BOARD MEETINGS JANUARY 25 – 26, 2018 Austin, Texas The board informational packet does not include Audit reports. 1 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Board Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Friday, January 26, 2018 – 9:00 a.m. 1. Call to order Chairman Scott W. Fisher 2. Prayer Chairman Scott W. Fisher 3. Pledge Chairman Scott W. Fisher 4. Discussion, consideration, and possible approval regarding excused absences (Action) Chairman Scott W. Fisher 5. Discussion, consideration, and possible approval regarding the October 20, 2017 Board meeting minutes (Action) Chairman Scott W. Fisher Page 15 6. Discussion, consideration, and possible approval regarding the December 12, 2017 Board meeting minutes (Action) Chairman Scott W. Fisher Page 23 7. Report from the chairman Chairman Scott W. Fisher 8. Public comments Chairman Scott W. Fisher 9. Report from the executive director a. Agency Report Card Camille Cain Page 25 10. Report from The Advisory Council on Juvenile Services Doug Vance Page 31 3 11. Report from the inspector general Forrest Mitchell Page 35 12. Report from the Administrative Investigations Division Kevin DuBose Page 41 13. A presentation by PetroED – eLearning in the Oil and Gas Industries Greg Bihn, President of PetroED Sherrell Kivumbi, Community & Family Coordinator Keith Prusse, Parole Officer Z. Tuttle, Youth Page 47 14. Report from the Trust Committee Jimmy Smith 15. Report from the Finance and Audit Committee Judge Wes Ritchey 16. Acknowledgement of gifts (Action) Mike Meyer Page 61 17. Discussion, consideration, and possible approval regarding requests to exceed appropriation transfer limitations (Action) Mike Meyer Page 71 18. Discussion, consideration, and possible approval regarding extension of the Juvenile Case Management System Basic operation and maintenance contract (Action) Ken Ming Page 77 19. Discussion, consideration, and possible approval of appointments to the Advisory Council for Juvenile Services (Action) Lou Serrano Page 81 20. Discussion, consideration, and possible approval of the Endowment Trust Fund Audit Report 17-7 (Action) Eleazar Garcia Page 99 21. Discussion, consideration, and possible approval of the Special Vocational Projects Consultation Report 17- 6 (Action) Eleazar Garcia Page 115 22. Discussion, consideration, and possible approval of the FY 2018 Internal Audit Charter (Action) Eleazar Garcia Page 119 23. Report from the Programs Committee Chief Edeska Barnes 4 24. Discussion, consideration, and possible final adoption of revisions to 37 TAC §380.8583, relating to Financial Support for Reentry (Action) Rebecca Walters Page 125 25. Discussion, consideration, and possible approval to publish revisions to 37 TAC §380.8595 (Parole Completion and Discharge) in the Texas Register for a 30-day public comment period and possible conditional approval to adopt the final rule (Action) Rebecca Walters Page 131 26. Discussion, consideration, and possible recommendation for final adoption of new 37 TAC Chapter 353 (Substance Abuse Treatment Programs) (Action) Kaci Singer Page 137 27. Report from the Safety and Security Committee Judge Lisa Jarrett 28. Discussion, consideration, and possible approval regarding the discipline of certified officers- Agreed Orders (Action) Jenna Reblin Page 173 a. Jose Herrera, Certification No. 29386, 18-29386-170164 (Angelina) b. Maria Deal, Certification No. 18779, 18-18779-170351 (Bexar) c. Taylor Garner, Certification No. 29456, 17-29456-170184 (Denton) d. Jesus Peralta, Certification No. 17753, 17-17753-170220 (El Paso) e. Darrian Perriatt, Certification No. 30818, 18-30818-170251 (Harris) f. Brittany Perez, Certification No. 31465, 17-31465 (Randall) g. Ella Soto, Certification No. 31491, 17-31491-170321 (Victoria) 29. Discussion, consideration, and possible approval regarding the discipline of certified officers- Default Orders (Action) Jenna Reblin Page 199 a. Brenden Stadelman, Certification No. 31329, 18-31329-170253 (Bell) b. Marcos Marmolejo, Certification No. 31111, 17-31111-170168 (Bexar) c. Richard Ramsey, Certification No. 27021, 17-27021-170170 (Bexar) d. Dyshel R Stanford, Certification No. 12085, 17-12085 (Dallas) e. Esequiel Gurrola, Certification No. 27475, 17-27475-170220 (El Paso) f. Daniel Hale, Certification No. 24200, 16-24200-160208 (Grayson) g. Aaron Grant, Certification No. 29405, 17-29405-170055 (Harris) h. Anthony Conner, Certification No. 31311, 17-31311-170025 (Harris) i. Debra J. Gray (Hill), Certification No. 10717, 18-10717-170153 (Hays) j. Michael Pitts, Certification No. 29859, 18-29859-170357 (Hood) k. Eboni Henderson, Certification No. 31472, 18-31472-170367 (Milam) l. Qushma Jackson, Certification No. 29437, 18-29437-170352 (Milam) m. Patrick Guajardo, Certification No. 30897, 17-30897-170321 (Victoria) n. Edward Hranicky, Certification No. 31816, 17-31816-170321 (Victoria) o. Kasey Riley, Certification No. 31437, 17-31437-170311 (Victoria) 5 30. Discussion, consideration, and possible approval regarding Committee Charters (Action) Kathryn Gray Page 283 31. Closed Session – Executive Session Chairman Scott W. Fisher a. Government Code §551.071 Consultation with attorney (see footnote) b. Government Code §551.072 Deliberation regarding real property (John C. Wende and Parrie Haynes trusts) c. Government Code §551.074 Discussion regarding personnel matters 32. Reconvene in open session – Discussion, consideration, and possible approval regarding matters deliberated in closed executive session (Action) Chairman Scott W. Fisher 33. Adjourn Chairman Scott W. Fisher - The Texas Juvenile Justice Board reserves the right to limit the time and scope of public comments as deemed appropriate by the Board. - The Texas Juvenile Justice Board reserves the right to take formal Board action on any posted agenda item if necessary. - Items may not necessarily be considered in the order in which they appear on the agenda. - The Texas Juvenile Justice Board may go into closed session with respect to any item as authorized by the Texas Open Meetings Act, as codified in Texas Government Code Section 551.071. - If ADA accommodations are needed, please contact Jeannette Cantu at 512.490.7004 or Jeannette.Cantu@tjjd.texas.gov 6 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Trust Committee Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Thursday, January 25, 2018 – 10:15 a.m. 1. Call to order Jimmy Smith 2. Discussion, consideration, and possible approval regarding excused absences (Action) Jimmy Smith 3. Discussion, consideration, and possible approval regarding the October 19, 2017, meeting minutes (Action) Jimmy Smith Page 285 4. Discussion, consideration, and possible approval regarding the Trust Committee Charter (Action) Kathryn Gray Page 289 5. Update on Trust activities Kathryn Gray 6. Adjourn Jimmy Smith - Items may not necessarily be considered in the order in which they appear on the agenda. - Committee meetings may include a quorum of the Board in attendance. - If ADA accommodations are needed, please contact Jeannette Cantu at 512.490.7004 or Jeannette.Cantu@tjjd.texas.gov 7 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Finance and Audit Committee Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Thursday, January 25, 2018 – 11:00 a.m. 1. Call to order Judge Wes Ritchey 2. Discussion, consideration, and possible approval regarding excused absences (Action) Judge Wes Ritchey 3. Discussion, consideration, and possible approval regarding the October 19, 2017, meeting minutes (Action) Judge Wes Ritchey Page 293 4. Discussion, consideration, and possible approval regarding Finance and Audit Committee Charter (Action) Kathryn Gray Page 307 5. Updates from the chief information officer Jim Southwell Page 311 6. Updates from the chief financial officer Mike Meyer Page 313 7. Acknowledgement of gifts (Action) Mike Meyer Page 61 8. Discussion, consideration, and possible approval regarding requests to exceed appropriation transfer limitations (Action) Mike Meyer Page 71 9. Discussion, consideration, and possible approval regarding extension of the Juvenile Case Management System Basic operation and maintenance contract (Action) Ken Ming Page 77 10. Discussion regarding TJJD commitment and revocation trends Rebecca Walters Page 391 11. Discussion, consideration, and possible approval of appointments to The Advisory Council for Juvenile Services (Action) Lou Serrano Page 81 9 12. Discussion, consideration, and possible approval of the Endowment Trust Fund Audit Report 17-7 (Action) Eleazar Garcia Page 99 13. Discussion, consideration, and possible approval of the Special Vocational Projects Consultation Report 176 (Action) Eleazar Garcia Page 115 14. Discussion, consideration, and possible approval of the FY 2018 Internal Audit Charter (Action) Eleazar Garcia Page 119 15. Discussion regarding the Internal Audit Follow-Up Report 17-00 Eleazar Garcia Page 401 16. Adjourn Judge Wes Ritchey - Items may not necessarily be considered in the order in which they appear on the agenda. - Committee meetings may include a quorum of the Board in attendance. - If ADA accommodations are needed, please contact Jeannette Cantu at 512.490.7004 or Jeannette.Cantu@tjjd.texas.gov 10 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Programs Committee Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Thursday, January 25, 2018 – 1:30 p.m. 1. Call to order Chief Edeska Barnes 2. Discussion, consideration, and possible approval regarding excused absences (Action) Chief Edeska Barnes 3. Discussion, consideration, and possible approval regarding the October 19, 2017, meeting minutes (Action) Chief Edeska Barnes Page 415 4. Discussion, consideration, and possible approval regarding Programs Committee Charter (Action) Kathryn Gray Page 421 5. Updates from the Probation and Community Services Division Lou Serrano Page 425 6. Overview of reentry systems and parole operations Todd Novak Page 431 7. Overview of residential contracts Kimbla Newsom Page 455 8. Status update on potential agency film projects Carolyn Beck Page 463 9. Discussion, consideration, and possible final adoption of revisions to 37 TAC §380.8583, relating to Financial Support for Reentry (Action) Rebecca Walters Page 125 11 10. Discussion, consideration, and possible approval to publish revisions to 37 TAC §380.8595 (Parole Completion and Discharge) in the Texas Register for a 30-day public comment period and possible conditional approval to adopt the final rule (Action) Rebecca Walters Page 131 11. Discussion, consideration, and possible final adoption of new 37 TAC Chapter 353 (Substance Abuse Treatment Programs) Kaci Singer Page 137 12. Adjourn Chief Edeska Barnes - Items may not necessarily be considered in the order in which they appear on the agenda. - Committee meetings may include a quorum of the Board in attendance. - If ADA accommodations are needed, please contact Jeannette Cantu at 512.490.7004 or Jeannette.Cantu@tjjd.texas.gov 12 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Safety and Security Committee Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Thursday, January 25, 2018 – 3:00 p.m. 1. Call to order Judge Lisa Jarrett 2. Discussion, consideration, and possible approval regarding excused absences (Action) Judge Lisa Jarrett 3. Discussion, consideration, and possible approval regarding the October 19, 2017, meeting minutes (Action) Judge Lisa Jarrett Page 465 4. Discussion, consideration, and possible approval regarding the Safety and Security Committee Charter (Action) Kathryn Gray Page 475 5. Updates from the inspector general Forrest Mitchell Page 35 6. Updates from the Administrative Investigations Division Kevin DuBose Page 41 7. Updates from the State Programs and Facilities Division Teresa Stroud Page 479 8. Discussion, consideration, and possible approval regarding the discipline of certified officers- Agreed Orders (Action) Jenna Reblin Page 173 a. Jose Herrera, Certification No. 29386, 18-29386-170164 (Angelina) b. Maria Deal, Certification No. 18779, 18-18779-170351 (Bexar) c. Taylor Garner, Certification No. 29456, 17-29456-170184 (Denton) d. Jesus Peralta, Certification No. 17753, 17-17753-170220 (El Paso) e. Darrian Perriatt, Certification No. 30818, 18-30818-170251 (Harris) f. Brittany Perez, Certification No. 31465, 17-31465 (Randall) g. Ella Soto, Certification No. 31491, 17-31491-170321 (Victoria) 13 9. Discussion, consideration, and possible approval regarding the discipline of certified officers- Default Orders (Action) Jenna Reblin Page 199 a. Brenden Stadelman, Certification No. 31329, 18-31329-170253 (Bell) b. Marcos Marmolejo, Certification No. 31111, 17-31111-170168 (Bexar) c. Richard Ramsey, Certification No. 27021, 17-27021-170170 (Bexar) d. Dyshel R Stanford, Certification No. 12085, 17-12085 (Dallas) e. Esequiel Gurrola, Certification No. 27475, 17-27475-170220 (El Paso) f. Daniel Hale, Certification No. 24200, 16-24200-160208 (Grayson) g. Aaron Grant, Certification No. 29405, 17-29405-170055 (Harris) h. Anthony Conner, Certification No. 31311, 17-31311-170025 (Harris) i. Debra J. Gray (Hill), Certification No. 10717, 18-10717-170153 (Hays) j. Michael Pitts, Certification No. 29859, 18-29859-170357 (Hood) k. Eboni Henderson, Certification No. 31472, 18-31472-170367 (Milam) l. Qushma Jackson, Certification No. 29437, 18-29437-170352 (Milam) m. Patrick Guajardo, Certification No. 30897, 17-30897-170321 (Victoria) n. Edward Hranicky, Certification No. 31816, 17-31816-170321 (Victoria) o. Kasey Riley, Certification No. 31437, 17-31437-170311 (Victoria) 10. Adjourn Judge Lisa Jarrett - Items may not necessarily be considered in the order in which they appear on the agenda. - Committee meetings may include a quorum of the Board in attendance. - If ADA accommodations are needed, please contact Jeannette Cantu at 512.490.7004 or Jeannette.Cantu@tjjd.texas.gov 14 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Board Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Friday, October 20, 2017 – 9:00 a.m. BOARD MEMBERS PRESENT: Mr. Scott W. Fisher, Chairman James Castro Judge Lisa Jarrett Chief Pama Hencerling Allison Palmer Judge Wes Ritchey Jimmy Smith Chief Edeska Barnes BOARD MEMBERS ABSENT: Judge Carol Bush MaryLou Mendoza Judge Stephanie Moreno Candy Noble Chief Scott Matthew EXECUTIVE STAFF PRESENT: David Reilly, Executive Director Chelsea Buchholtz, Chief of Staff Tushar Desai, Director of Medical Services Luther Taliaferro, Director of Education Services Jim Southwell, Chief Information Officer Jeannette Cantu, Executive Assistant Rebecca Walters, Senior Director of Placement, Re-entry, and Program Development Other Guests Present Sheri Short, Navarro College Tammy Holland, TJJD Matt Puckett, LBB Karen Kennedy, TJJD Lucy Rodriguez, TJJD Amy Miller, TJJD Kevin DuBose, TJJD Kaci Singer, TJJD Barbara Kessler, TJJD Estela P. Medina, Travis Co. Matt Benbow, Palo Pinto Co. Jill Mata, General Counsel Carolyn Beck, Director of External Relations Eleazar Garcia, Chief Internal Auditor Mike Meyer, Chief Financial Officer Lou Serrano, Senior Director of Probation and Community Services Alan Walters, Director of Halfway Houses and Facility Support Marie Welsch, TJJD Vivian Cohn, TJJD Suzanne Scharle, TJJD Kathryn Gray, TJJD Stephanie Valdez, TJJD Daniel Guajardo, TJJD Nancy Slott, TJJD Connie Simon, TJJD Jimmie Prince, TJJD Colby Harrell, Strategic Part. Christina Garcia, TJJD Frederick Horton, TJJD Doug Vance, Brazos Co. Elizabeth Alamo, TJJD Jenna Reblin, TJJD Fred Meinke, TJJD Steve Roman, TJJD Kenneth Ming, TJJD Lori Robinson, TJJD Darian Thomas, One Heart Jeannette Lepe, TJJD October 20, 2017 Board Meeting Page 1 of 8 15 Call to order Chairman Fisher called the meeting to order at 9:04 a.m. Prayer Chaplain Frederick Horton, opened the meeting with a prayer. Pledge The Pledge of Allegiance and Pledge to the Texas Flag were recited. Discussion, consideration and possible approval regarding excused absences Board members absent were Judge Carol Bush, Marylou Mendoza, Judge Stephanie Moreno, Candy Noble and Chief Scott Matthew. Chief Barnes moved to excuse their absence. Judge Jarrett seconded. The motion passed. Discussion, consideration, and possible approval regarding the June 16, 2017 meeting minutes Allison Palmer moved to approve the minutes. James Castro seconded. The motion passed. Public Comments There were no public comments. Report from the Executive Director David Reilly, Executive Director, directed the Board’s attention to the posters displayed around the room. The posters were created by the Youth in Custody Practice Model (YICPM) workgroups for the legislative day held at the Giddings facility in June. They highlight the work of the YICPM showing family engagement, case planning, re-entry, staff support and racial and ethnic disparity. Mr. Reilly stated he was proud of the work these posters represent, and all of the efforts currently underway to implement the best practices highlighted in the YICPM work. This is the agency’s roadmap for many years to come. When the Board last gathered, Hurricane Harvey was moving towards the Texas Coast. The Risk Management team coordinated emergency planning and did a wonderful job preparing the agency for the storm. All potentially affected facilities sheltered in place but were ready to activate emergency plans to the extent they were needed. All affected facilities were equipped with generators, extra food and water, etc. Evins and Giddings facilities, as well as Tamayo House and Ayres House, were limited to essential personnel through the weekend. District office closures for Friday through Monday included Harlingen, San Antonio and Houston, while the Houston area remained closed until Tuesday, September 5, 2017. Damages experienced as a result of the extensive wind damage were primarily at the Giddings facility. Youth and staff from Tamayo House filled 30,000 sand bags for the Cameron County Emergency Management throughout the storm event. Staff from Tamayo House also helped with preparations at Evins by setting sandbags and distributing water to the dorms. Willoughby House youth volunteered at the Tarrant Area Food Bank, sorting the influx of Hurricane Harvey donations. McFadden Ranch youth did the same at another area food bank. TJJD kept in close touch with affected counties offering bed space, legal support, and any other needed resources. The extent of the damage to each county juvenile probation department is unknown. A few October 20, 2017 Board Meeting Page 2 of 8 16 suffered damage to facilities, some had staffing shortages due to flooding and road closures, and youth from several facilities were evacuated. The agency has been asked to testify before the Senate Health and Human Services Committee on November 8, 2017 regarding the agency’s response to Hurricane Harvey. The agency is also testifying before the Joint Committee on Government Facilities on October, 25, 2017, to provide an overview of the agency’s deferred maintenance projects. The agency underwent a functional review with primary goals to better understand how TJJD utilizes staff resources at all levels; identify any opportunities for efficiency, in order to reallocate staff and resources toward priority areas, especially direct care and youth programs; realign the agency’s position plan to available resources, to put TJJD on firmer financial footing in the future. Almost all of the position adjustments from the functional review have been completed. As a result, 332 positions (mostly unfunded) were eliminated, including 22 in central office, of which 2 were director level. A small number of additional position eliminations through attrition are expected in the coming months. The agency is making efforts to expand prosocial, positive youth development by using animals. Mike Studamire, Superintendent at Gainesville State School, is using 93 acres across from the Gainesville facility, most of which will be a part of Tornado Ranch. The ranch will include an equine, livestock and farming/horticulture component, each with a vocational, therapeutic and philanthropic component. Mr. Reilly referred the Board to page 2 of the agency report card. Youth receiving web-based visits in the third quarter were 149. In the fourth quarter it was 326. This is an example of low cost, high impact results. McFadden Ranch has achieved full PREA compliance. Jimmie Prince, Superintendent at McFadden Ranch is here to be recognized for his accomplishment. Report from the Chairman Chairman Fisher introduced