CHAPTER 63. RESIDENTIAL FACILITIES FOR CERTAIN DELINQUENT CHILDREN - Texas Statutes

HUMAN RESOURCES CODE

TITLE 3. FACILITIES AND SERVICES FOR CHILDREN

SUBTITLE A. FACILITIES FOR CHILDREN

CHAPTER 63. RESIDENTIAL FACILITIES FOR CERTAIN DELINQUENT

CHILDREN

Sec. 63.001. DEFINITIONS. In this chapter:

(1) "Juvenile" means a person from the age of 10 to 18 years who

has been found to have engaged in delinquent conduct by a court

of competent jurisdiction.

(2) "Facility" means a residential facility for the placement of

juveniles for periods up to one year in length.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.003, eff. September 1, 2009.

Sec. 63.002. AUTHORITY TO OPERATE FACILITY. A county or a

combination of counties may, and they are hereby authorized to,

elect to own, establish, operate, and staff a long-term

residential facility for the detention of juvenile offenders.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.004, eff. September 1, 2009.

Sec. 63.003. GOVERNMENTAL NATURE OF FACILITY. The facility is

an agency of the state, a governmental unit, and a unit of local

government as defined and specified by Chapters 101 and 102,

Civil Practice and Remedies Code, and a local government as

defined by Section 791.003, Government Code.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.005, eff. September 1, 2009.

Sec. 63.004. BOARD OF TRUSTEES: SINGLE COUNTY FACILITY. The

facility shall be governed by a board of trustees. The board of

trustees for a facility created by a single county may be the

commissioners court of the forming county, or the commissioners

court may appoint from the qualified voters of the region to be

served a board of trustees consisting of no less than five nor

more than nine persons. If the board of trustees is appointed

from the qualified voters of the region to be served, the terms

of the members thereof shall be staggered by appointing not less

than one-third nor more than one-half of the members for one

year, or until their successors are appointed, and by appointing

the remaining members for two years, or until their successors

are appointed. Thereafter, all appointments shall be made for a

two-year period, or until their successors are appointed.

Appointments made to fill unexpired terms shall be for the period

of the unexpired term, or until a successor is appointed.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.006, eff. September 1, 2009.

Sec. 63.005. BOARD OF TRUSTEES: COMBINATION OF COUNTIES

FACILITY. A facility created by a combination of counties shall

be governed by a board of trustees. Such board of trustees shall

consist of not less than five nor more than nine members selected

from the commissioners court of such counties, or such

commissioners court may jointly appoint a board of trustees from

among the qualified voters of the region to be served in the

manner described above.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.007, eff. September 1, 2009.

Sec. 63.006. BOARD MEETINGS. The board of trustees shall make

rules to govern the holding of regular and special meetings. All

meetings of the board of trustees shall be open to the public to

the extent required by and in accordance with the general law of

this state requiring meetings of governmental bodies to be open

to the public. Should the board of trustees discuss any juvenile

either in residence in the facility, being transferred to the

facility, or who has formerly been a resident of the facility,

such discussion shall be conducted in closed session, and such

discussion, or any record thereof, shall not be open to the

public.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.008, eff. September 1, 2009.

Sec. 63.007. QUORUM. A majority of the membership of the board

of trustees shall constitute a quorum for the transaction of

business.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.009, eff. September 1, 2009.

Sec. 63.008. FACILITY ADMINISTRATION. The board of trustees is

responsible for the administration of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.010, eff. September 1, 2009.

Sec. 63.009. BOARD POLICIES. The board of trustees shall

develop policies consistent with the rules, regulations, and

standards of the Texas Juvenile Probation Commission.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.011, eff. September 1, 2009.

Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. The board

of trustees shall standardize qualifications for personnel

positions in the community center consistent with those

established by the Texas Juvenile Probation Commission.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.012, eff. September 1, 2009.

Sec. 63.011. ADVISORY COMMITTEES. The board of trustees may

appoint advisory committees to advise the board on matters

relating to the administration of the facility. No such

committee shall consist of less than five members, and the

appointment of such committees shall not relieve the board of

trustees of final responsibility and accountability as provided

in this chapter.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.013, eff. September 1, 2009.

Sec. 63.012. FACILITY EXECUTIVE DIRECTOR: APPOINTMENT. The

board of trustees shall appoint an executive director for the

facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.014, eff. September 1, 2009.

Sec. 63.013. FACILITY EXECUTIVE DIRECTOR: DELEGATED POWERS.

The executive director shall have the powers delegated by and be

subject to the policy direction of the board of trustees.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.015, eff. September 1, 2009.

Sec. 63.014. FACILITY PERSONNEL. The board of trustees or the

director may employ and train personnel for the administration of

the various programs and services of the facility. The employee

shall be provided the appropriate rights, privileges, and

benefits available to the employees of the governing bodies that

establish the facility. The board of trustees is authorized to

provide workers' compensation benefits in the manner provided by

Chapter 504, Labor Code.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.64, eff.

Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.016, eff. September 1, 2009.

Sec. 63.015. COUNTY CONTRIBUTIONS. Each county participating in

the creation of the facility may contribute lands, buildings,

personnel, and funds for the administration of the various

programs and services of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.017, eff. September 1, 2009.

Sec. 63.016. GIFTS, GRANTS, AND DONATIONS. The board of

trustees of the facility may accept gifts, grants, and donations

of money, personal property, and real property for use in the

administration of its programs and services.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.018, eff. September 1, 2009.

