Section 350.100 - Definitions(a) The terms used in this chapter apply to the investigations of alleged abuse, neglect, exploitation, death conducted by the Commission and to the Commission's procedures relating to serious incidents.(b) Terms used in this chapter shall have the following meanings unless otherwise expressly defined within the chapter. (1) Abuse, Neglect and Exploitation--The definitions of "abuse", "neglect" and "exploitation" shall have the meanings ascribed under Texas Family Code § 261.001 and § 261.401. For the purposes of this chapter, "abuse" includes serious physical abuse and sexual as defined in this section.(2) Administrator--The chief administrative officer of a juvenile probation department, a public or private juvenile justice program or a public or private juvenile justice facility.(3) Administrative Designee--The role assigned to the administrator, when a preponderance of evidence determines that the proximate cause of the allegation was based on policies and procedures under the direct control of the administrator.(4) Alleged Perpetrator--A person alleged as being responsible for the abuse, neglect or exploitation of a juvenile through the person's actions or failure to act.(5) Alleged Victim--A juvenile under the jurisdiction of the juvenile court or participating in a program operated under the authority of the governing board or juvenile board who is alleged to be a victim of abuse, neglect or exploitation.(6) Attempted Suicide--Any voluntary and intentional action that could reasonably result in taking one's own life.(7) Call Line--The toll-free number made available for reporting allegations of abuse, neglect, exploitation, death and serious incidents within the juvenile justice system.(8) Commission--The Texas Juvenile Probation Commission.(9) Designated Perpetrator--The individual responsible for the abuse, neglect or exploitation of a juvenile who has not exhausted the right to administrative review or whose right to administrative review has not expired.(10) Designated Victim--The juvenile who was abused, neglected or exploited.(11) Escape-- (A) The voluntary, unauthorized departure, or attempt to depart, by an individual who is in custody; or(B) Failure to return to custody following an authorized temporary leave for a specific purpose or limited period.(12) Incident Report Form--The required form used to report to the Commission alleged abuse, neglect, exploitation, death and serious incidents.(13) Internal Investigation Report--The written report submitted to the Commission that summarizes the steps taken and the evidence collected during an internal investigation of alleged abuse, neglect, exploitation or death.(14) 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.(15) Juvenile Justice Facility ("facility")--A facility, including its premises and all affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. 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, except for a facility operated solely for children committed to the Texas Youth Commission; and(C) A public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction.(16) Juvenile Justice Program ("program")--A program or department 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 that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.(17) Juvenile Probation Department ("department")--All physical offices and premises utilized by a county or district level governmental unit established under the authority of a juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of Texas Family Code and Chapter 141 of Texas Human Resources Code.(18) Peace Officer--A person elected, employed, or appointed as a peace officer under Code of Criminal Procedure, Article 2.12.(19) Report--Formal notification to the Commission of alleged abuse, neglect, exploitation or death or of a serious incident.(20) Reportable Injury--Any injury sustained accidentally, intentionally, recklessly or otherwise that: (A) Requires medical treatment as defined in this section; or(B) Results from a personal, mechanical or chemical restraint and is a substantial injury as defined in this section.(21) Serious Incident--Attempted escape, attempted suicide, escape, reportable injury, youth-on-youth physical assault or youth sexual conduct as defined in this section.(22) Serious Physical Abuse--Bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment as defined in this section.(23) Sexual Abuse--Conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless of age, may not affirmatively or impliedly consent to the acts as defined in this section under any circumstances.(24) Sexual Abuse by Contact--Any physical contact with a juvenile that includes: intentional touching of the genitalia, anus, groin, breast, inner thigh or buttocks with the intent to abuse, intimidate, hurt, humiliate or harass, arouse or gratify sexual desire; deviate sexual intercourse; sexual contact; sexual intercourse; or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph. (A) "Deviate sexual intercourse" means: (i) any contact between any part of the genitals of one person and the mouth or anus of another person; or(ii) the penetration of the genitals or the anus of another person with a hand, finger or other object.(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons including simulated or actual sexual intercourse, deviate sexual intercourse, bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.(25) Sexual Abuse by Non-Contact--Any sexual behavior, conduct, harassment or actions other than those defined by sexual abuse by contact, which are exhibited, performed or simulated: (A) in the presence of a juvenile or with reckless disregard for the presence of a juvenile;(B) with the intent to arouse or gratify the sexual desire of any person;(C) with the intent to intimidate, hurt, humiliate or harass any person;(D) including repeated verbal statement or comments of a sexual nature; and(E) including demeaning references to gender, derogatory comments about body or clothing or profane or obscene language or gestures.(F) These behaviors, conduct and actions include indecent exposure, voyeurism, distribution or exhibition of pornographic or sexually explicit material or sexual performance as defined in paragraph (24)(D) of this subsection.(26) Substantial Injury--An injury that is significant in size, degree or severity.(27) Sustained Perpetrator--A designated perpetrator as defined in this section who has already been offered the right to an administrative review and the designated perpetrator's rights to the administrative review have expired or the disposition was upheld.(28) TCLEOSE--Texas Commission on Law Enforcement Officer Standards and Education.(29) 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 as defined in this section.(30) Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, sexual performance as those terms are defined in paragraph (24) of this subsection or sexual behavior, conduct or actions which are exhibited, performed or simulated as those terms are defined in paragraph (25) of this subsection. A juvenile may not consent to the acts as defined in this section under any circumstances. Consent may not be implied regardless of the age of the juvenile.37 Tex. Admin. Code § 350.100
The provisions of this §350.100 adopted to be effective September 1, 2009, 34 TexReg 4193