Darian Thomas, Executive Director of the One Heart Project. In January of this year, One Heart began working with TJJD on an MOU. The mission of the non-profit is to give youth a second chance by teaching a life skills course with prosocial behavior and emotional intelligence as well as partnering the youth with a mentor. In addition to working with the TJJD facilities, One Heart is also working with local county facilities. Report from the Advisory Council Doug Vance, Chair of the Advisory Council, stated the Advisory Council last met on September 8, 2017 and summarized the topics from that meeting: Requesting information from Texas DPFS concerning children in foster care; discussion on youth suicide in Texas Juvenile Justice; Independent audit requirement recommendations and ex-officio participation with the advisory council. Report from the inspector general Forrest Mitchell, Chief Inspector General, informed the Board that the OIG’s annual report and fourth quarter report for FY17 has been posted online. He presented comparison data for FY16 and FY17 including analytics, intelligence and reporting, criminal investigations, and special investigative initiatives. There is a decline in the number of canine searches, due to being down two canine units. With the assistance of State Programs, OIG will be getting two new canines. Though the number of October 20, 2017 Board Meeting Page 3 of 8 17 interviews for gang members has increased, the number of confirmed gang members has decreased. Though the number of investigations have relatively stayed the same, the number of cases referred to prosecution has declined. Chief Mitchell advised the Board on two recent arrests of former Juvenile Correctional Officers (JCO’s) out of Gainesville for inappropriate relationships with a youth. He presented a new report sheet that he will be presenting to the Board going forward. In response to a question by James Castro, Mr. Mitchell said the new reporting format will be used as a quarterly report as well as a year-end report. Report from the Administrative Investigations Division Kevin DuBose, Director of Administrative Investigations Division, provided a summary of comparisons for the county investigations unit and the state investigations unit for the time period of FY16 and FY17. The total reports received have increased. There was a reduction of abuse, neglect and exploitation cases. The average days of disposition decreased. There are no cases that have been opened six months or longer. In response to a question by Allison Palmer, Mr. DuBose clarified that youth on youth sexual conduct can mean anything including verbal solicitation all the way up to contact between youth. He stated that AID investigations can run concurrently with OIG investigations. Of note, there was a decrease in the total investigations opened on the state side. None of the pending cases have been opened for six months or longer. There is a reduction in confirmed findings. In response to a question by Jimmy Smith, Mr. DuBose stated that attempted suicide encompasses a broad range of behaviors that could reasonably result in the death of a youth. Further discussion ensued regarding the reporting of attempted suicides. Chairman Fisher recessed for a ten minute break. Report from the Trust Committee Jimmy Smith provided a recap of the items heard by the Trust Committee. Discussion, consideration, and possible approval of a Memorandum of Agreement between the Parrie Haynes Trust and Texas Parks and Wildlife Department for Management of a Prescribed Burn at Parrie Haynes Ranch (Action) Kathryn Gray, Staff Attorney, referred the Board members to a wildlife management plan in their materials. A prescribed burn is a part of that plan. The biologist has partnered with the Texas Parks and Wildlife Department (TPWD) to conduct the prescribed burns. TPWD has offered to enter into a Memorandum of Agreement (MOA) with the Trust to ensure the safety of all parties involved and avoid the necessity of any party waiving liability. Entering into the MOA will allow the biologist and TPWD to move forward with the prescribed burn as provided for in the approved wildlife management plan. Jimmy Smith moved to approve the MOA. Chief Barnes seconded. The motion passed. Report from the Finance and Audit Committee Judge Wesley Ritchey provided a recap of the items heard by the Finance and Audit Committee. October 20, 2017 Board Meeting Page 4 of 8 18 Discussion, consideration, and possible approval regarding the 2018 chaplains' housing allowance designation (Action) Tammy Holland, Manager of Community, Family and Chaplaincy Programs, stated that TJJD is requesting board approval to designate up to the percentage requested by each Chaplain as a housing allowance for tax year 2018, enabling them to exclude that amount of their gross income from federal income taxes. Allison Palmer moved to approve the designations. Chief Hencerling seconded. The motion passed. Discussion, consideration, and possible approval regarding the Central Placement Unit Audit Report (Action) Eleazar Garcia, Chief Auditor, presented the draft audit report. The objective of the audit was to evaluate the agency’s process for placing youth at TJJD facilities or residential contract care. The results of the audit are very positive. Initial placements are made and approved in accordance with policy. Administrative transfers between high restriction facilities are justified and supported. Subsequent (step-down) placements from a high restriction facility to a medium restriction facility are justified and supported. Processing of multiple commitment youth can be improved to support cost-effective practices. Management concurs with the findings and recommendations. In response to a question by Allison Palmer, Stephanie Valdez stated this audit had not been conducted in the last seven years. Ms. Palmer stated this audit should be done more routinely. Allison Palmer moved to approve the audit report. Jimmy Smith seconded. The motion passed. Discussion, consideration, and possible approval regarding the FY 2018 Internal Audit Plan (Action) Mr. Garcia stated the internal audit risk assessment and project selection process includes input from the Board members and agency management and staff. Information describing the assumptions and process used to develop the plan include: Process Description for the annual audit plan development, Risk Assessment Scores and Coverage Schedule, and the proposed FY 2018 audit plan. The risk assessment is weighted towards the safety of youth and staff. Judge Ritchey moved to approve the FY 2018 Internal Audit Plan. Judge Jarrett seconded. The motion passed. Discussion, consideration, and possible approval regarding the FY 2017 Internal Audit Annual Report (Action) Mr. Garcia presented the FY 2017 Internal Audit Annual Report and its described its contents. Also included in this report are the recommendations for all FY 2017 Audit plan projects and their status. Judge Ritchey moved to approve the annual report. Judge Jarrett seconded. The motion passed. Discussion, consideration, and possible approval regarding the FY 2018 Internal Audit Charter (Action) Mr. Garcia presented the FY 2018 Charter and noted revisions made from the previous year’s Charter. Judge Jarrett moved to approve the Charter. Chief Hencerling seconded. The motion passed. October 20, 2017 Board Meeting Page 5 of 8 19 Discussion, consideration, and possible approval regarding the Juvenile Case Management System (JCMS) contract (Action) Kenneth Ming, Director of Business Operations and Contracts, stated the agency has a contract with the Texas Conference of Urban Counties (CUC) related to the Juvenile Case Management System (JCMS) that is effective through December 2017. TJJD staff are currently conducting a competitive Request for Offer solicitation process to obtain proposals and ultimately select a vendor to provide services related to the operation and maintenance of JCMS. Because of the December 31, 2017, expiration of the current contract and the need to provide continuity in the operation of JCMS, staff respectfully requests the Board grant approval to the Executive Director to negotiate and enter into a two year contract with the vendor selected. Staff also requests that the Board grant approval for the Executive Director to enter into a 31-day extension of the current contract with the CUC if necessary. Chief Hencerling moved to approve the resolution. Judge Ritchey seconded. The motion passed. Acknowledgment of a gift from Lake Dallas High School (Action) Mike Meyer, Chief Financial Officer, stated the Lake Dallas High School donated a large number of athletic items to the Gainesville State School with a total estimated value greater than $500.00. Judge Ritchey moved to acknowledge the gift. Chief Barnes seconded. The motion passed. Acknowledgment of a gift from Giddings Community Resource Council (Action) Mr. Meyer stated the Giddings Community Resource Council donated bicycles and helmets, with a documented value greater than $500.00. Judge Ritchey moved to acknowledge the gift. Chief Barnes seconded. The motion passed. Acknowledgment of a gift from Giddings Community Resource Council (Action) Mr. Meyer stated the Giddings Community Resource Council donated Lego gift sets with a documented value greater than $500.00. Judge Ritchey moved to acknowledge the gift. Chief Barnes seconded. The motion passed. Report from the Programs Committee Chief Barnes provided a recap of the items heard by the Programs Committee. Discussion, consideration, and possible approval to renew emergency rule 37 TAC §353.1 (Substance Abuse Facilities and Programs) for an additional 60 days (Action) Kaci Singer, Staff Attorney, stated the emergency rule was adopted at the last Board meeting. Staff are requesting to extend it for 60 additional days, beginning on December 29, 2017. Jimmy Smith moved to approve the emergency rule extension. James Castro seconded. The motion passed. October 20, 2017 Board Meeting Page 6 of 8 20 Discussion, consideration, and possible approval to publish new 37 TAC Chapter 353 (Substance Abuse Treatment Programs) in the Texas Register for a 30-day public comment period and possible conditional approval to adopt the final rules (Action) Ms. Singer stated there has been an emergency rule in place requiring the affected facilities and programs to continue following the Department of State Health Services (DSHS) rules that were in effect on August 31, 2017. TJJD staff have now drafted standards that include the portions of the DSHS rules that appear to be both applicable to juvenile justice facilities and programs and not in conflict with other TJJD standards. Generally, the new rules should not require programs operating under DSHS rules to change their policies, procedures, or operations, with limited exceptions related to reporting information to TJJD rather than to DSHS. The staff requests the Board’s approval to publish the new standards in the Texas Register for a 30-day public comment period. The staff also requests the Board’s approval to adopt the final rules after the public comment period has ended, but only if the conditions listed in the accompanying resolution are met. Chief Barnes moved to approve the resolution. Judge Ritchey seconded. The motion passed. Discussion, consideration, and possible approval to publish revisions to 37 TAC Chapter 348 (Juvenile Justice Alternative Education Programs) in the Texas Register for a 30-day public comment period and possible conditional approval to adopt the final rules (Action) Marie Welsch, Education Specialist, presented the rule revisions and requested the Board’s approval to publish the proposed revisions in the Texas Register for a 30-day public comment period. The staff also requests the Board’s approval to adopt the final rules after the public comment period has ended, but only if the conditions listed in the accompanying resolution are met. Allison Palmer moved to approve the resolution. James Castro seconded. The motion passed. Report from the Safety and Security Committee Judge Jarrett provided a recap of the items heard by the Safety and Security Committee. Discussion, consideration, and possible final adoption of revisions to 37 TAC §343.230 (Specialized Housing) and §343.266 (Bedding) (Action) Lou Serrano, Senior Director of Probation and Community Services, stated the Board approved posting the revisions in the Texas Register for a 30-day public comment period. That period has ended. TJJD did not receive any public comments, and the staff has not recommended any additional changes. The staff now requests the Board’s approval to adopt the final rule text. Allison Palmer moved to approve the resolution. Judge Jarrett seconded. The motion passed. Discussion, consideration, and possible final adoption of revisions to 37 TAC §349.410 (Administrative Review of Investigation Findings) (Action) Ms. Singer stated the Board approved posting the revisions in the Texas Register for a 30-day public comment period. That period has ended. TJJD did not receive any public comments, and the staff has not recommended any additional changes. The staff now requests the Board’s approval to adopt the final rule text. Judge Ritchey moved to approve the resolution. Jimmy Smith seconded. The motion passed. October 20, 2017 Board Meeting Page 7 of 8 21 Discussion, consideration, and possible approval regarding the discipline of certified officers - Agreed Order (Action) a. Anthony Simmons, Certification No. 28683, 17-28683-170143 (Dallas) Jenna Reblin, Staff Attorney, presented the agreed order. Allison Palmer moved to approve the agreed order. James Castro seconded. The motion passed. Discussion, consideration, and possible approval regarding the discipline of certified officers - Default Order (Action) b. Morey Moore, Certification No. 28998, 17-28998-170091 (Bexar) Ms. Reblin presented the default order. Jimmy Smith moved to approve the default order. Judge Ritchey seconded. Judge Jarrett abstained from the vote. The motion passed. Chairman Fisher called for recess so the Board could convene in closed session at 11:00 a.m. Closed Session – Executive Session a. Government Code §551.071 Consultation with attorney (see footnote) b. Government Code §551.072 Deliberation regarding real property (John C. Wende and Parrie Haynes trusts) c. Government Code §551.074 Discussion regarding personnel matters Reconvene in open session – Discussion, consideration, and possible approval regarding matters deliberated in closed executive session (Action) Chairman reconvened the open session at 11:25 a.m. The Board considered for the executive director, David Reilly, an annual salary compensation of $205,879, a 7.23% increase from his current salary to be retroactive to September 1, 2017. Judge Ritchey moved to approve the resolution. Jimmy Smith seconded. The motion passed. Adjourn Chairman Fisher adjourned the meeting at 11:26 a.m. October 20, 2017 Board Meeting Page 8 of 8 22 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Board Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Tuesday, December 12, 2017 – 9:00 a.m. BOARD MEMBERS PRESENT: Mr. Scott W. Fisher, Chairman James Castro Judge Lisa Jarrett Chief Pama Hencerling Allison Palmer Judge Wes Ritchey Jimmy Smith Chief Edeska Barnes Judge Carol Bush MaryLou Mendoza Judge Stephanie Moreno Candy Noble Chief Scott Matthew BOARD MEMBERS ABSENT: EXECUTIVE STAFF PRESENT: David Reilly, Executive Director Chelsea Buchholtz, Chief of Staff Luther Taliaferro, Director of Education Services Jim Southwell, Chief Information Officer Other Guests Present Lucy Rodriguez, TJJD Lauren Fleming, Lt. Gov. Camille Cain, OOG Israel Buddy Silva, Hidalgo Co. Allen Wallace, OIO Suzanne Scharle, TJJD Jill Mata, General Counsel Carolyn Beck, Director of External Relations Jeannette Cantu, Executive Assistant Seth Christensen, OOG Lauren Rose, Texans Care Jaime Coronado, San Patricio Co. Karen Kennedy, TJJD Matt Puckett, LBB Todd Landry Fred Meinke, TJJD Forest Hanna, Midland Co. Luis Leija, Calhoun Co. Debbie Unruh, OIO Ken Ming, TJJD Saul Mendoza, Rep. White December 12, 2017 Board Meeting Page 1 of 2 23 Call to order Chairman Fisher called the meeting to order at 9:00 a.m. Prayer Paula Martinez opened the meeting with a prayer. Pledge The Pledge of Allegiance and Pledge to the Texas Flag were recited. Public Comments There were no public comments. Chairman Fisher called for recess so the Board could convene in closed session at 9:04 a.m. Closed Session – Executive Session a. Government Code §551.071 Consultation with attorney (see footnote) b. Government Code §551.074 Discussion regarding personnel matters relating to possible selection of executive director Reconvene in open session – Discussion, consideration, and possible approval regarding matters deliberated in closed executive session (Action) Chairman reconvened the open session at 11:47 a.m. Judge Ritchey moved to approve the hiring of Camille Cain as executive director with an annual salary of $205,879 with a start date of January 3, 2018. Jimmy Smith seconded. The motion passed. Adjourn Chairman Fisher adjourned the meeting at 11:50 a.m. December 12, 2017 Board Meeting Page 2 of 2 24 TJJD AGENCY REPORT CARD JANUARY 25, 2018 YOUTH DATA Referrals to Probation 80,000 1.6% Commitment 77,149 6.4% Probation with Placement 72,440 70,000 68,616 20.5% Probation in Community 64,086 62,780 60,000 56,287 53,860 50,000 FY 11 FY 12 Source: FY 2011-2017 FY 13 FY 14 Average Length of Stay (Months) at TJJD Youth Dispositions FY 15 FY 16 25.5% Deferred Prosecution FY 17 0.3% Certified as an Adult 30 25 26.6 23.5 20 26.0% Dismissed 17.9 15 24 16.7 10 19.6% Supervisory Caution 5 0 Q3 2017 Q4 2017 Determinate .87% Age 12 or under 2.99% Age 18 13.9% 3.12% Age 13 9.23% Age 14 80 Youth placed directly into medium restriction from intake Source: Q1 FY 2018 98% 24.94% Age 17 49.4% 22.19% Age 15 101 Youth grievances completed timely4 Successful program completions1 Source: Q1 FY 2018 Percentage of youth with no major rule violation2 Source: Q1 FY 2018 Source: FY 2017 Number of days without serious youth injuries6 Source: Q1 FY 2018 Source: Q1 FY 2018 36.66% Age 16 Q1 2018 Indeterminate Source: Q3 FY 2017-Q1 FY 2018 Source: FY 2017 Age at Admission to TJJD 15.7 248 Youth matched to mentor10 Source: Q1 FY 2018 HEALTH SERVICES Percentage of Youth Prescribed Psychotropic Medication 60 55 50 45 40 35 30 25 20 15 10 5 0 Total Serious Youth Injuries Mental Health Hospitalizations7 40 35 5 37 4 30 28 25 37.5 35.1 38.1 36.7 38.1 20 19 17 15 3 10 2 11 2 1 5 Q1 2017 Q2 2017 Q3 2017 Q4 2017 Q1 2018 Source: All Institutions and Halfway Houses Q1 FY 2017–Q1 FY 2018 0 Q1 2017 Q2 2017 Q3 2017 Q4 2017 Q1 2018 Q1 2017 Source: All Institutions Q1 FY 2017–Q1 FY 2018 11 Source: 8/1/2017-7/18/2018 131 Earned GED5 Source: 8/1/2017-7/18/2018 1 0 0 Q4 2017 Q1 2018 0 0 Q2 2017 Q3 2017 Source: All Institutions Q1 FY 2017–Q1 FY 2018 EDUCATION SERVICES SCHOOL YEAR 2017-2018 Earned High School Diploma 2 (SECURE FACILITIES ONLY) 140 Earned Industry Certification Source: 8/1/2017-7/18/2018 25 TJJD AGENCY REPORT CARD 2017 Q1 SERVICE INDICATORS (Secure Facilities, Halfway Houses and Contract Care) Successful program completions1 Total number of youth enrolled in specialized treatment (excluding contract care) Total number of youth that completed specialized treatment • Alcohol or other drug • Sexual behavior treatment • Capital/violent offender Percentage of youth with no major rule violation2 Percentage of youth with less than 5 major rule violations per quarter2 Youth on Stage 4 or Stage YES Youth with major rule violations that are confirmed Youth receiving stage promotions Youth receiving stage demotions3 Percentage of youth grievances completed timely4 EDUCATION (Secure Facilities Only) Number of youth currently holding high school diploma Number of youth currently holding GED5 Number of youth currently eligible to take the GED exam Industry certifications Dual credits awarded Supplemental Certificates (First Aid & CPR, OSHA - 10 Hr.) POPULATION TRENDS New admissions Percentage of youth placed directly into medium restriction from intake Average length of stay (months) - Determinate Average length of stay (months) - Indeterminate HEALTH SERVICES Total serious youth injuries Days without serious youth injuries Total serious self-injuries6 Percentage of youth prescribed psychotropic medication Percentage of medication compliance Emergency room visits Mental health