Sec. 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL

PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the

instance of a facility formed by a single county, the

commissioners court of the creating county may acquire, through

gift, purchase, condemnation, or any other method, real property

for the purpose of locating a facility on such property. Such

property may be acquired outside of the boundaries of the

creating county if, in the opinion of the commissioners court of

the forming county, there will exist a demand for the services to

be provided by the facility in the county in which the facility

is to be located in addition to any need which may already exist

within the boundaries of the creating county.

(b) The board of trustees for a facility created by a single

county shall establish rules and regulations for the admission of

juveniles into the facility from other than the forming county.

Such rules may allow that the forming county shall have priority

in the placement of its juveniles into the facility. The board

may establish a rate of charges to be paid by the county of

origin of the juvenile being placed into the facility, and such

rates may be reduced for those juveniles being admitted from the

county which created the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.019, eff. September 1, 2009.

Sec. 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION OF

REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the

instance of a facility being created by two or more counties, the

commissioners courts of the forming counties may acquire, by

gift, purchase, condemnation, or other means, real property for

the purpose of locating the facility on such property. The

method of acquisition and the amount of cost sharing between

those counties shall be negotiated among the forming counties and

reduced to contract. Such property to be acquired shall be

situated within the boundaries of any one of the creating

counties.

(b) The board of trustees for a facility created by an

organizational component of two or more counties shall establish

rules and regulations for the admission of juveniles who are

residents of other than the creating counties. The board may

establish a rate of charges to be paid by the county of origin of

the juvenile being placed into the facility, and those rates may

be reduced for juveniles being admitted from a county that was

part of the organizational component that created the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.020, eff. September 1, 2009.

Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES. The

board of trustees may make rules consistent with those

promulgated by the Texas Juvenile Probation Commission and the

policies, principles, and standards provided in this Act to

regulate the administration of services by the facility to the

juveniles placed into the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.021, eff. September 1, 2009.

Sec. 63.020. MINIMUM SERVICES TO BE PROVIDED. The board of

trustees will provide at least the following services to a

juvenile who is placed into the facility:

(1) Education. Upon admission into the facility, the juvenile

will be tested to determine his educational level, and a program

of instruction consistent with the juvenile's educational level

shall be developed to educate the juvenile. Education shall be

given to each juvenile admitted in the facility consistent with

the standards set forth by the Texas Juvenile Probation

Commission.

(2) Counseling. Upon admission into the facility, the juvenile

shall be examined by a trained psychologist or psychiatrist to

determine if the juvenile would benefit from a program of

counseling. At the completion of such examination, the findings

of the psychologist or psychiatrist shall be forwarded to the

director in the form of a recommendation that counseling be given

to the juvenile, along with a program of counseling to be adhered

to by the staff of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.022, eff. September 1, 2009.

Sec. 63.021. LIST OF SERVICES. The board of trustees of the

facility shall devise a list of services that it will offer to

each juvenile who is placed into the facility for the use by the

court in making its determination as to whether the juvenile

would benefit by admission into the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.023, eff. September 1, 2009.

Sec. 63.022. FACILITY RESEARCH AND RECRUITMENT AND TRAINING OF

PERSONNEL; CONTRACTS AUTHORIZED. The facility may engage in

research and in recruitment and training of personnel in support

of its programs and services and may make contracts for those

purposes.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.024, eff. September 1, 2009.

Sec. 63.023. FEES FOR SERVICES. The board of trustees for the

facility may charge reasonable fees to cover costs for services

provided, except where prohibited by other service contracts or

by law.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.025, eff. September 1, 2009.

Sec. 63.024. PAYMENT OF FEES BY COUNTY. In collecting fees for

the treatment rendered juveniles, the director will bill directly

that county in which the juvenile resided prior to his admission

to the facility. The county that receives such a bill from the

director must pay that bill within 45 days of its receipt.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.026, eff. September 1, 2009.

Sec. 63.025. ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED TO

JUVENILES RESIDING IN ANOTHER COUNTY. The board of trustees may

provide that juveniles who reside outside the boundaries of a

county that participated in the formation of the facility may be

admitted to the facility. However, the charges to the county of

residence of the juvenile may be billed at a rate higher than

that charged to a county that participated in the formation of

the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.027, eff. September 1, 2009.

Sec. 63.026. COURT-ORDERED ADMISSION. A juvenile may be

admitted upon the order of a court of competent jurisdiction that

finds that the juvenile has engaged in delinquent conduct and is

in need of supervision or is experiencing a dysfunctional home

environment and will benefit from placement in the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.028, eff. September 1, 2009.

Sec. 63.027. LIMITATION ON PERIOD FOR JUVENILE'S RESIDENCE. The

court will include in its order the length of time that the

juvenile will reside in the facility, which will not exceed a

period of one year. At the conclusion of the one-year period,

the court will make a determination as to whether the juvenile

will benefit from further residence within the facility. The

court may then order the juvenile to be placed into the facility

for additional time not to exceed one year.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.029, eff. September 1, 2009.

Sec. 63.028. MODIFICATION OF COURT ORDER. The court may modify

any order by which a juvenile is placed in the facility upon

recommendation of the director of the facility.

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28,

1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 13.030, eff. September 1, 2009.