Section 380.9550 - Definitions-Due Process HearingsThe following words and terms, as used in this subchapter, have the following meanings unless the context clearly indicates otherwise.
(1) Advocate--a TJJD employee, contract employee, or enrolled volunteer assigned to represent the youth at a Level II, III, or IV hearing who is trained by TJJD to serve as an advocate.(2) Community Detention--temporary placement of a youth in a community detention facility pending a Level I or II hearing.(3) Community Detention Facility --a local detention facility designed for juveniles or adults, including jails.(4) Detention Hearing--the court hearing required by the Texas Family Code to determine whether conditions exist to justify the detention of a juvenile.(5) Due Process--the constitutional concept that proceedings must be fair and that a person is entitled to, at a minimum, notice and an opportunity to be heard by a neutral decision maker when the person's liberty or property is at stake.(6) Extenuating Circumstances--facts that do not rise to the level of a legal defense but that do provide a reasonable explanation for the youth's behavior, such as: (A) the only property involved in the offense was of minimal value and the youth returned it undamaged to its owner;(B) the only bodily injury intended or inflicted by the youth consisted of brief or minor discomfort;(C) the youth's conduct was an impulsive response to perceived provocation and posed no threat to persons or property; or(D) the youth was persuaded to participate in the offense by a parent or other authority figure.(7) Hearing Examiner--an attorney employed by the Texas Juvenile Justice Department (TJJD) who determines if there is a preponderance of evidence presented at a Level I hearing to prove the youth committed an alleged rule violation. The hearing examiner also determines if the requested dispositions will be imposed.(8) Hearing Manager--an impartial person who determines if there is a preponderance of evidence presented at a Level II hearing to prove the youth committed an alleged rule violation. The hearing manager also determines if the requested dispositions will be imposed.(9) High-Restriction Facility--has the meaning assigned under § 380.8527 of this title.(10) Institution Detention--temporary placement of youth in the security unit at a high-restriction facility as described in § 380.9559 and § 380.9561 of this title.(11) Institutional Status--the status assigned to all youth who have not yet been released on parole or who have had their parole status revoked through a Level I hearing. Youth may be on institutional status while assigned to high- or medium-restriction placements.(12) Non-Disciplinary Reasons--reasons not related to a violation of rules that transfer to a higher restriction assignment is necessary, such as : (A) the youth has treatment, educational, medical, or other needs that cannot be met at the current placement; or(B) there is no longer a home placement available for the youth.(13) Parole Status--the status assigned to all youth who have been released on parole. Youth may be on parole status while assigned to a medium-restriction placement or an approved home or home substitute.(14) Preponderance of Evidence --a standard of proof meaning the greater weight and degree of credible evidence admitted at the hearing (e.g., whether the credible evidence makes it more likely than not that a particular proposition is true).(15) Staff Representative --the person assigned to assemble and present the allegation(s) and evidence at a hearing.(16) Referring Staff--the TJJD employee or contract employee who requests detention for a youth.37 Tex. Admin. Code § 380.9550
The provisions of this §380.9550 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; Amended by Texas Register, Volume 40, Number 37, September 11, 2015, TexReg 6154, eff. 10/1/2015