hospitalizations7 FAMILY SUPPORTS ***Families participating in MDT assessments8 Youth receiving web-based visits Youth receiving in-person visits 2 2017 Q2 2017 Q3 2017 Q4 2018 Q1 101 142 131 143 101 1,072 1,086 1,126 1,108 1,049 413 228 54 187 47.3% 412 228 45 204 46.7% 462 251 72 222 48.4% 406 237 63 178 51.4% 390 198 47 195 49.4% 83.6% 85.8% 87.7% 87.5% 86.2% 251 616 581 111 95% 256 605 537 116 92% 257 584 571 123 97% 237 554 551 117 97% 212 454 496 80 98% 9 227 635 103 * 40 10 218 632 81 * 0 17 199 583 172 24 40 10 220 594 80 ** 0 13 229 609 102 24 76 161 180 241 220 197 28.9% 22.1% 20.3% 27.1% 13.9% 24.3 15.3 26 15.9 26.6 17.9 23.5 16.7 24 15.7 37 60 6 35.1% 99.6% 44 2 17 73 2 37.5% 99.5% 24 0 28 68 7 38.10% 99.5% 33 2 19 76 4 36.7% 99.6% 29 0 11 80 1 38.1% 99.5% 17 0 23% 102 653 23% 71 614 19% 149 591 23% 326 601 23% 363 613 26 TJJD AGENCY REPORT CARD VOLUNTEER SERVICES AND CHAPLAINCY Youth matched to mentor9 Number of mentoring hours per quarter Active volunteers per quarter Worship opportunities10 Religious education classes11 FINANCIAL Budgeted total residential population Actual total residential population Average daily population: State Facilities Cost per day: State Facilities12 Average daily population: Halfway Houses Cost per day: Halfway Houses Average daily population: Contract Programs Cost per day: Contract Programs Percentage of general revenue operating variance13 PAROLE Percentage of youth with indeterminate sentences who successfully complete parole14 Percentage of youth placed on parole who needed and achieved a GED or high school diploma while on parole Community service hours MONITORING AND INSPECTIONS Number of completed compliance monitoring reports - state programs15 Number of completed compliance monitoring reports - county facilities TRAINING State: Number of training hours provided16 State: Percentage of overall training compliance17 Community-based: Number of training hours provided Community-based: Number of staff trained Community-based: Number of new juvenile probation and supervision officers certified Community-based: Number of juvenile probation and supervision officer certifications renewed Number of new or revised curricula implemented 3 2017 Q1 2017 Q2 2017 Q3 2017 Q4 2018 Q1 209 3,515 668 216 312 180 3,503 682 262 331 228 4,135 611 219 308 230 3,488 608 222 356 248 3,531 606 219 379 1,237 1,330 1,061 $179 147 $193 122 $169 3.8% 1,237 1,289 1,024 $171 142 $187 123 $169 2.6% 1,237 1,275 1,026 $172 136 $188 112 $169 -2.0% 1,237 1,268 1,011 $158 152 $152 106 $163 -2.4% 1,373 1,241 1,017 $159 142 $173 82 $184 -14.5% 32.5% 34.9% 48.4% 39.3% 46.8% 6.0% 3.6% 3.3% 0.0% 1.0% 2,128.5 3,009.75 3,308.25 3,369.25 3,368.03 5 4 9 7 7 8 19 42 22 15 10,120 47.62% 212.25 1,403 6,980 66.1% 84.25 1,077 278 239 379 288 372 656 609 432 790 454 1 8 7 8 1 7,936.50 58.43% 135.5 939 6,608 57.68% 148.75 1,410 6,571.50 58.19% 162.75 1,059 27 TJJD AGENCY REPORT CARD STAFF JUVENILE CORRECTIONAL OFFICER FY 2017 Turnover Rate FY 2018 Turnover Rate (Through Nov 2017) Total positions Positions filled Positions vacant Percent filled CASE MANAGER FY 2017 Turnover Rate FY 2018 Turnover Rate (Through Nov 2017) Total positions Positions filled Positions vacant Percent filled MENTAL HEALTH FY 2017 Turnover Rate FY 2018 Turnover Rate (Through Nov 2017) Total positions Positions filled Positions vacant Percent filled EDUCATION FY 2017 Turnover Rate FY 2018 Turnover Rate (Through Nov 2017) Total positions Positions filled Positions vacant Percent filled TOTAL INSTITUTIONS EJC GNS GID MART RJ 35.73% 45.40% 163 149 14 91.41% 51.15% 78.75% 225 172 53 76.44% 33.48% 22.15% 274 243 31 88.69% 44.67% 55.46% 291 262 29 90.03% 51.17% 66.21% 243 184 59 75.72% 43.31% 52.30% 1,196 1,010 186 84.45% 43.64% 29.96% 16 16 0 100.00% 32.56% 22.82% 24 20 4 83.33% 34.15% 0.00% 25 21 4 84.00% 0.00% 36.87% 37 32 5 86.49% 17.70% 33.06% 29 27 2 93.10% 20.83% 26.42% 131 116 15 88.55% 40.00% 0.00% 6 3 3 50.00% 76.19% 0.00% 16 14 2 87.50% 30.00% 0.00% 11 7 4 63.64% 40.00% 21.74% 9 8 1 88.89% 8.51% 0.00% 13 12 1 92.31% 33.71% 7.56% 55 44 11 80.00% 19.58% 0.00% 20 19 1 95.00% 21.74% 76.35% 32 29 3 90.63% 9.76% 26.33% 31 28 3 90.32% 22.40% 0.00% 32 28 4 87.50% 23.53% 0.00% 42 35 7 83.33% 19.58% 21.21% 157 139 18 88.54% 4 28 TJJD AGENCY REPORT CARD Program Completion Criteria: (1) no major rule violations confirmed through a Level I or II due process hearing within 30 days before the exit review or during the approval process; and (2) completion of the minimum and/or extension length of stay; and (3) participation in or completion of assigned specialized treatment programs or curriculum as required (4) assignment by the multi-disciplinary team to the highest stage in the assigned rehabilitation program and consistently living up to the expectations of that assignment in behavior, school and treatment (5) completion of a community re-integration plan approved by the youth’s treatment team, that demonstrates the youth’s understanding of his/her treatment issues and aftercare plans to address those issues (6) participation in or completion of any statutorily required rehabilitation programming (reading improvement, PBIS and/or gang intervention) 1 Major or Minor Rule Violation: a violation to knowingly commit, attempt to commit, or help someone else commit any rule violation which also may be considered a violation of the law. Examples of major rule violations include but are not limited to: escape, assault, possession of prohibited substances, participating in major disruptions, possession of prohibited items and sexual misconduct.. Examples of minor rule violations include but are not limited to: disruption of program; failure to abide by dress code, improper use of telephone/mail/computer; lying/ cheating; possession of an unauthorized item, threatening others. 2 Stage demotion: a youth’s assigned stage in the agency’s rehabilitation program is lowered by one or more stages. This consequence may be issued only if it is proven through a Level II due process hearing that the youth committed a major rule violation. 3 Youth grievances that are not required to be answered within 24-hrs are due within 10 workdays. Youth grievance appeals that are not medical are due within 5 workdays. Medical appeals and appeals to the executive director are due within 30 calendar days. Data includes secure facilities, halfway houses, contract care, and parole. 4 Requirements for GED: at least 16 years of age and reading at 5.8 or above (Source: Education Procedure Manual EDU.17.05). 5 6 Serious self-injury: action taken by a youth to intentionally harm him/herself to the degree that off-site emergency care and/or hospitalization is required. Mental Health Hospitalization: a medical or psychiatric hospitalization due to a mental health condition. 7 MDT: Multi-Disciplinary Team; a group of staff in TJJD-operated residential facilities who partner with the youth to facilitate his/her progress in the rehabilitation program. 8 9 Mentor: a registered TJJD volunteer who is carefully matched to an individual youth and commits to visiting that youth at least 4 hours monthly for a minimum of six months. Worship opportunities: congregate religious activities facilitated by a religious leader that engage youth, strictly on a voluntary basis, in rites, rituals, and sacraments of the respective faith group. 10 Religious education classes: small study groups led by chaplaincy volunteers that engage youth, strictly on a voluntary basis, in the teachings of a religious text and faith group practices. 11 Cost per day: State Facilities = (Expenditures / Average Daily Population) / Days in Year 12 Reported variance is based on the financial report presented to the TJJD Board closest to the end of the indicated fiscal quarter. 13 Successful completion of parole: Youth have completed minimum requirements of community service, have no pending adult cases, maintained constructive activity and been on a minimum level of supervision for at least 30 days. 14 State Programs include state secure facilities, halfway houses, state-contract care residential programs, parole, and contract parole. 15 Includes classroom and on-the-job training, excludes e-courses. 16 17 The overall training compliance is calculated by the percentage of staff who have completed their compulsory training as defined by individual training requirements based on job function. *New program as of October 2016. ** Dual credits will be awarded in December 2017. *** The measure for tracking family involvement in youth staffing meetings has been changed to a percentage, to more accurately reflect the degree to which families provide input. The lower percentage for Quarter 3 reflects recent changes to the MDT youth-staff review process, in which family participation in the brief bi-weekly reviews are no longer tracked using the 517 database. 5 29 30 Advisory Council on Juvenile Services Date: January 26, 2018 To: Texas Juvenile Justice Department Board of Directors Mr. Scott W. Fisher Chairman Judge Lisa Jarrett Judge Carol Bush Mr. James Castro Mr. James Smith Ms. Candy Noble Ms. Mary Lou Mendoza Judge Wes Ritchey Chief Edeska Barnes, Jr. Judge Stephanie Moreno Chief David Scott Matthew Chief Pama Hencerling Ms. Allison Palmer From: Doug Vance, PhD. Chair, Advisory Council on Juvenile Services Chief Juvenile Probation Officer Brazos County RE: Advisory Council on Juvenile Services Update Meeting Update The Advisory Council met most recently on Friday November 4, 2017 at the Texas Juvenile Justice Department in Austin Texas. Following is a summary of that meeting and a description of other activities relevant to the Advisory Council Special Recognition TJJD Executive Director David Reilly and Chief Mark Williams were both formally recognized at the November 4, 2017 Advisory Council meeting. Advisory Council Chair Doug Vance presented retiring advisory council members Mark Williams and David Reilly plaques of appreciation for their many years of distinguished service to the field of juvenile justice and in recognition of their outstanding service to the TJJD Advisory Council on Juvenile Services. 31 2 Revisions to Title 37 Texas Administrative Code Chapter 343.230 & 343.266: Lou Serrano, TJJD Senior Director of Probation & Community Services discussed recent changes to TAC Chapter 343.203 & 343.266 as adopted by the TJJD Board of Directors. The changes provide juvenile probation departments the ability to remove bedding and mattresses during operational hours from rooms designated as “specialized housing” that house residents in disciplinary seclusion, safety-based seclusion, and or resident-initiated separation. These changes should help improve facility safety. The effective date will be February 1, 2018. Revisions to Title 37 Texas Administrative Code Chapter 348 – Juvenile Justice Alternative Education Programs. Dr. Marie Welsch, PhD, Education Specialist at TJJD, discussed proposed revisions to TAC 348 as approved by the TJJD Board of Directors for Public Comment. Dr. Welsch discussed in some detail the methodology TJJD uses in dispersing the $6.5 million in funding allocated for mandatory referrals. Dr. Welsch stated TJJD reimburses on average 60,000 attendance days for mandatory referrals per school year. Independent Audit of State Funding Update: Amy Miller, Contracts Grant Manager, TJJD, presented a power-point presentation regarding the work TJJD has done to help with the cost of independent audits for smaller designated counties. At the March 2017 Advisory Council meeting TJJD was asked to review the independent audit requirement in the current contract. The review resulted in a three-pronged plan that will: a. Provide immediate relief to waive the independent audit requirement for small to medium-sized departments that meet identified criteria. b. Issue a request for proposal from TJJD to contract firms for independent audits statewide. c. Continue to study long-term plans for addressing this issue. To date, eighty four Juvenile Probation Departments met eligibility criteria to have the waiver, which was determined if they received less than $500,000 in total state grant funds in fiscal year 2017 and if they met risk criteria in the categories of timely reporting, previous independent audit results, and previous fiscal monitoring results. Currently, forty eight juvenile probation departments requested a waiver for the FY 17 audit that is due in March 2018. Total cost savings to approved departments amounted to an estimated $215,593.00. 32 3 Discussion Regarding Recommended Qualifications for Executive Director, TJJD. The advisory council instructed Doug Vance to notify the TJJD Board on the following recommendations regarding the ideal applicant. a. Should have experience in juvenile probation. b. Should have experience in or with the child welfare system c. Seek input from David Reilly on the replacement and ensure some overlap between Mr. Reilly and the newly hired Director to help ensure for a smooth transition. TJJD Update: Lou Serrano, Senior Director of Probation and Community Services TJJD discussed the regional diversion program. During fiscal year 2017, 337 applications for diversion were received by TJJD, 224 were approved, and 188 youths were successfully diverted. Mr. Serrano further indicated that to date during fiscal year 2018, sixty five diversion application have been received and 34 successfully diverted. TDFPS Update Debra Emerson, CPS Director of Permanency, Family, & Youth Services notified the council that recent federal changes to reporting requirements will impact juvenile probation departments that participate in the Title IV-E program by requiring probation departments to report more information than previously required. Ms. Emerson indicated that CPS is working with TJJD on the changes and that juvenile probation departments will be notified in the near future of the exact nature of those changes. Funding Committee Report: The council discussed plans to work closely with TJJD beginning in January 2018 on the development of TJJD’s FY 2019-20 legislative appropriations request. Potential items of discussion include determining an accurate cost of probation and funding for JJAEP’s. Suicide Prevention Committee Doug Vance, committee chair, informed the council that he has assembled a team of juvenile justice and child welfare professionals from across the state that will work over the next 9 months to develop best-practices in the prevention of suicide of justice-involved youth who are housed in correctional, residential, and or juvenile detention centers. The committee had their initial meeting on Thursday November 9, 2017. Committee members reviewed information pertaining to past youth suicides and developed a plan of action for moving forward. Dr. Vance presented a proposed suicide prevention model outline he titled the “Safe 7” Suicide Prevention model containing seven separate domains theorized to impact youth suicide. Committee members will work to develop best-practices for each of the seven model domains. Once completed, the committee will offer training on the model. 33 4 Officer Election & Subcommittee Appointments I am proud to announce that Bell County Juvenile Probation Chief Susan K. Humphrey was elected to replace retiring Mark Williams as Vice-Chair of the Advisory Council. Susan was also appointed to serve as co-chair of the funding committee. In addition, Travis County Chief Estela Medina was drafted to assist the advisory council by serving alongside Chief Humphrey helping co-chair this very important committee. Other appointments involved juvenile probation Chief Ms. Shanna Floyd being assigned to serve on the funding committee and Chief Homer Flores was added to the mental health subcommittee. Next Meeting – The next meeting of the Advisor Council will occur on Friday January 19, 2018 in Austin Texas at the TJJD offices. Information from this meeting will not be available in written form due to the timelines required for submission of this report. An agenda of the Jan 19, 2018 meeting is include with this report. Respectfully Submitted; ________________________ Doug Vance, PhD Chair – TJJD Advisory Council Chief, Brazos County Juvenile Services 34 January 2, 2018 Criminal Justice stakeholder Re: 1st quarter statistical report Dear stakeholder, Attached to this cover letter you will find the 1st quarter statistical report prepared by the Office of the Inspector General for the Texas Juvenile Justice Department. Under Texas Human Resources Code §242.102, the OIG is statutorily required to prepare and distribute quarterly reports to specific elected and appointed officials regarding the type of calls and the number of investigations. As you may see, I have revised the style and format of this report to more accurately report the statutorily required information. Additionally, this report includes the performance measures which are currently reported by OIG to the Legislative Budget Board through TJJD. These metrics include the number of calls, the number of investigations opened and closed, as well as the number of TJJD youth apprehended. This quarter saw some significant investigative activity by the OIG, and included a total of 44 arrests. More than half of those arrests were for Assault on a Public Servant (25) and Harassment by Person in a Secure Correctional Facility (8). However, five of those arrests were for staff members engaged in criminal conduct such as Official Oppression and Violation of the Civil Rights of a Person In Custody. The OIG continues to work closely with the Special Prosecution Unit to process these arrests, and prepare the criminal cases for prosecution. To further that cooperation, SPU prosecutors graciously presented a block of instruction during the OIG annual in-service training that was held in Austin during the 1st quarter. SPU is also collaborating in a specialized sexual assault investigation in correctional environments training seminar for OIG in the 2nd quarter. Finally, should you have any questions about the new format of the statistical report, categories, the numbers reported, or need more specific information, please do not hesitate to contact this office. Forrest A. Mitchell, FBINA-233, LCC-62 Chief Inspector General 35 1st Quarter FY2018 EVN GNS GID Mart RJ Victory Field Ayres Beto BWH Cottrell McFad Schf Tamayo Wil Contract Regional Parole Total Calls received by the IRC 386 426 411 673 615 1 19 0 9 25 21 22 3 46 62 111 2830 126 92 144 138 96 85 104 164 246 279 1 1 13 12 0 1 6 8 4 4 11 5 3 7 0 5 7 9 4 5 92 91 857 906 7 17 0 0 1 4 8 35 0 45 9 11 6 0 0 0 6 6 23 0 81 11 9 9 0 0 0 1 5 21 0 42 9 40 3 0 0 2 4 5 16 0 28 4 36 11 0 0 0 9 1 76 0 87 26 1 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 11 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 4 0 0 1 0 0 0 0 0 0 0 3 0 0 0 2 0 0 0 0 0 0 9 0 0 0 0 0 0 0 0 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2 0 0 0 0 0 0 3 0 0 1 0 0 0 0 0 0 1 2 0 0 0 0 0 0 0 0 0 0 92 0 0 111 51 0 0 3 24 26 172 126 283 59 Investigations Open Closed Types of Investigations Sexual Abuse Narcotics or Contraband Suicide Deaths Hospitalizations Abuse of Office Assaults on other youth Assaults on employees Escapes / Absconders Gang Intelligence Other: Prosecution Data Cases submitted for review Special Prosecution Unit District / County Attorney Indictments Convictions Declinations Dismissals Arrest (Non-DTA) Directives to Apprehend issued DTAs apprehended by OIG DTAs apprehended with assistance DTAs apprehended by other LEO Number 66 44 22 21 36 4 1 30 113 4 17 54 36 FY 2018 1st Quarter – Sexual Assault Investigation & OIG Arrest Charts (Includes CR-43J) FY 2018 1st Quarter – Offense Categories for OIG Arrests of Employees & Youth Offenders 37 Facility Evins Gainesville Giddings Mart Ron Jackson Totals Interview Conducted Totals New Confirmed 47 53 48 31 97 276 Total Confirmations 0 0 0 0 0 0 Interviews for the Week 5 4 6 6 7 28 New 0 0 0 0 6 6 Followup 0 0 0 0 6 6 0 0 0 0 0 0 Employee Training 0 0 0 0 0 0 38 Facility AYRES HOUSE BROWNWOOD HOUSE COTTRELL HOUSE MCFADDEN SCHAEFFER HOUSE TAMAYO HOUSE WILLOUGHBY HOUSE Current Population Youth Interviewed Halfway Houses 21 8 26 42 18 22 17 Percent Interviewed Confirmed Percent Confirmed 16 7 18 33 17 16 11 76% 88% 69% 79% 94% 73% 65% 1 0 3 2 5 2 0 5% 0% 12% 5% 28% 9% 0% 129 219 189 114 9 26 6 12 95 98% 95% 80% 59% 82% 58% 50% 12% 98% 49 38 44 26 3 2 0 0 4 37% 17% 19% 14% 27% 4% 0% 0% 4% 11 11 3 2 3 3 0 21 85% 61% 38% 33% 60% 60% 0% 84% 1 0 0 0 1 1 0 2 8% 0% 0% 0% 20% 20% 0% 8% 