Section 344.430 - Arrest or Conviction of Current Employees(a) This section applies to individuals employed by, under contract with, or otherwise providing services at a department or facility who are certified or for whom the department or facility is seeking certification, whether they are serving in a position requiring certification or in a position for which certification is optional under § 344.802 of this chapter.(b) If a department or facility receives notification that an individual to whom this section applies has been arrested for criminal conduct described in § 344.400(a) or § 344.410(a) of this chapter, the department or facility must notify TJJD's certification office in writing no later than 10 calendar days after receiving notice of the arrest. The department or facility must provide information regarding the circumstances of the arrest and respond to any questions from TJJD regarding the arrest.(c) If a department or facility receives notification that an individual to whom this section applies has been convicted of or placed on deferred adjudication for criminal conduct described in § 344.400(a) or § 344.410(a) of this chapter, the department or facility must: (1) remove the person from the position requiring certification and from any position allowing the person unsupervised access to juveniles; and(2) notify TJJD's certification office in writing no later than 10 calendar days after receiving such notice. The department or facility must provide information regarding the conviction or deferred adjudication and respond to any questions from TJJD regarding the disposition. (d) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in § 344.400(a) of this chapter, TJJD will:(1) deny certification if the person is not yet certified; or(2) revoke certification if the person is certified.(e) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in § 344.410(a) of this chapter, TJJD will conduct the review described in §344.420 to determine if certification should be denied if the person is not yet certified or if certification should be revoked or suspended if the person is certified.(f) Notwithstanding subsection (d) of this section, TJJD will revoke or deny certification if the individual is imprisoned following a felony conviction, revocation of community supervision, revocation of probation, or revocation of mandatory supervision.37 Tex. Admin. Code § 344.430
Adopted by Texas Register, Volume 47, Number 37, September 16, 2022, TexReg 5535, eff. 9/1/2022, expired 12/29/2022; Amended by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8045, eff. 12/30/2022