Section 344.100 - DefinitionsWhen 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.37 Tex. Admin. Code § 344.100
The provisions of this §344.100 adopted to be effective January 1, 2010, 34 TexReg 4191; amended to be effective July 1, 2011, 36 TexReg 3601; Adopted by Texas Register, Volume 42, Number 41, October 13, 2017, TexReg 5697, eff. 2/1/2018