64 114 117 44 65 38 87 89 37 43 59% 76% 76% 84% 66% 11 24 25 21 5 17% 21% 21% 48% 8% 1692 1265 75% 270 16% Secure Facilities EVINS REG JUV CNTR GAINESVILLE GIDDINGS MCLENNAN II MCLENNAN PHOENIX MCLENNAN RTC GIDDINGS YOUNG MALE PRGM RON JACKSON O & A RON JACKSON SJCC UT1 132 230 235 192 11 45 12 98 97 Contract Care AMIKIDS, DBA RIO GRANDE VALLEY GARZA COUNTY REGIONAL JUVENILE CENTER GULF COAST TRADES CENTER PEGASUS SCHOOL RTC RITE OF PASSAGE, INC-FEMALES RITE OF PASSAGE, INC-MALES THE GIOCOSA FOUNDATION TRUECORE BEHAVIORAL SOLUTIONS 13 18 8 6 5 5 2 25 Parole REGION CENTRAL REGION EAST REGION NORTH REGION SOUTH REGION WEST Totals 39 40 Texas Juvenile Justice Department Office of the General Counsel Administrative Investigations Division Summary Comparisons FY 18 September 1 – November 30 County Investigations Unit Report Type Abuse, Neglect & Exploitation Investigations Complaints Grievances Non-Jurisdiction Non-Reportable Other Reports (Duplicates, Standards Violation) Serious Incidents Total Reports Received FY 2017 91 12 403 11 116 25 254 913 FY 2018 114 13 534 16 142 44 231 1094 Allegation Classifications Emotional Abuse Exploitation Medical Neglect Physical Abuse – Mechanical Restraint Physical Abuse – Non Restraint Physical Abuse – Physical Restraint Serious Physical Abuse Sexual Abuse – Contact Sexual Abuse Non-Contact Supervisory Neglect Verbal Abuse Total FY 2017 1 0 0 1 19 31 2 14 3 13 7 91 FY 2018 6 2 1 0 26 45 2 6 13 9 4 114 Investigation Dispositions Already Investigated Baseless Concur With Internal Investigation Disp Does Not Meet Abuse/Neglect Definition Reason To Believe Ruled Out Unable To Determine Unable to Investigate/Not Under TJJD Jurisdiction Investigations Opened and Completed During the Reporting Timeframe Average Days to Disposition for Closures During the Reporting Timeframe FY 2017 1 0 2 3 0 11 1 0 18 24 10 80 FY 2018 0 0 2 7 6 42 6 0 34 46 51 96 Pending Completion for Entire Fiscal Year Total Investigations Completed During Reporting Timeframe 41 Texas Juvenile Justice Department Office of the General Counsel Administrative Investigations Division Summary Comparisons FY 18 September 1 – November 30 County Investigations Unit Cont. Serious Incident Classifications Attempted Escape Attempted Suicide Escape Escape - Furlough Reportable Injury Suicide Youth on Youth Physical Assault Youth on Youth Sexual Conduct Total FY 2017 1 125 6 7 25 FY 2018 4 101 5 5 29 0 16 74 254 0 4 83 231 42 Texas Juvenile Justice Department Administrative Investigations Division Summary Comparisons FY 18 September 1 – November 30 State Investigations Unit Investigation Type Abuse Neglect Exploitation Policy Violation Investigations Duplicates/Other Total Investigations Opened During the Reporting Timeframe Total Investigations Closed During the Reporting Timeframe Total Cases Opened During the Reporting Timeframe Average Days to Disposition by Case FY 2017 FY 2018 201 48 10 239 1 499 555 368 91 106 9 2 47 0 277 243 222 56 “Investigations” are the number of suspects and/or separate issues within a singular case; therefore, more than one investigation can be opened in a single case. As a result, more than one disposition can be assigned to a single case. The Total Investigations Opened vs the Total Dispositions Assigned will not match. Disposition Type by Investigation Confirmed Exonerated Unfounded Unable to Determine Other (i.e., Duplicates, No Invest. Required) Under Investigation Total Dispositions Assigned FY 2017 FY 2018 116 9 295 65 14 0 499 30 0 108 14 6 119 277 43 SERIOUS INCIDENT & SEXUAL ABUSE DEFINITIONS Attempted Escape--Committing an act that amounts to more than mere planning but that fails to affect an escape. Attempted Suicide--Any voluntary and intentional action that could likely result in taking one's own life Escape--The unauthorized departure of a juvenile who is in custody or the failure of a juvenile to return to custody following an authorized temporary leave. Medical Treatment--Medical care, processes, and procedures that are performed by a physician, physician assistant, licensed nurse practitioner, emergency medical technician (EMT), paramedic, or dentist. Diagnostic procedures are excluded from this definition unless intervention beyond basic first aid is required. Reportable Injury--Any injury sustained by a juvenile accidentally, intentionally, recklessly, or otherwise that: (A) does not result from a personal, mechanical, or chemical restraint and requires medical treatment; or (B) results from a personal, mechanical, or chemical restraint and is a substantial injury. Sexual Abuse--Conduct committed by an employee, volunteer, or other individual working under the auspices of a facility or program against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. A juvenile, regardless of age, may not consent to the acts as defined in paragraphs (24) and (25) of this section under any circumstances. Sexual Abuse by Contact--Any physical contact with a juvenile that includes: (A) contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (B) contact between the mouth and the penis, vulva, or anus; (C) contact between the mouth and any body part with the intent to abuse, arouse, or gratify sexual desire; (D) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the actor has the intent to abuse, arouse, or gratify sexual desire; (E) any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the actor has the intent to abuse, arouse, or gratify sexual desire; and (F) any attempt to engage in the activities described in subparagraphs (A) – (E) of this paragraph. Sexual Abuse by Non-Contact--Any sexual behavior, conduct, harassment, or actions other than those defined as sexual abuse by contact, which are exhibited, performed, or simulated in the presence of a juvenile or with reckless disregard for the presence of a juvenile, including but not limited to: (A) any threat or request for a juvenile to engage in the activities described in paragraph (24) of this section; (B) any display of uncovered genitalia, buttocks, or breasts in the presence of a juvenile; (C) voyeurism, which means an invasion of privacy of a juvenile for reasons unrelated to official duties, such as peering at a juvenile who is using a toilet to perform bodily functions; requiring a juvenile to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a juvenile’s naked body or of a juvenile performing bodily functions; and (D) sexual harassment, which includes repeated verbal comments or gestures of a sexual nature, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. 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. Youth Sexual Conduct--Conduct between two or more juveniles, regardless of age, that is Sexual Abuse by Contact and Sexual Abuse by Non-Contact, regardless of whether the juveniles consented to the conduct. 44 DISPOSITION DEFINITIONS County Investigation Unit Definitions Baseless – Clear and convincing evidence confirms that the allegation is spurious or patently without factual basis or that the conduct, which formed the basis of an allegation of abuse, neglect, or exploitation, did not occur. Concur – A preponderance of evidence obtained during TJJD’s investigation, which is in part supported by the internal investigation, determines that an incident occurred; however, the evidence is not necessarily definitive as to whether or not elements of the incident meet the statutory definition of abuse, neglect or exploitation. Does Not Meet the Statutory Definition – A preponderance of evidence determines the conduct that formed the basis of the allegation does not meet the statutory definition of abuse, neglect or exploitation. Non-Reportable – Incidents not statutorily required to be reported to the TJJD, but which are received from the counties and documented by TJJD. Previously Investigated – The alleged incident was previously investigated by the TJJD and therefore, further investigation by the TJJD is unwarranted. Reason to Believe – A preponderance of evidence substantiates that an incident that meets the statutory definitions of abuse, neglect or exploitation occurred. Referred – The case is referred to the government entity with investigative jurisdiction when a preponderance of evidence confirms: • The TJJD does not have investigative jurisdiction; • Law enforcement is conducting a criminal investigation; or • Criminal prosecution is pending. Ruled Out – A preponderance of evidence does not substantiate that an incident, which meets the statutory definition of abuse, neglect or exploitation, occurred. Unable to Determine – A preponderance of evidence does not exist to substantiate that abuse, neglect or exploitation occurred; nor does a preponderance of evidence exist to rule out that abuse, neglect or exploitation did not occur. Unable to Investigate – The TJJD’s investigation cannot proceed because: • The persons involved in the alleged incident cannot be identified or located; • The persons involved in the alleged incident refuse to cooperate with the investigation; • There is insufficient information to proceed with the investigation; or • Evidence essential to the investigation is no longer obtainable. State Investigation Unit Disposition Definitions Confirmed – an investigation established that the allegation did occur. Exonerated – an investigation established that the alleged incident occurred but was lawful and proper or was justified under existing conditions. Unable to Determine – an investigation resulted in insufficient evidence to prove or disprove the allegation(s). Unfounded – an investigation established that the allegation is false, not factual. 45 46 PetroEd Outreach Program Houston District Office Focus Group Texas Juvenile Justice Department 47 About PetroEd • Greg Bihn, president and founder of PetroEd Multimedia, Inc. – Began his career as a research chemist for OXY in 1979 – Earned a master’s degree in petroleum engineering from the University of Southern California. – Hiring on with ARCO in the Permian Basin, he moved onwards to Alaska’s North Slope then Indonesia. – Ten years with ARCO provided him with the ideal background to startup PetroEd in 1991. Texas Juvenile Justice Department 48 Course Certification Scholarships Course Name Course Length Number of Users IADC Rig Pass 9 Modules, 18 Hours 20* Oilwell Drilling 10 Modules, 20 Hours 100 Introduction to Well Control 7 Modules, 14 Hours 100 Basic Principles of Petroleum 7 Modules, 14 Hours 100 Texas Juvenile Justice Department 49 PetroEd eLearning • Complex technical processes explained using the latest in multimedia and instructional design. • Engaging content that resonates with the visual learning styles of today’s modern workforce. Texas Juvenile Justice Department 4 50 PetroEd eLearning • Offers hundreds of online titles that focus on technical oilfield education and safety compliance • Courses are provided in a self paced, easyto-use, multilanguage interface Texas Juvenile Justice Department 51 Benefits of eLearning • • • • • • • Self-paced Reduced training time Flexibility in training schedules Increased learning effectiveness Ability to track usage Testing of learning proficiency Customization is easy to facilitate Texas Juvenile Justice Department 52 PetroEd + IADC • PetroEd + IADC – PetroEd offers courses accredited by the International Association of Drilling Contractors (IADC). – The IADC is a global organization representing oil and gas interests for over 70 years. Texas Juvenile Justice Department 53 IADC Certification • IADC Certifications – These programs range from 14 to 84 hours, and will teach the concepts behind working in the petroleum industry, in drilling operations, and in production operations. – Other IADC certificates awarded for completing PetroEd courses include Rig Pass and the introductory level of WellCAP. Texas Juvenile Justice Department 54 Salary Expectations • Average entry level rig workers starting salary is $34,000 annually. • Experienced workers can earn upwards of $100,000 annually. • Plant foreman generally earn $30,000 as a starting salary. Texas Juvenile Justice Department 55 TalentCache • What is Talent Cache? A portal which automates the potential employee through a selection data base, which uses eLearning to prequalify candidates before they are selected to interview. Texas Juvenile Justice Department 56 Early Adapters • Christian Crenshaw, a junior at Rice University, spent the summer developing programs targeting “at risk youth” and collaborating with the Texas Juvenile Justice Department (TJJD), preparing them for possible careers in the oil and natural gas industry. • Sherrell Davis Kivumbi of The Texas Juvenile Justice Department launched the program using a model proposed by Crenshaw; the model utilized PetroEd® eLearning as the basis for the educational part of the engagement. ‘Work-ready’ certificates required by industry were also included by PetroEd in the program. • “We accomplished a lot in a short period of time…it was gratifying that we actually had one candidate complete the program before Christian returned to Rice for the fall semester.” remarked Ms. Kivumbi. “He was a dynamo of enthusiasm!” Sherrell Davis Kivumbi (center) of TJJD is presented an HP laptop by Crenshaw and Director of Operations, Jason Dugas, that candidates will use to successfully complete the regimen of relevant petroleum education topics offered by PetroEd. Texas Juvenile Justice Department 57 Success Story • Zachary – Age: 18 – Earned his GED. – Currently enrolled in Alvin Community College. – Completed (2) Petro Ed IADC Certifications. Texas Juvenile Justice Department 58 Success Story • Jamarcus Jamarcus, a former TJJD youth, completed an IADC Certification with PetroEd and is currently employed as a warehouse foreman with the Dan-Loc Group. Jamarcus was offered a laptop as a gift incentive, but requested a book called Business Connecting Principles to Practice. He stated he studied this book while in the state school, which he reports changed his life. Jamarcus earned his GED and a high school diploma; holds a welding certification, and is currently enrolled at Houston Community College pursuing a degree in finance management, with a minor in logistics. Texas Juvenile Justice Department 59 60 To: TJJD Board Members From: Camille Cain, Executive Director Mike Meyer, Chief Financial Officer Subject: Acknowledgement of gifts Date: January 4, 2018 Texas Government Code, Chapter 575, provides that a state agency that has a governing board may accept a gift with a value of $500 or more only if the agency has the authority to accept the gift, and a majority of the board acknowledges the acceptance of the gift in an open meeting no later than the 90th day after the date the gift is accepted. The Government Code also provides that a state agency may not accept a gift from a person who is a party to a contested case before the agency. TJJD policy GAP.385.8170 (Acceptance of Gifts of $500 or more) implements these provisions. The Ron Jackson State Juvenile Correctional Complex (RJSJCC) received two gifts, as follows: • • AG-Mart Nelson’s Wholesale, donated dog food valued at $529.90 to the to the PAWS program. The donation will help in the growth and training of the K9’s. The Salvation Army donated 42 boxes of 648 bags of chocolate candy shipped by Russell Stover’s Candy Co., at an estimated value greater than $500, to the youth and staff. The candies were to be used as Christmas stocking stuffers. 61 TJJD received two additional gifts supporting the Pairing Achievement with Services (PAWS) program, as follows: • • Kristy Allen donated training materials, with a value estimated of more than $500. Michelle Mullins donated canine head halters, toys, and training equipment, with a value estimated at more than $7,500. These materials will be used to strengthen the operations of the PAWS program, benefitting TJJD youth across several secure campuses. Staff recommends acknowledgement of these four gifts pursuant to the provisions of the Government Code and TJJD policy. A single resolution acknowledging all five gifts is included in the Board packet; following the Board’s approval a letter will be sent to each of the donors to notify them of the acknowledgement and to express appreciation for their support of the Texas Juvenile Justice Department. 62 TEXAS DEPARTMENT TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES October 9, 2017 AG-Mart Nelson?s Wholesale 2400 Hwy. 377 S. Brownwood, Texas 76801 Dear Ag-Mart, Thank you for your continued support to the Texas Juvenile Justice Department PAWS Program. The PAWS Program would not be possible without you. We have received your donation of dog food which is an estimated value of $500.00 or greater. Your extremely generous donation will help in the growth and training of the K95. When supporting PAWS you are saving two lives, that of the youth and the K9 they are assigned. For the Paring Achievement With Service Program PAWS, you make it possible for both youth and K9 to make their way to a successful completion . Thank you again for investing in the future of PAWS at Ron Jackson State Juvenile Correctional Complex. Sincerely, . Eij?? Penny Riggs Community Relations 325-641-4240 Scott W. Fisher, Chairman David Reilly, Executive Director Ron Jackson State Juvenile Correctional Complex Post Of?ce Box 1267. Brownwood, Texas 76804 611 FM 3254, Brownwood, Texas 7680] (Tel) 325.641.4200 (Fax) 325.646.7704 ANIMAL HEALTH. LAWN 84 GARDEN. HORSE CARE. PET SUPPLIES AND HOME PEST CONTROL THE PLANT 8: ANIMAL 5 DATE 0 3%st Prmram am; 0 CUSTOMER NO. SALESMAN NAME CASH CHARGE RETURN 93-30?? STORE QUAN. CATALOGUE NO. DESCRIPTION UNIT PFIICE Egbb??' ID WI ICII All CIlimL lRelurnad GOOCISBIST Be Accomp'nimb?y This Bill I I a_z_ FIUFIC . I \u I. . I TOTAL WI MI I 64 .0, i 201 7-2018 Officers: Jason Smith President Mark Ferraro Vice-President Becky Reynolds Treasurer Dawn Martin Secretary Committee Members Dr. Athena Bean Keith Clark Leona Cleveland Gleta Mickey Cravens Vella Pallette Suzanne Prosise Edda Ratliff Ladon Spence Penny Riggs Community Relations Coordinator DEPARTMENT November 27, 2017 The Salvation Army Correctional Ministries Dept. PO. Box 36607 Dallas, Texas 75235 Dear Sir/Madam, On behalf of everyone at the Ron Jackson State Juvenile Correctional Complex and the members of the Community Resource Council for the benefit of TJJD Youth, we would like to extend our sincerest appreciation by acknowledging the receipt of the Christmas Candy shipped by Russell Stover Candles 00., 42 boxes of 648 candy bags of chocolate for an estimated valued donation of $1944.00, for Ron Jackson Christmas Stocking Stuffer. The students were extremely grateful for the new addition to their Christmas stockings this year that your group generously provided. These efforts helped immeasurably in making this holiday season special for our students, many of whom who have had very little joy in their lives to this point. It is our hope that events such as this dinner will help the students to remember that there are people in the community who truly do care for them and encourage them to strive toward positive goals. Again, thank you very much for your support and best wishes for a joyous and healthy 2018. Sincerely, Penny Community Relations Coordinator 32 5-641 -4240 Ap il Jameson Superintendent 325-641-4212 Scott W. Fisher, Chairman David Reilly, Executive Director Ron Jackson State Juvenile Correctional Complex Post Of?ce Box 1267, Brownwood, Texas 76804 6] I FM 3254. Brownwood, Texas 76801 (Tel) 325.641.4200 (Fax) 325.646.7704 44.0 0W 65 October 24, 2017 From: The Salvation Army Correctional Ministries Dept. PO Box 36607 Dallas, TX 75235 Tel: 214.956.6278 /214.274.0544 RE: Christmas Candy 2017 Shipped by Russell Stover Candies Co. Please share the following information with your unit supply department andior essential staff in your administrative offices. Russell Stover Candies Company will begin shipping the candy to your location next week. Shipped To: TJJD - Ron Jackson Juvenile - Administration Attn: Community Relations Coordinator P.0. Box 1267 I 611 FM 3254 Brownwood, TX 76804 PO 017 The of candy bags provided is based upon the form you returned to us with the number of employees and youth. You may receive a few additional bags over the requested amount because we rounded up to the next full box. of 24-count boxes to be received of candy bags for employees and youth -- **Note: It is possible that some of the 24-count smaller boxes could be combined and placed in a larger box when shipped. As a result, your shipment may be fewer larger sized boxes than the number above. Please contact Barry at 214.274.0544 or Edel at 214.956.6278 if we can assist with any questions. 