serves juveniles under juvenile court or juvenile
board jurisdiction; and
(B) is operated solely 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) juvenile justice alternative education programs;
(ii) non-residential programs that serve juvenile offenders
under the jurisdiction of the juvenile court or the juvenile board;
and
(iii) juvenile probation departments.
(13) 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.
(14) Juvenile Probation Officer--An individual whose
primary responsibility and essential job function is to provide juvenile
probation services and supervision duties authorized under statutory
and administrative law that can be performed only by a certified juvenile
probation officer.
(15) Juvenile Supervision Officer--An individual whose
primary responsibility and essential job function is the supervision
of juveniles in a:
(A) juvenile justice facility; or
(B) juvenile justice alternative education program
operated by a department that also operates a juvenile justice facility.
(16) Professional--The following persons are considered
professionals for purposes of this chapter:
(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
under the following chapters of the Texas Occupations Code:
(i) Chapter 301 (nurses);
(ii) Chapter 155 (physicians);
(iii) Chapter 204 (physician assistants);
(iv) Chapter 256, Subchapter A (dentists); or
(v) Chapter 401 (speech-language pathologists and audiologists);
(D) mental health providers, as defined in Chapter
343 of this title;
(E) qualified mental health professionals, as defined
in Chapter 343 of this title; and
(F) commissioned law enforcement personnel.
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