66 TEXAS DEPARTMENT December 21, 2017 Dogwise Kristy Allen 403 S. Mission Street Wenatchee, WA 98807 Dear Ms. Allen: The Texas Juvenile Justice Department (TJJD) would like to formally acknowledge and express appreciation for your recent donation to our PAWS Program. Speci?cally, your generous donation of training materials, with a value estimated at more than $500 will be used to strengthen the operations of our Pairing Achievement with Services (PAWS) Program bene?tting the youth in TJ D. PAWS is a unique program that uses the natural relationship that comes from the bond between humans and animals living together and being responsible for each other. The PAWS program pairs select TJ youth with K9 partners for a minimum of 12 weeks. The dogs, which come from local animal shelters, learn basic commands, improved socialization skills, and test for the Canine Good Citizen (CGC) Exam. Youth learn responsibility and bene?t from the companionship. During the 12 week program, youth are responsible for their dogs at all times. Once the training program is completed, the TJ facility and local animal center hold an adoption day. This is a chance for youth to help their K9 ?'iends demonstrate their new skills and tricks and meet prospective new owners. The therapeutic approach involves connecting youth with positive social forces and assets, drawing on community resources to engage youth, and engaging youth in pro-social activities and opportunities. PAWS is a natural Because our need for canine supplies is perpetual, we would be very grateful for additional donations in the future. Please contact Cris Burton at 512-490-7049 if you would like to remain involved as a valued supporter of this program. aw [land Commun ty, Family and Chaplaincy Programs Sincerely, Scott W. Fisher, Chairman David Reilly, Executive Director 1 1209 Metric Boulevard, Building H, Austin, Texas 78758 Post Of?ce Box 12757, Austin, Texas 7871 1 (Tel) 512.490.7090 (Fax) 512.490.7140 67 TEXAS DEPARTMENT December 21, 2017 PetSafe Michelle Mullins, Education Manager 1054 Technology Park Drive Glen Allen, VA 23059 Dear Ms. Mullins: The Texas Juvenile Justice Department (TJJ D) would like to formally acknowledge and express appreciation for your recent donation to our PAWS Program. Speci?cally, your generous donation of canine head halters, toys and training equipment, with a value estimated at more than $7,500 will be used to strengthen the operations of our Pairing Achievement with Services (PAWS) Program bene?tting the youth in TJ D. PAWS is a unique program that uses the natural relationship that comes from the bond between humans and animals living together and being responsible for each other. The PAWS program pairs select TJJD youth with K9 partners for a minimum of 12 weeks. The dogs, which come from local animal shelters, learn basic commands, improved socialization skills, and test for the Canine Good Citizen (CGC) Exam. Youth learn responsibility and bene?t from the companionship. During the 12 week program, youth are responsible for their dogs at all times. Once the training program is completed, the facility and local animal center hold an adoption day. This is a chance for youth to help their K9 friends demonstrate their new skills and tricks and meet prospective new owners. The TJ therapeutic approach involves connecting youth with positive social forces and assets, drawing on community resources to engage youth, and engaging youth in pro-social activities and opportunities. PAWS is a natural Because our need for canine supplies is perpetual, we would be very grateful for additional donations in the future. Please contact Cris Burton at 512-490-7049 if you would like to remain involved as a valued supporter of this program. Sincerely, Tammy Ho nd Community, Family and Chaplaincy Programs Scott W. Fisher, Chairman David Reilly, Executive Director 11209 Metric Boulevard, Building H, Austin, Texas 78758 Post Of?ce Box 12757, Austin, Texas 78711 (Tel) 512.490.7090 (Fax) 512.490.7140 68 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL TO ACKNOWLEDGE THE ACCEPATNCE OF GIFTS FOR THE TEXAS JUVENILE JUSTICE DEPARTMENT On this 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: where, among other matters, came up for consideration and adoption the following Resolution: WHEREAS, the Texas Government Code requires a majority of the Board to acknowledge, in an open meeting, gifts with an actual or estimated value of $500 or more; and WHEREAS, RJSJCC received a donation of dog food valued at $529.90 from AG-Mart Nelson’s Wholesale to help in the growth and training of the K9’s in the Pairing Achievement With Service Program (PAWS); and WHEREAS, RJSJCC received a donation from the Salvation Army of 42 boxes of 648 bags of chocolate candy, shipped from Russell Stover’s Candy Co., to be used as Christmas stocking stuffers; and WHEREAS, TJJD received a donation of training materials from Kristy Allen, with a value estimated of more than $500, to support the PAWS program across several TJJD facilities; and WHEREAS, TJJD received a donation of canine head halters, toys, and training equipment from Michelle Mullins, with a value estimated at more than $7,500, to support the PAWS program across several TJJD facilities; NOW, THEREFORE BE IT RESOLVED THAT the Board authorizes the acknowledgement of the donations and formally accepts these generous gifts in support of the Texas Juvenile Justice Department. 69 The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 70 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Mike Meyer, Chief Financial Officer Subject: Discussion, consideration, and possible approval regarding requests to exceed appropriation transfer limitations (Action) Date: January 19, 2018 Article IX, Part 14 of the General Appropriations Act (GAA) sets limits on transfers between items of appropriation and provides agencies with the opportunity to request approval from the Governor and Legislative Budget Board (LBB) to exceed those limits. Such a request must be submitted by the agency’s governing board and include: (1) (2) (3) (4) The date on which the governing board approved the request; A statement justifying the need to exceed the transfer limitation; The source of funds to be used to make the transfer or purchase(s); and An explanation as to why such transfer cannot be deferred. Staff recommends requesting authority to transfer existing appropriations to two additional capital budget items that were presented to, but not adopted by the 85th Legislature: (1) replacing the agency’s mission-critical, legacy youth case management system (estimated $1.8 million); and (2) purchasing replacement radios for use by correctional staff at state-operated facilities (estimated $0.2 million). Addressing these two critical projects during the current biennium using existing resources will remove the need to request exceptional funding in either area during the next appropriations cycle. The projects will be financed with savings within existing capital budget appropriations (estimated $1.8 million over two years) and salary savings (estimated $0.2 million). Additional information is provided in the attached letter. Following approval by the Board, the request will be submitted to the Governor’s Office and LBB. 71 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES January 26, 2018 Ms. Sarah Hicks, Director Governor’s Budget Office P.O. Box 12666 Austin, TX 78711 Ms. Ursula Parks, Director Legislative Budget Board P.O. Box 12666 Austin, TX 78711 Dear Ms. Hicks and Ms. Parks: In accordance with Article IX, Section 14.03(h)(2) of the General Appropriations Act, 85th Legislature, the Texas Juvenile Justice Department (TJJD) hereby requests approval to transfer appropriations to two additional capital budget items that were presented to, but not adopted by the 85th Legislature: (1) replacing the agency’s mission-critical, legacy youth case management system (estimated $1.8 million); and (2) purchasing replacement radios for use by correctional staff at state-operated facilities (estimated $0.2 million). The request was approved by TJJD’s governing board on January 26, 2018. The necessary funding will come from savings within existing capital budget appropriations (estimated $1.8 million over two years) and salary savings realized as a lingering effect of the recent statewide hiring freeze (estimated $0.2 million). These two projects will improve case management and youth data integrity, ensure continued legislative reporting capability, and assist with agency efforts to maintain campus safety. Accessing existing resources during the current biennium will allow TJJD address these critical needs in a timely way, and remove the need to request exceptional funding in either area during the next appropriations cycle. Replacing TJJD’s Legacy Youth Case Management System (estimated $1.8 million) TJJD uses an in-house, legacy software application called the Correctional Care System (CCS) to collect, maintain, and report youth data across all state residential programs.1 The application was developed more than 25 years ago and is written in an obsolete coding language (M204). Over time, the system has become increasingly fragile, while there exist fewer and fewer potential employees or contractors that can work in this language to maintain or update it. CCS was identified as a significant outlier among legacy software applications in need of replacement by the Department of 1 CCS is accessed by program staff for purposes such as case planning, tracking incidents of misconduct, and monitoring treatment progress (e.g., describing meaningful contact with youth, family engagement, and counseling sessions). The system is the primary means by which staff communicate with each other about a youth’s progress, and supervisory staff query CCS for various batch reports. Research staff extract data from the system for statutory reporting purposes, to respond to external inquiries, for internal analysis, and to assist executive management in evaluating program effectiveness. Scott W. Fisher, Chairman Camille Cain, Executive Director 11209 Metric Blvd. Bldg. H, Ste. A, Austin, Texas 78758 Post Office Box 12757, Austin, Texas 78711 (Tel) 512.490.7130 (Fax) 512.490.7717 WWW.TJJD.TEXAS.GOV 72 Information Resources (DIR) during the 85th Legislative Session.2 TJJD requested funding for that purpose but the request was not approved. Toward the end of FY 2016 staff discovered that, as a result of an attempt to update the system,3 errors were being routinely introduced into certain data fields and key reporting variables within the CCS application had been compromised. Due to its age and fragility, repairing the CCS application is time-consuming and costly. TJJD relies on contracted programmers that are able to work in the system’s antiquated programming language, but whose functional knowledge of the agency is limited. In Fiscal Year (FY) 2017, TJJD requested and was approved to repurpose Data Center Services appropriations to repair CCS. However, the agency ultimately determined a full repair was unattainable, and aborted the effort once a modicum of stasis was achieved.4 In order to continue mandatory reporting, considerable staff time is required to “clean” even basic youth data.5 As time elapses the quality and accuracy of TJJD’s reporting of state residential system data will continue to erode. A timely replacement of CCS is in the best interest of the State and the youth in TJJD’s care. Current estimates place the cost of a full system replacement at around $1.8 million.6 Purchasing Replacement Radios for Correctional Staff (estimated $0.2 million) The safety and security of the youth and staff at all facilities are of paramount concern for TJJD. The agency utilizes facility-centric handheld radios as a vital communications tool to promote the overall safety and security of youth and staff on campus. TJJD has deployed Harris 7200 & 7300 model radios based on a proprietary radio communication protocol referred to as “Open Sky.” The current radio system is not p25 capable, which means that the radio communications is localized to a given facility and does not support interoperable communications with local law enforcement or emergency service providers. These handheld radios are in use “24x7” by staff overseeing the care of the youth in TJJD’s facilities. As such, they are subjected to extreme wear and tear, tend to age more quickly than most other devices, and need to be repaired or replaced with greater frequency. Because the agency has no budget for radio replacements, TJJD uses a unit until it is irreparably damaged.7 Over time, TJJD’s 2 See DIR’s Prioritization of Cybersecurity and Legacy Systems (a.k.a. PCLS). 3 Early in the 2016-2017 biennium, TJJD attempted to update CCS to make it possible to track instances where youth have multiple, simultaneous state commitments. This update was intended to improve monitoring of treatment progress and length of stay requirements, and to enhance general external reporting capabilities. 4 The cost of the repair had been estimated at $0.2 million. TJJD had expended a little more than half of that before shifting focus toward stabilizing the system, and expended about $0.12 million on the project in total. 5 Research staff created a limited approximation of the prior data structure and routinely correct known errors in key data fields. This constructed data is used for monthly reports to the Legislative Budget Board (LBB), data provided to the LBB for projections, the agency’s daily population report, and performance measures. This was designed as a temporary fix specifically for key reporting variables, but is neither a comprehensive nor longterm solution. 6 As reflected in TJJD’s Legislative Appropriations Request for Fiscal Years 2018 and 2019, the agency previously estimated the cost of a new system at nearly $2.6 million. TJJD has since modified the scope of the project, and shifted plans from a custom-built application to an “off-the-shelf” product with customization. 7 When a radio fails, TJJD first attempts an in-house repair. If the damage is beyond the expertise of agency staff, the radio is sent out to be fixed. If this also fails, any usable parts are retained and the radio is retired. 73 stock of functional radios is gradually decreasing. The underlying infrastructure supporting facility radio communications is also outdated and considered “end of life.” TJJD requested just under $2.5 million during the 85th Legislature to fully replace both its current handheld devices and the supporting infrastructure, but that request was not approved. TJJD has an opportunity to purchase up to 353 radios at a discount of approximately 70 percent off of DIR contract pricing.8 The discount is being offered because the radios are a prior model that is being phased out. The devices will be immediately compatible with TJJD radio infrastructure, warrantied, and supported by the vendor. While no longer the current standard for the industry, purchasing these radios would inject new life into the current communications infrastructure, and would make a significant contribution to agency efforts to maintain facility safety. Following the purchase, TJJD’s radio communications capabilities would also become sustainable through the end of next biennium, removing the need to request exceptional funding for this item from the 86th Legislature. Method of Financing All necessary funding to support these two projects will come from existing appropriations, without compromising any element of agency operations or the specific areas from which funding is drawn. The majority (estimated $1.8 million over two years) has been identified from projected savings within TJJD’s capital budget, and the remainder (estimated $0.2 million) will be covered by salary savings realized as a lingering result of the recent statewide hiring freeze. Savings from within TJJD’s FY 2018-2019 capital budget appropriation will come from the infrastructure refresh project and from data center services. Under the infrastructure refresh project, the agency’s Information Resources department was able to negotiate significantly discounted network equipment pricing. Within that same project, actual costs for uninterruptible power supplies were less than expected, and TJJD obtained heavily reduced computer pricing through an expedited bulk purchasing arrangement. As a result of these three factors, TJJD projects savings of approximately $1.3 million within the infrastructure refresh project.9 Over the last several years, TJJD has made a concerted effort to reduce its “footprint” on DIR servers and its overall usage of data center services. These efforts have driven the agency’s data center expenses downward, and resulted in savings within that appropriation. TJJD’s Information Resources department currently projects available balances of about $0.5 million over the two years of the biennium. Together with the infrastructure refresh project, these existing capital budget appropriations will supply an estimated $1.8 million to support the current request. The remaining estimated $0.2 million needed has been identified from salary savings during the first part of FY 2018. The recent statewide hiring freeze ended August 31; however, processing time and competition with other potential employers has meant vacant positions could not be immediately filled. TJJD continues to see high turnover across the agency, with secure facilities being particularly affected. The agency is pursuing a number of turnover reduction measures; the present request will have no effect on those efforts. 8 The list price for the available 353 radios is $846,770. The DIR contract price for these same radios is $584,274, while the discounted offer from Harris to TJJD totals $177,821. 9 Appropriations for this project total $6,821,007. 74 Thank you for your consideration. If you have any questions or require additional information, please contact Mr. Mike Meyer, CFO, by email at Mike.Meyer@TJJD.texas.gov or by phone at (512) 4907657. Sincerely, Scott W. Fisher Chairman 75 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL TO REQUEST AUTHORITY TO EXCEED DISCRETIONARY TRANSFER LIMITATIONS On this the 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: where, among other matters, came up for consideration and adoption the following Resolution: WHEREAS, the General Appropriations Act for the 2018-2019 Biennium, Article IX, Section 14.03, requires that a request to exceed agency discretionary appropriation transfer limitations must be submitted by the agency’s governing board; and WHEREAS, staff has provided information demonstrating the need and justification to exceed said transfer limitations; the estimated amounts, sources, and destinations of the transfers; and other pertinent information; NOW, THEREFORE BE IT RESOLVED THAT the Board approves the Texas Juvenile Justice Department's Executive Director to submit a request to the Office of the Governor and the Legislative Budget Board to transfer appropriations to two additional capital budget items that were presented to, but not adopted by the 85th Legislature. The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 76 TR AN S FOR M IN G YOUN G L IVE S AND C R E AT IN G S A FE R C OMM UN IT IE S Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Kenneth Ming, Director of Business Operations and Contracts Jill Mata, General Counsel Subject: Discussion, consideration, and possible approval regarding extension of the Juvenile Case Management System (JCMS) Basic (JCMS.Basic) operation and maintenance contract (Action) Date: January 4, 2018 Pursuant to 37 TAC §385.1101(d)(1), any contract exceeding $500,000 must be presented to the Board for approval. The Texas Juvenile Justice Department (TJJD) has an existing contract with the Texas Conference of Urban Counties (CUC) related to the operation and maintenance of the Juvenile Case Management System. That contract was effective through December 31, 2017. The Board previously granted approval to the Executive Director to negotiate and enter into a two-year contract with a vendor selected through a competitive solicitation process and if necessary, enter into a 31-day extension of the contract with CUC in the event that a contract with the selected vendor was not executed by December 31, 2017. TJJD was unable to make an award from the proposals received that would be in the best interest of TJJD and instead exercised the 31-day extension the Board previously approved in order to present a new resolution to the Board. As a result of technical challenges discovered during the evaluation phase of the solicitation process, TJJD has decided additional work is required in developing more detailed technical specifications and a more thorough transition plan in the event the agency changes support vendors with the award of a future contract during a 2018 competitive solicitation process. In order to accomplish these goals TJJD staff respectfully requests Board approval to extend the current contract with CUC for 11 months through December 31, 2018. The not to exceed amount for the 11 month extension is $1,098,166.66. 77 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL OF RENEWAL CONTRACTS EXCEEDING $500,000 On this the 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: where, among other matters, came up for consideration and adoption the following Resolution: WHEREAS, the Board Governance Manual and 37 TAC §385.1101 require a majority of the Board to approve, in an open meeting, certain contracts with expected values exceeding $500,000; and WHEREAS, the Texas Juvenile Justice Department (TJJD) staff has provided specific information regarding its inability to make an award in the best interest of TJJD from the competitive Request for Offer solicitation process conducted; and WHEREAS, an approved 31-day contract extension, through January 31, 2018, was executed with the Texas Conference of Urban Counties (CUC) to ensure continued operation and maintenance of the JCMS.Basic while a new resolution is presented to the Board; NOW, THEREFORE BE IT RESOLVED THAT the Texas Juvenile Justice Board authorizes the Texas Juvenile Justice Department’s Executive Director to execute an 11 month extension, through December 31, 2018, of the current contract with CUC to allow TJJD staff time to refine the overall technical specifications and better define the transition plan in the event the agency changes support vendors as a result of a competitive solicitation process. The not to exceed amount for the 11 month extension will be $1,098,166.66. 78 The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 79 80 To: TJJD Board Members From: Camille Cain, Executive Director Louis Serrano, Senior Director of Probation and Community Services Subject: Discussion, consideration, and possible approval of appointments to the Advisory Council for Juvenile Services (Action) Date: January 5, 2018 Texas Human Resources Code §203.0081 establishes the Advisory Council on Juvenile Services (the Advisory Council). The statue requires the Texas Juvenile Justice Board (the Board) to appoint certain members of the Advisory Council, including two juvenile court judges, one representative of the county commissioner’s courts, and seven chief juvenile probation officers. The statute stipulates: The Board shall appoint to the Advisory Council one chief juvenile probation officer from each regional chiefs association in the state from a list of names submitted to the board by each regional chiefs association. To the greatest extent practicable, a regional chiefs association shall include in its list of nominees: • One chief juvenile probation officer of a juvenile probation department servicing a county with a population that includes fewer than 7,500 persons younger than 18 years of age (small); • One chief juvenile probation officer of a juvenile probation department servicing a county with a population that includes at least 7,500 but fewer than 80,000 persons younger than 18 years of age (medium); • One chief juvenile probation officer of a juvenile probation department servicing a county with a population that includes at least 80,000 persons younger than 18 years of age (large); Advisory Council members, other than ex officio members, serve staggered two-year terms, with the terms of one-half of the members, as nearly as practicable, expiring on February 1 of each year. On February 1, 2018, the following Advisory Council members will complete their terms: • The Honorable Mark Allen, Commissioners Court - Jasper County • Susan Humphrey, Chief Juvenile Probation Officer - Bell County – Central Texas Juvenile Chiefs Association. (medium) 81 • The Honorable Mario E. Ramirez, Jr., 332nd District Court – Hidalgo County • Doug Vance, Chief Juvenile Probation Officer – Brazos County – Southeast Texas Juvenile Chiefs Association. (medium) • Vacancy, Chief Juvenile Probation Officer – West Texas Juvenile Chiefs Association. The jurisdiction size of the remaining Advisory Council Chief Juvenile Probation Officer members is as follows: • Homer Flores, Chief Juvenile Probation Officer – Nueces County – South Texas Juvenile Chiefs Association. (medium) • The Honorable Larry Thorne, 317th District Court – Jefferson County • Shanna Floyd, Chief Juvenile Probation Officer – Childress County – Panhandle Juvenile Chiefs Association. (small) • Lynn Hadnot, Chief Juvenile Probation Officer – Collin County – North Texas Juvenile Chiefs Association. (large) • Phillip Hayes, Chief Juvenile Probation Officer – Cass County – Northeast Texas Juvenile Chiefs Association. (small) The regional chiefs associations have submitted for Board consideration the following individuals for appointment to the Advisory Council for terms to expire on February 1, 2020: Juvenile Court Judge The Honorable Mario E. Ramirez, Jr., 332nd District Court – Hidalgo County The Honorable E. Ray West, County Judge – Brown County Commissioners Court The Honorable Mark Allen, Commissioners Court – Jasper County 82 Chief Juvenile Probation Officers Susan Humphrey, Bell County, Central Texas Juvenile Chief’s Association (current member) Dr. Doug Vance, Brazos County, Southeast Texas Juvenile Chief’s Association (current member) Forest Hanna, Midland County, West Texas Juvenile Chief’s Association Sy Tabor, Grayson County, West Texas Juvenile Chief’s Association You are respectfully asked to fill current Advisory Council vacancies for: • • the juvenile judge position; four chief juvenile probation officer vacancies from the effected regional association categories. Please see attachments which include bios of all nominees. 83 Forest Hanna is the Chief Juvenile Probation Officer in Midland County and former Board Chair for the Midland County System of Care. He has over thirty years of experience working with youth and families as a teacher, coach, juvenile probation officer, and wilderness therapist. Forest has been the administrator of both private and county juvenile facilities as well as having held positions with both TJPC and TYC. He has served as the President of the West Texas Chiefs Regional Organization and as a Resource Training Officer for The Correctional Management Institute of Texas. He is a proud graduate of Kemp High School North Texas State University, and received his Master's in Education from Southern Illinois University. Contact Forest at juv101@co.midland.tx.us 84 SUSAN HUMPHREY CJ PO BELL COUNTY Susan Humphrey is the Chief Juvenile Probation Officer of Bell County, Texas where she serves as the Director ofJuvenile Services. With a Bachelor?s degree in Criminal Justice and a Master?s degree in Public Administration, she is in her fourth decade ofJuvenile Justice in Texas. This native Texan began her career in Wichita County in 1985 as a detention intern where her first job was to take detained kids outside for a ?smoke break'. Times have changed and so have her expanded job duties and her career path, which ultimately brought her to Austin to be a Federal Program Specialist for Title with the (then) Texas Juvenile Probation Commission, where she also had a special assignment which has now become the Special Needs Diversionary Program (SNDP) for the state. In 2001, she joined the management staff of Travis County Juvenile Probation where she oversaw Probation and Court operations; and, in 2011, accepted the position of Chief in Bell County. Bell County Juvenile Services has a staff of 125 people, operating both pre and post adjudication facilities as well as a JJAEP. Susan has served as past Vice President of the Central Texas Chiefs Association, where she remains an active member along with her membership in the Juvenile Justice Association of Texas (JJAT) where she serves on the Legislative Committee. Joining Advisory Council in 2016, she has served on the Council?s Standards Subcommittee for rewrites for TAC Chapters 344, 343, and 341, where she chaired the Case Management committee which saw a complete overhaul of case planning practices and standards. Recently named as the Vice Chair of the Advisory Council, Susan also now serves as vice-chair of the Council's newly convened sub?committee to review youth deaths while in confinement. Susan frequently trains across the state, helping colleagues with a variety of topics. Susan and her husband of almost 26 years, Kevin, currently reside in Cedar Park, TX. 85 Bio: Sy Tabor went to work in Law Enforcement in 1982 after graduating Cisco Jr. College and joined the Snyder Police Department where he worked as a police officer for 6 V2 years. Sy obtained his Bachelors of Arts Degree in Criminal Justice from the University of Texas Permian Basin (UTPB). Sy graduated with honors and was the UTPB Outstanding Graduate in Criminal Justice for 1988. 5y went to work for the Scurry County Adult Probation Department as an Adult Probation Officer in December of 1988. On December 1, 1991 he was appointed as Director of the Scurry County Adult Probation Department. Sy has now served over 26 years as the Director of the Scurry/ Borden County Community Supervision and Corrections Department (CSCD). Sy was appointed ChiefJuvenile Officer for the Scurry/ Borden County Juvenile Probation Department in September 1, 2002, and now has been serving dually as the Director of the Scurry County CSCD and as the ChiefJuvenile Officer Scurry/ Borden Counties for over 15 years. Sy has served as President of the West Texas Juvenile Chiefs Association in 2015. 5y served as a member of the 2015-16 TJJD Regionalization Task Force. Sy has been proponent offering access to treatment programs for rural probation departments, and jurisdictions. Sy as Director of Scurry County CSCD instituting, and operating two regional programs on for small, rural, Community Supervision and Corrections Departments, in West Texas/ Panhandle Area for approximately 20 years. Sy served on the Scurry County Boys and Girls Club Board of Directors, for over 15 years and was awarded the National Service to Youth Award on April 1, 2011, by the Boys Girls Club of America. Sy has been married 35 years to his high school sweetheart, Sue and he has two sons. Sy is a Baptist and a Deacon with Calvary Baptist Church Snyder, Texas. 86 Speaker Bio - Doug Vance, Dr. Vance has 24 years of experience working in Juvenile Justice, serving since 2005 as Executive Director for the Brazos County Juvenile Probation Department. Dr. Vance began his Juvenile Justice Career in Hunt County Texas where he held the title of Assistant Director. Dr. Vance also served for nine years as Superintendent of Juvenile Detention Services in Dallas County Texas. Dr. Vance has earned Bachelor?s Degrees in both and Secondary Education. He obtained a Master?s Degree in from East Texas State University and earned his Doctoral Degree in Counseling from Texas University?Commerce. Dr. Vance taught Criminal at the University level for several years serving as an Adjunct Professor in the Criminal Justice Department at Sam Houston State University. Dr. Vance is active in Juvenile Justice at the State level serving as Chair of the legislatively mandated Texas Juvenile Justice Department?s ?Advisory Council on Juvenile Services," and he is a long-time Board Member with the Texas Juvenile Detention Association. Dr. Vance remains actively involved in his local community serving on the Board of Directors of the Brazos Valley Council on Alcohol and Substance Abuse. He also serves as a volunteer with Crestview Senior Retirement Center and he hosts a weekly talk radio show on KEOS radio. in his spare time Dr. Vance coaches little league football for the City of College Station. 87 Mark Allen is currently serving his third term as the County Judge of Jasper County, Texas. Judge Allen performs a wide spectrum of duties including presiding over Probate Court, Civil Court Misdemeanor Criminal Court. He also has jurisdiction over Juvenile, Mental Health and Occupational Driving License Hearings, and is also involved in issuing arrest and search warrants for local law enforcement agencies. Judge Allen is also a member of the Jasper County Commissioners Court, which sets budgets and policies, and governs Jasper County?s overall operation. He also acts as the liaison with other governmental bodies ranging from city to federal governments, and is the statutory Director of Emergency Management in Jasper County. Mark was born and raised in East Texas, and grew up on the family farm in the Pine Grove Community of Newton County. His father was a butcher in Newton, and his mother taught school at Bleakwood Elementary for Newton He has a Bachelor of Arts Degree in Law Enforcement Administration, and also has an Associates Degree in Criminal Justice, and has completed his Commissioners Court Advanced Certi?cation, sponsored by the Texas Association of Counties and the LBJ School of Public Affairs University of Texas at Austin. Mark is also a graduate of the Texas University V.G. Young Institute of County Government?s Commissioners Court Leadership Academy. Mark currently holds a Master Peace Of?cer License with over 6,400 hours of law enforcement and criminal justice training through the Texas Commission on Law Enforcement Officer Standards and Education. He also holds a Jailer License, Special Investigator Certification and a Police Instructor Certi?cation, and has previously taught police cadets for the Angelina Community College Police Academy as an interim 88 instructor, specializing in the Texas Code of Criminal Procedure, Texas Penal Code and laws governing arrest, search and seizure. Judge Allen is a veteran of the United States Air Force, having served two tours overseas, and one tour stateside performing military police duties. Upon honorably fulfilling his military commitments, Mark Allen graduated from the Lamar University Regional Police Academy in 1995, and was employed in his first civilian law enforcement role by the Jefferson County Sheriff?s Department in 1996. Mark Allen was then hired in 1998 by the Jasper County Sheriff?s Of?ce, and became a Deputy Sheriff with primary patrol duties in the southern portion of Jasper County. Mark was later promoted to Patrol Sergeant, where he supervised uniformed patrol deputies throughout Jasper County, until becoming a Criminal Investigator with the Jasper County District Attomey?s Office in 2003. On top of his other duties, Mark Allen was also a Deputy Emergency Management Coordinator for Jasper, Newton and Sabine Counties from 2002 through 2006. During this time, Mark has also been a member of the command staff coordinating response to several disasters in Jasper, Newton and Sabine Counties including being assigned to the position of Logistics Chief during the Space Shuttle Columbia crash recovery in Sabine County, Texas in 2003, Incident Co-Commander during the Hurricane Katrina Sheltering Operation in Newton County, Texas in 2005, and as Logistics Chief during the Hurricane Rita response and recovery operation in 2005 In addition to these events, Mark was involved in response and recovery operations for numerous events including tornados, floods, hurricane evacuations, and wild fires. He has continued in this role as the County Judge, and was the Director of Emergency Management during Hurricane Ike in 2008 and Hurricane Harvey in 2015. Mark Allen was most recently recognized by the twelve counties within the Deep East Texas Council of Governments region with the 2017 Ralph W. Steen East Texan of the Year Award. Mark Allen has lived in the Cairo Springs community near Buna since 1998, and is a member of Genesis Baptist Church, also in Cairo Springs. He is married to Kate Allen, and they are raising four children, Aleksander, Brooke, Katherine and Elizabeth. Aleksander and Brooke are currently attending Lamar University in Beaumont, and Katherine is now in the First Grade at Buna Elementary School. Mark has devoted the majority of his life to public service, and is honored that the citizens of Jasper County have placed their trust in him to serve them as their County Judge, and feels that he can only repay this trust through continued dedication to duty, honor and service to God and his fellow man. 89 Mark Allen?s Service on Boards Committees: - Texas State Juvenile Justice Department Advisory Council (2014 - Present) - Deep East Texas Commissioners County Judges Association (2007 - Present) -- President (2014 2016) -- Immediate Past President (2016-Present) - Deep East Texas Council of Governments - (2007 - Present) -- Executive Board (201 1 - 2016) President (201 1- 2013) Immediate Past President (2013 - 2016) Budget Executive Committee - (201 1 - 2016) Regional Transportation Committee -- Emergency Preparedness Task Force -- Timber Task Force -- Grants Application Review Committee -- Regional Economic Development Committee -- Regional Education Committee Regional Hurricane Disaster Recovery Advisory Committee (Chairman - 2013 - Present) -- Deep East Texas Regional Planning Organization -- Regional Housing Committee - Jasper-Newton Counties Public Health District (2007-Present) Vice Chairman (2007 2013, 2015- Present) Treasurer (2013 - 2015) - Texas Association of Regional Councils (2012 - Present) -- Budget Bylaws Committee (2012 Present) -- Emergency Preparedness Committee (Vice-Chair 2015 Present) - Local Rural East Texas Health Network Mental Health Advisory Board (2007 - Present) -- Chairman (2010 - Present) - Regional Rural East Texas Health Network Mental Health Advisory Board (2009- Present) -- Chairman (2017 Present) Jasper County Bail Bond Board (2007-Present) -- Chairman (2011) 90 - Judicial District Community Supervision Board (2007 - Present) - WestRock Citizens Advisory Panel (2007 - Present) - East Texas Mutual Aid Association Board of Directors (2013 - Present) - Jasper County Bell Field Airport Advisory Committee Appointment Authority (2007 - Present) - Interstate 190/Gulf Coast Strategic Highway Coalition Board of Directors (2013 - Present) - Southeast Texas Resource Conservation Development, Inc. Board (2007 - Present) 91 MARIO E. RAMIREZ, JR. 708 W. Water Lily Ave. McAIlen. TX 78504 956/630-5930 meramirezjr@yahoo.com Employment History State District Judge . 1983-Present 332"d District Court. Edinburg. Hidalgo County. Texas State District Judge 1981-1982 93rd District Court. Edinburg. Hidalgo County. Texas County Court at Law Judge 1980-1981 County Court at Law Edinburg. Hidalgo County. Texas Assistant Municipal Court Judge 1976-1980 City of McAIlen, Hidalgo County. Texas Attorney for PSJA I.S.D. Solo practice. McAllen. Hidalgo County. Texas Attorney for Department of Public Welfare 1975-1976 Education 1972-1974 St. Mary's University, San Antonio. Texas - JD. Degree 1968-1972 University of Notre Dame. South Bend. Indiana - BA. Degree 1964-1968 Rio Grande City High School. Rio Grande City. Texas . High School Diploma American Bar Association Hidalgo County Bar Association State Bar of Texas-Judicial Section Notre Dame Alumni Association St. Mary's Alumni Association Honors, Recognitions, Awards Feb 1. 2016 Voted Local Administrative Presiding Judge. Hidalgo County Board of Judges 2005-2007 Past Local Administrative Presiding Judge. Hidalgo County Board of Judges Director. Hidalgo County Bar Association from 1980-1982 President. Hidalgo County Bar Association from 1990-1991 92 Past Director-Mental Health Association in Texas Overseer. Hidalgo County Juvenile Probation Department-1982?Present Board of Directors, State Bar of Texas-Judicial Section Committee Member-Legal Services to the Poor in Civil Matters Committee Committee Member-Task Force To Ensure Judicial Readiness in Times of Emergency Committee Member-5m Administrative Judicial Region-Death Penalty Quali?ed Attorneys Selection Committee Awarded Texas Senate Resolution #255 on 2/27/03 in honor of 20"? anniversary of service to the citizens of the State of Texas Awarded Hidalgo County Commissioners Court Resolution on 2/25/03 in honor of 20 years of judicial service to the citizens of Hidalgo County. Texas March, 2008 Dedication of the Judge Man'o E. Ramirez. Jr. Juvenile Justice Center (formerly known as the Hidalgo County Juvenile Probation Department) Committee Member-Advisory Council on Juvenile Services-Texas Juvenile Justice Dept. Fellow of the Texas Bar Foundation-2011-2012 Personal Information Married to Noelia Ramirez 3 Children: Melissa Ramirez-Sileo; Attorney at Law-Austin. TX Rebecca Ramirez-Director of the Hope Family Medical Clinic?McAllen. TX Mario Eduardo Ramirez-Attending St. Mary's Law School-San Antonio. TX 2 Grand Daughters-Lucy Isabella Sileo 8. Audrey Olivia Sileo 93 PERSONAL E. RAY WEST, Brown County Judge Born: May 25, 1954, Fort Worth, Texas Married: Jane Freeland West, CPA Children: Bryan Matthew West Lori Dianne Russell Member Austin Avenue Church of Christ, Brownwood, Texas Hobbies: Golf, Guitar, Hunting EDUCATION 1972 Graduate 1 975 Graduate 1 978 Graduate Brownwood High School Tarleton State University, Stephenville, Texas BA. History, Economics, English with honors Texas Tech University School of Law, Lubbock, Texas J. D. WORK HISTORY June 1977 January 1978 Student Contributing Writer Texas Bank Lawyer August 1978 ?November 1980 Lumkin, Watson, Barres Reavis, Amarillo, Texas Staff Attorney?Civil/Commercial Litigation November 1980 Present Massey Shaw/Massey, Shaw and West/Massey West January 1992 Present Brownwood. Texas Brown County Judge Juvenile, Probate, Guardianship, Mental and Civil Dockets ASSOCIATIONS AND ORGANIZATIONS 1984?1990 1978-Present 1978?1980 I 980?Present 1997-2002 2006-2013 2008-2013 Brownwood Chamber of Commerce; Contact Club Texas Bar Association Potter County Bar Association Browo County Bar Association Texas Guardianship Alliance (Board Member-Appointed by Gov. George Bush) Texas Juvenile Probation Commission Board Member(Appt by Gov. Rick Perry) Chairman of the Board for Texas Juvenile Probation Commission 94 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL OF APPOINTMENTS TO THE ADVISORY COUNCIL ON JUVENILE SERVICES On this 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: Where, among other matters, came up for consideration and adoption the following Resolution: WHEREAS, Human Resources Code 203.0081 established the TJJD advisory council on juvenile services that consist of the executive director of the department or the executive director’s designee; the director of probation services of the department or the director’s designee; the senior director of state facilities and programs or the senior director’s designee; the executive commissioner of the Health and Human Services Commission or the commissioner’s designee; two juvenile court judges appointed by the board; one representative of county commissioners court appointed by the board; and seven chief juvenile probation officers appointed by the board as provided by Subsection (b); and WHEREAS, advisory council members, other than ex officio members, serve staggered two–year terms, with the terms of one–half of the members, as nearly as practicable, expiring on February 1 of each year; and WHEREAS, the board shall appoint to the advisory council one chief juvenile probation officer from each regional chiefs association in the state from a list of names submitted to the board by each regional chiefs association. To the greatest extent practicable, a regional chiefs association shall include in its list of nominees: One chief juvenile probation officer of a juvenile probation department servicing a county with a population that includes fewer than 7,500 persons younger than 18 years of age; One chief juvenile probation officer of a juvenile probation department servicing a county with a population that includes at least 7,500 but fewer than 80,000 persons younger than 18 years of age; 95 One chief juvenile probation officer of a juvenile probation department servicing a county with a population that includes at least 80,000 persons younger than 18 years of age; and WHEREAS, the following Advisory Council Members are scheduled to complete their terms on February 1, 2018: The Honorable Mark Allen, Commissioners Court, The Honorable Mario E. Ramirez – 332nd District Court; Chief Juvenile Probation Officers–Susan Humphrey , Dr. Doug Vance, and one vacant position. WHEREAS, nominations have been solicited from the Regional Chief’s Probation Associations to bring forward to TJJD Board members; The Honorable Mark Allen – Commissioners Court – Jasper County The Honorable Mario E. Ramirez – 332nd District County – Hidalgo County The Honorable E. Ray West – County Judge – Brown County Susan Humphrey – Chief Juvenile Probation Officer – Bell County – Central Texas Juvenile Chief’s Association representing a medium jurisdiction Dr. Doug Vance – Chief Juvenile Probation Officer – Brazos County – Southeast Texas Juvenile Chief’s Association representing a medium jurisdiction Forest Hanna – Chief Juvenile Probation Officer – Midland County – West Texas Juvenile Chief’s Association representing a medium jurisdiction Sy Tabor – Chief Juvenile Probation Officer – Scurry County – West Texas Juvenile Chief’s Association representing a small jurisdiction 96 NOW, THEREFORE BE IT RESOLVED THAT the Texas Juvenile Justice Board hereby makes, subject to the qualifications, terms and other applicable provisions contained in Section 223.0081 of the Human Resources Code, the following appointments to the Advisory Council on Juvenile Services: Juvenile Court Judge Commissioners Court Central Texas Juvenile Chief’s Association Southeast Texas Juvenile Chief’s Association West Texas Juvenile Chief’s Association The foregoing Resolution was lawfully moved, duly seconded and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 97 98 124 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Rebecca Walters, Sr. Director of Youth Placement, Reentry, and Program Development Subject: Discussion, consideration, and possible final adoption of revisions to 37 TAC §380.8583, relating to Financial Support for Reentry (Action) Date: January 4, 2018 At the August 2017 Board meeting, the Youth Placement, Reentry, and Program Development Division proposed changes to 37 TAC §380.8583 (Financial Support for Reentry). The Board approved posting the revisions in the Texas Register for a 30-day public comment period. The Board also granted conditional approval to adopt the final rule text, subject to certain requirements that were specified in the accompanying resolution. The comment period has ended, and TJJD did not receive any public comments. However, the staff has recommended the following additional change: • Clarification that financial reentry support is available to youth in medium-restriction facilities (rather than halfway houses). The staff believes this change exceeds the limitations set by the August 2017 resolution. As a result, the staff is seeking Board approval to adopt the final rule text, including the additional revision noted above. Attached to this memo please find: • a copy of the final rule text, with markups to show the additional change described above; and • a resolution for Board action. A summary of the changes is presented on the second page of this memo. 125 §380.8583 Financial Support for Reentry Summary of Key Changes • Changed the purpose and title of the rule to focus on promotion of successful community reentry rather than on self-sufficiency. • Added that youth in medium-restriction facilities (in addition to youth on parole status) may receive financial support. • Removed the following eligibility criteria for youth to receive any type of financial support other than a housing rent subsidy: o complete a specified number of hours of community service; o complete a specified number of months of employment or school attendance; and o sign an agreement with TJJD. • Added structured leisure time activity to the list of allowable expenses. • Added that expenses other than those listed in the rule may be eligible for financial reentry support. • Added a requirement for the youth to complete a request form in order to receive financial reentry support. The request must show how the financial need is directly related to the youth's community reintegration plan. • Removed the requirement for a youth to be placed on the highest level of parole supervision for the entire time he/she receives a housing rent subsidy. • Removed the prohibition on youth who are required to register as sex offenders from being eligible to receive financial reentry support for on-campus college housing. • Added that the division director over parole services or his/her designee is the approval authority for requests for financial reentry support. • Clarified that financial reentry support may not be expended (rather than used for expenses that are incurred) after a youth's discharge from TJJD. • Added that the executive director or designee (rather than the division director over the subsidized living support program) may make exceptions to this rule on a case-by-case basis. 126 Texas Juvenile Justice Department GAP.380.8583 General Administrative Policy Manual Chapter: Rules for State-Operated Programs and Facilities Subchapter: Admission, Placement, Release, and Discharge Division: Parole Placement and Discharge Rule: Financial Support for Reentry Statutes: N/A Effective Date: Page: 1 of 2 Replaces: GAP.380.8583, 10/15/14 Draft 12/8/17 RULE (a) Purpose. This rule promotes successful community reentry by providing limited, targeted financial support to eligible youth. (b) Definitions. For definitions of certain terms used in this rule, see §380.8501 of this title. (c) Eligibility Criteria. (1) To qualify for financial reentry support, the youth must: (A) be assigned to parole status or be placed in a medium-restriction facilityhalfway house; and (B) have an identified financial need that: (i) (ii) (2) To qualify for a housing rent subsidy, a youth must meet the following criteria in addition to the criteria in paragraph (1) of this subsection: (A) (B) (C) (D) (E) (F) (G) (3) (d) cannot be met using the youth's student trust fund or other resources available to the youth; and is directly related to the youth's community reintegration plan. be assigned to parole status; complete an independent living preparation curriculum approved by TJJD; complete the number of hours of community service specified by TJJD; complete the number of months of employment or school attendance specified by TJJD; sign a subsidized living support agreement; be at least 18 years of age; and have enough personal savings to pay all necessary deposits and the first month's rent. A housing rent subsidy may be provided only if TJJD has determined it is in the youth's best interest to be placed in an unsupervised home location. Requests and Approvals. To receive financial reentry support, a youth must: (e) (1) complete and submit the appropriate request form, which must show how the financial need is directly related to the youth's community reintegration plan; and (2) receive approval from the division director over parole services or designee. Limitations. (1) The provision of financial reentry support is contingent on the availability of funds. 127 Financial Support for Reentry (2) TJJD may terminate a youth's financial reentry support due to a youth's failure to abide by: (A) (B) (g) his/her conditions of parole or conditions of placement; or the terms of the subsidized living support agreement, if applicable. (3) A housing rent subsidy may not be provided for longer than six months. (4) Financial reentry support may not be expended after a youth is discharged from TJJD's jurisdiction. (5) Financial reentry support may be provided for expenses including, but not limited to: (A) (B) (C) (D) (E) (F) (G) (H) (I) (f) GAP.380.8583 Page 2 of 2 rent; electric service; household goods; food; public transportation passes; employment-related clothing; college expenses, such as tuition, books, and room and board; technical school or training expenses, such as tuition and tools; and structured leisure time activities. Program Requirements for Youth Receiving a Housing Rent Subsidy. (1) A youth's parole officer has access to the youth's living quarters in accordance with the terms of the subsidized living support agreement. (2) The youth's personal property will be disposed of in accordance with the terms of the subsidized living support agreement if the youth's parole is revoked or if the property is lost, damaged, or abandoned. Individual Exceptions. The executive director or designee may make exceptions to provisions of this rule on a case-by-case basis, taking into consideration a youth's reintegration needs and public safety. See CMS.03.80 and CMS.03.83 for implementation procedures. 128 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL TO ADOPT REVISIONS WITHIN 37 TAC §380.8583, RELATING TO FINANCIAL SUPPORT FOR REENTRY On this 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: Where, among other matters, came up for consideration and adoption the following Resolution: WHEREAS, Human Resources Code §242.003 requires the Board to adopt rules appropriate to properly accomplish TJJD’s functions and to adopt rules for governing TJJD schools, facilities, and programs; and WHEREAS, Human Resources Code §242.059 authorizes TJJD to establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and WHEREAS, Human Resources Code §245.001 authorizes TJJD to employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee’s adjustment to society in accordance with the rules adopted by the Board; and WHEREAS, the Board previously approved the publication of proposed revisions within §380.8583 in the Texas Register for a 30-day public comment period; and WHEREAS, the Board previously granted approval to adopt the final rule text after the comment period has ended if (1) no public comments are received; (2) any additional revisions to the rule text are limited to technical, stylistic, or grammar changes or corrections of typographical errors; and (3) the Board has not otherwise directed that final adoption must occur in a subsequent Board meeting; and WHEREAS, no comments were received but the staff has recommended an additional revision that is not limited to technical, stylistic, or grammar changes or corrections of typographical errors; NOW, THEREFORE BE IT RESOLVED THAT the Board authorizes the adoption of the revisions within §380.8583 as proposed, with the additional revision as noted. 129 The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 130 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Rebecca Walters, Senior Director of Youth Placement, Reentry, and Program Development Subject: Discussion, consideration, and possible approval to publish revisions to 37 TAC §380.8595 (Parole Completion and Discharge) in the Texas Register for a 30-day public comment period and possible conditional approval to adopt the final rule (Action) Date: January 17, 2018 The Youth Placement, Reentry, and Program Development Division is proposing changes to TAC §380.8595 (Parole Completion and Discharge). The staff requests the board's approval to publish the proposed revisions in the Texas Register for a 30-day public comment period. The staff also requests the board's approval to adopt the final rule after the public comment period has ended, but only if the conditions listed in the accompanying resolution are met. Attached to this memo please find: • the text of the rule, including the proposed changes shown as mark-ups; and • a resolution for board action. §380.8595 Parole Completion and Discharge Summary of Contents This rule establishes the criteria for discharging non-sentenced offenders from TJJD jurisdiction. Summary of Key Change • Added that a youth may qualify for discharge upon completion of 60 hours of approved community service while on parole status or while assigned to a medium-restriction facility. 131 Texas Juvenile Justice Department GAP.380.8595 General Administrative Policy Manual Draft 12/15/17 Chapter: Rules for State-Operated Programs and Facilities Subchapter: Admission, Placement, Release, and Discharge Division: Discharge Rule: Parole Completion and Discharge Statutes: Human Resources Code §244.005, §245.001 Effective Date: [8/15/17] Page: 1 of 3 Replaces: GAP.380.8595, 8/15/17 [4/1/14] RULE (a) Purpose. This rule establishes criteria for discharging certain youth from the jurisdiction of the Texas Juvenile Justice Department (TJJD). (b) Applicability. This rule applies only to non-sentenced offenders. Refer to §380.8565 of this title for information relating to discharging sentenced offenders. (c) Discharge Criteria. (1) Discharge Due to Successful Completion of Parole. (A) Youth may qualify for discharge upon completion of the following criteria: (i) (B) (2) successful completion of the following amount of time on the minimum level of parole supervision (or equivalent, if on parole in another state): (I) 90 calendar days for a youth with a committing or revocation offense of high severity; or (II) 30 calendar days for all other youth; and (ii) compliance with the youth’s conditions of parole or conditions of [/] placement; (iii) no unresolved [pending] criminal charges or delinquency petitions or referrals; (iv) completion of 60 hours of approved community service while on parole status or while assigned to a medium-restriction facility; and (v) completion of 40 hours of approved constructive activities each week for the four consecutive weeks immediately prior to the discharge date. Constructive activity includes, but is not limited to, time spent working, attending school, attending treatment or counseling, completing community service, actively searching for employment, and/or providing direct supervision to a child. The executive director or designee may approve the discharge of a youth who has not yet completed the requirements in subparagraph (A) of this paragraph when consideration of the youth’s committing offense, behavior, history, and progress toward completion of parole/placement conditions justifies an earlier discharge. Direct Discharge from Residential Facility by Release Review Panel. Pursuant to §380.8557 of this title, the Release Review Panel may discharge a youth directly from a residential facility if it determines: (A) the youth is no longer in need of rehabilitation; or 132 Parole Completion and Discharge (B) (3) TJJD is no longer the most suitable location to provide the needed rehabilitation. Discharge Due to Age. (A) Any youth who has not previously been discharged due to successful completion of parole or by the Release Review Panel is discharged on: (i) (ii) (B) (5) the day before the 19th birthday, if the youth is assigned to a residential facility; or the last working day prior to the 19th birthday, if the youth is assigned to a nonresidential placement. A youth on parole status who is discharged due to age is considered to have successfully completed parole if the youth: (i) (ii) (iii) (4) GAP.380.8595 Page 2 of 3 is not in jail or on abscond status; has no unresolved [pending] criminal charges or delinquency petitions or referrals; and has substantially complied with all parole requirements. Discharge Due to Special Circumstances. (A) Youth may be discharged prior to completion of parole requirements to enlist in the military. Only the executive director may approve such a discharge. (B) In addition to other discharge criteria listed in this rule, a youth placed out of state may be discharged when the youth is adjudicated by a juvenile court or convicted by a criminal court in the placement state. (C) Youth who have completed length-of-stay requirements and who are unable to progress in the agency’s rehabilitation program because of mental illness or intellectual disability must be discharged as specified in §380.8779 of this title. (D) Youth who are age 18 or older may be discharged prior to completion of parole requirements in order to obtain appropriate services. Only the executive director or designee may approve such a discharge. (E) Upon approval from the executive director or designee, youth may be discharged for special circumstances other than those addressed in subparagraphs (A) - (D) of this paragraph. Other Types of Discharges. TJJD discharges a youth when: (A) the youth is sentenced for a minimum of 180 days in a state or county jail as part of the disposition of a criminal case; (B) the youth is placed on actively supervised adult probation for conduct that occurred while on TJJD parole status; (C) the youth is placed on actively supervised adult probation for conduct that occurred while the youth was in a TJJD or contract residential facility and not on parole status and the youth spent at least 180 days in county jail awaiting the disposition; (D) the court orders a reversal of the commitment; (E) records are closed following the youth’s death; or (F) the youth is sentenced to the Texas Department of Criminal Justice – Correctional Institutions Division. 133 Parole Completion and Discharge (d) GAP.380.8595 Page 3 of 3 Notification. (1) TJJD immediately notifies the youth of the discharge and provides the youth and the parent/guardian a written explanation of procedures for sealing records. (2) TJJD notifies the following at least ten calendar days before the youth’s discharge or as soon as practicable: (A) the committing juvenile court; (B) the prosecuting attorney; (C) the youth’s parole officer, if the youth is not on parole status at a home location at the time of discharge; (D) the chief juvenile probation officer for the county in which the youth will be living after discharge if that county is different than the one that committed the youth; and (E) any entity that has issued an active warrant for the youth. For discharge and notification procedures, see CMS.02.63, CMS.02.65, and CMS.12.21. 134 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL TO PUBLISH PROPOSED REVISIONS TO 37 TAC §380.8595 (PAROLE COMPLETION AND DISCHARGE) IN THE TEXAS REGISTER FOR A 30-DAY PUBLIC COMMENT PERIOD AND FOR CONDITIONAL APPROVAL TO ADOPT THE FINAL RULE On this 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: WHERE, among other matters, came up for consideration and adoption the following Resolution: WHEREAS, Human Resources Code §242.003 requires the Board to adopt rules appropriate to properly accomplish TJJD’s functions and to adopt rules for governing TJJD schools, facilities, and programs; and WHEREAS, Human Resources Code §245.001 authorizes TJJD to employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee’s adjustment to society in accordance with the rules adopted by the Board; and WHEREAS, the staff has proposed changes to §380.8595; and WHEREAS, Government Code §2001.023 and §2001.029 require a state agency to give at least 30 days’ notice of its intention to adopt a rule and to allow all interested persons a reasonable opportunity to submit data, views, or arguments orally or in writing; NOW, THEREFORE BE IT RESOLVED THAT for the above-referenced rule, the Board grants approval to publish the proposed revisions in the Texas Register for a 30-day public comment period; and BE IT FURTHER RESOLVED THAT for the above-referenced rule, the Board grants approval to adopt the final rule text after the comment period has ended if: (1) no public comments are received; (2) any additional revisions to the rule text are limited to technical, stylistic, or grammar changes or corrections of typographical errors; and (3) the board has not otherwise directed that final adoption must occur in a subsequent board meeting. The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 135 136 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Kaci Singer, Staff Attorney and Policy Supervisor Subject: Discussion, consideration, and possible recommendation for final adoption of new 37 TAC Chapter 353 (Substance Abuse Treatment Programs) (Action) Date: January 12, 2018 At the October 2017 Board meeting, the Office of General Counsel proposed new TAC Chapter 353, relating to Substance Abuse Treatment Programs. The Board approved posting the proposed chapter in the Texas Register for a 30-day public comment period. The Board also granted conditional approval to adopt the final chapter, subject to certain requirements that were specified in the accompanying resolution. The comment period has ended. TJJD received comments from the Coalition for Nurses in Advanced Practice. As a result of those comments, the TJJD staff is recommending the following changes to the proposed text: • In §353.101, changing the defined term from "Advanced Practice Nurse Practitioner" to "Advanced Practice Registered Nurse (APRN)" and specifying that, for purposes of this chapter, this term includes only nurse practitioners and clinical nurse specialists. • In §353.101, removing text that specifies who is qualified to make a diagnosis of AIDS. • In §353.101, adding the correct terms and acronyms for advanced practice registered nurses who specialize in mental health disciplines [i.e., psychiatric-mental health clinical nurse specialist (PMHCNS) and psychiatric-mental health nurse practitioner (PMHNP)]. • In §353.217, clarifying that certain practitioners other than physicians are also able to prescribe mood-altering medications. 137 • In §353.801, clarifying that clinical nurse specialists may conduct the pre-admission screening for a detoxification program. In addition, clarifying that physician assistants and advanced practice registered nurses are authorized to supervise the pre-admission screening when it is conducted by a licensed vocational nurse. • In §353.902, clarifying that physician assistants and advanced practice registered nurses are authorized to determine that an admission to a detoxification program is not appropriate. Because TJJD received public comments and substantive changes have been recommended, the Board's requirements for conditional approval have not been met. Therefore, the staff is now seeking Board approval for: • • TJJD's responses to the public comments; and adoption of the final rule text, including the revisions noted above. Attached to this memo please find: • • • • a summary of the public comments and TJJD's proposed responses; the letter containing the full text of the public comments; the final rule text, with markups to show the changes noted above; and a resolution for Board action. For reference, a summary of the contents of the new chapter and the reason for creating this chapter are provided below. 37 TAC Chapter 353 Substance Abuse Treatment Programs • This chapter has been developed to comply with SB 1314 (85th Legislature), which requires TJJD to adopt minimum standards for juvenile justice facilities and programs that offer substance abuse treatment. This new chapter will replace the emergency rule currently in effect. The text of the new chapter is taken primarily from rules adopted by the Department of State Health Services (DSHS), which was responsible for licensing and regulating these programs prior to September 1, 2017. Generally, the new chapter should not require programs operating under DSHS rules to change their policies, procedures, or operations, with limited exceptions related to reporting information to TJJD rather than to DSHS. • These new rules are not intended to be permanent standards. They will serve as a bridge between the emergency rule and a completely new set of standards that TJJD will develop in the future in collaboration with stakeholders. 138 Texas Administrative Code Title 37 Part 11 Public Safety and Corrections Texas Juvenile Justice Department Chapter 353 Substance Abuse Treatment Programs Draft 12/21/17 Subchapter A. Definitions and General Provisions Subchapter F. Personnel Practices and Development §353.101 Definitions §353.102 Purpose §353.601 Hiring Practices §353.103 Scope of Rule §353.602 Students and Volunteers §353.104 Program Approval and Registration §353.603 Training §353.105 Change in Status §353.106 Inspection §353.107 Waiver or Variance to Standards Subchapter G. Client Rights Subchapter B. Standard of Care Applicable to all Providers §353.701 Client Bill of Rights §353.704 Program Rules Subchapter H. Screening and Assessment General Standard §353.801 Screening §353.202 Scope of Practice §353.802 §353.203 Competence and Due Care Admission Authorization and Consent to Treatment §353.204 Appropriate Services §353.803 Assessment §353.205 Accuracy §353.804 Treatment, Planning, Implementation, and Review §353.206 Documentation §353.805 Discharge §353.207 Discrimination §353.208 Access to Services §353.209 Location §353.210 Confidentiality §353.211 Environment §353.212 Communications §353.213 Exploitation §353.214 Duty to Report §353.216 Ethics §353.217 Specific Acts Prohibited §353.218 Standards of Conduct §353.201 Subchapter I. Treatment Program Services Subchapter E. Substance Abuse Program Requirements §353.502 Operational Plan, Policies, And Procedures §353.503 Reporting Measures §353.504 Quality Management §353.507 General Documentation Requirements §353.508 Client Records §353.901 Requirements Applicable to All Treatment Services §353.902 Requirements Applicable to Detoxification Services §353.903 Requirements Applicable to Residential Services §353.904 Requirements for Outpatient Treatment Services §353.905 Additional Requirements for Adolescent Programs §353.906 Access to Services for Co-Occurring Psychiatric and Substance Use Disorders (COPSD) Clients §353.907 Additional Requirements for COPSD Programs §353.908 Specialty Competencies for COPSD Programs §353.909 Treatment Planning of Services to Clients with COPSD 37 TAC Chapter 353 139 37 TAC Chapter 353 Subchapter A Definitions and General Provisions §353.101 Definitions Effective Date: The following words and terms have the following meanings when used in this chapter unless the context clearly indicates otherwise. (1) Advanced Practice Registered Nurse Practitioner--A registered nurse currently licensed in Texas who is approved by the Texas Board of Nursing to practice as a nurse practitioner or clinical nurse specialist. engage in advanced practice. (2) Assessment--An ongoing process through which the counselor collaborates with the client and others to gather and interpret information necessary for developing and revising a treatment plan and evaluating client progress toward achievement of goals identified in the treatment plan, resulting in comprehensive identification of the client's strengths, weaknesses, and problems/needs. (3) ATOD--Alcohol, tobacco, and other drugs collectively. (4) Authorized Representative--An attorney authorized to practice law in the State of Texas or, if authorized by applicable law, a person designated in writing by a party to represent the party. (5) Behavioral Health Integrated Provider System (BHIPS)--The Department of State Health Services' Internet-based computer system for contracted service providers that offers contractors the tools to meet state and federal requirements for reporting, including capturing required client and billing data. (6) Chemical Dependency--In addition to the statutory provisions defining chemical dependency as abuse of, dependence on, or addiction to alcohol or a controlled substance (as defined by Chapter 481, Health and Safety Code, and related statutory provisions in Chapters 461 and 464, Health and Safety Code), chemical dependency is also defined as substance-related disorders, as that term is used in the most recent published edition of the Diagnostic and Statistical Manual of Mental Disorders (See DSM). (7) Chemical Dependency Counseling--See Practice of Chemical Dependency Counseling Services. (8) Chemical Dependency Counselor--See Licensed Chemical Dependency Counselor (LCDC). (9) Chemical Dependency Counselor Intern--A person registered with the Department of State Health Services who is pursuing a course of training in chemical dependency counseling at a registered clinical training institution. (10) Chemical Dependency Treatment--A planned, structured, and organized chemical dependency program designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs. It includes, but is not limited to, the application of planned procedures to identify and change patterns of behavior related to or resulting from substance-related disorders that are maladaptive, destructive, or injurious to health, or to restore appropriate levels of physical, psychological, or social functioning. (11) Client--An individual who receives or has received services, including admission authorization or assessment or referral, from a chemical dependency treatment provider, counselor, counselor intern, or applicant for licensure as a counselor or from an organization where the counselor, intern, or applicant is working on a paid or voluntary basis. (12) Clinical Training Institution--An individual or legal entity registered with the Department of State Health Services to supervise a counselor intern. (13) Consenter--The individual legally responsible for giving informed consent for a client. Unless otherwise provided by law, a legally competent adult is his or her own consenter and the consenter for an adolescent or child is the parent, guardian, or conservator. Texas law allows a person 16 or 17 years of age to consent to his or her own treatment. 37 TAC Chapter 353 140 37 TAC Chapter 353 (14) Counseling--A collaborative process that facilitates the client's progress toward mutually determined treatment goals and objectives. Counseling includes methods that are sensitive to individual client characteristics and to the influence of significant others, as well as the client's cultural and social context. Competence in counseling is built upon the understanding of, appreciation of, and ability to appropriately use the modalities of care for individuals, groups, families, couples, and significant others. (15) Counselor--A qualified credentialed counselor, graduate, or counselor intern working towards licensure that would qualify them to be a qualified credentialed counselor (QCC). (16) Crisis Intervention--Actions designed to intervene in situations that require immediate attention to avert potential harm to self or others. Services include face-to-face individual, family, or group interviews/interactions and/or telephone contacts to identify needs. (17) Digital Authentication Key--Identification data (that includes user identification and a time stamp) that is digitally stamped on electronic documents identifying the specific user that created the document. The identification data must be controlled by a unique user ID and an encrypted password. (18) Direct Care Staff--Staff responsible for providing treatment, care, supervision, or other direct client services that involve face-to-face contact with a client. (19) Discharge--Formal, documented termination of services. (20) Document (noun)--A written or electronic record. (21) Diagnostic and Statistical Manual of Mental Disorders (DSM)--The Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Any reference to DSM constitutes a reference to the most recent edition then published, unless the context clearly indicates otherwise. (22) Facility--See Juvenile Justice Facility. (23) Graduate--An individual who has successfully completed the 270 hours of education, 300-hour practicum, and 4,000 hours of supervised work experience and who is still registered with the Department of State Health Services as a counselor intern. (24) Human Immunodeficiency Virus (HIV)--The virus that causes Acquired Immune Deficiency Syndrome (AIDS). Infection is determined through a testing and counseling process overseen by the Department of State Health Services. Being infected with HIV is not necessarily equated with having a diagnosis of AIDS, which can only be diagnosed by a physician using criteria established by the National Centers for Disease Control and Prevention. (25) Intake--The process for gathering information about a prospective client and giving a prospective client information about treatment and services. (26) Intervention--The interruption of the onset or progression of chemical dependency in the early stages. Intervention strategies target indicated populations. (27) Juvenile Justice Facility--A facility operated wholly or partly by the juvenile board, by another governmental unit, or by a private vendor under a contract with the juvenile board, county, or other governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: (A) a public or private juvenile pre-adjudication secure detention facility, including a holdover facility; (B) a public or private juvenile post-adjudication secure correctional facility except for a facility operated solely for children committed to the Texas Juvenile Justice Department; and (C) a public or private non-secure juvenile post-adjudication residential treatment facility that is not licensed by the Department of Family and Protective Services or the Department of State Health Services. 37 TAC Chapter 353 141 37 TAC Chapter 353 (28) Juvenile Justice Program--A program or department operated wholly or partly by the juvenile board or by a private vendor under a contract with a juvenile board that serves juveniles under juvenile court jurisdiction. The term includes: (A) a juvenile justice alternative education program; (B) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court; and (C) a juvenile probation department. (29) License--The whole or part of any agency permit, certificate, approval, registration, or similar form of permission authorized by law. (30) Licensed Chemical Dependency Counselor (LCDC)--A counselor licensed by the Department of State Health Services pursuant to Chapter 504, Occupations Code. (31) Life Skills Training (Treatment)--A structured program of training, based upon a written curriculum and provided by qualified staff designed to help clients with social competencies such as communication and social interaction, stress management, problem solving, decision making, and management of daily responsibilities. (32) Person--An individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. (33) Personnel--The members of the governing body of a provider and, without limitation, its staff, employees, contractors, consultants, agents, representatives, volunteers, or other individuals working for or on behalf of the provider through a formal or informal agreement. (34) Practice of Chemical Dependency Counseling Services--Providing or offering to provide chemical dependency counseling services involving the application of the principles, methods, and procedures of the chemical dependency counseling profession as defined by the activities listed in the domains of Technical Assistance Publication 21 "Addictions Counseling Competencies: the Knowledge, Skills, and Attitudes of Professional Practice" published by the Center for Substance Abuse Treatment. (35) Prevention--A proactive process that uses multiple strategies to preclude the illegal use of alcohol, tobacco, and other drugs and to foster safe, healthy, drug-free environments. (36) Program--See Juvenile Justice Program. (37) Provider--A person who performs or offers to perform substance abuse services in a program offered by a juvenile justice facility or juvenile justice program. The term includes but is not limited to, a qualified credentialed counselor, applicant for counselor licensure, and counselor intern. (38) Qualified Credentialed Counselor (QCC)--A licensed chemical dependency counselor or one of the practitioners listed below who is licensed and in good standing in the State of Texas and has at least 1,000 hours of documented experience treating substance-related disorders: (A) licensed professional counselor (LPC); (B) licensed master social worker (LMSW); (C) licensed marriage and family therapist (LMFT); (D) licensed psychologist; (E) licensed physician; (F) licensed physician assistant; (G) certified addictions registered nurse (CARN); or (H) APRN licensed advanced practice registered nurse recognized by the Texas Board of Nursing as a psychiatric-mental health clinical nurse specialist (PMHCNS) or psychiatric-mental health nurse practitioner (PMHNP). with a specialty in psych-mental health (APN-P/MH). 37 TAC Chapter 353 142 37 TAC Chapter 353 (39) Recovery Maintenance--A level of treatment designed to maintain and support a client's continued recovery. (40) Referral--The process of identifying appropriate services and providing the information and assistance needed to access them. (41) Residential Site--A physical location owned, leased, or operated by a provider where clients reside in a supervised treatment environment. (42) Screening--The process through which a qualified staff, client or participant, and available significant others determine the most appropriate initial course of action, given the individual's needs and characteristics and the available resources within the community. In a treatment program, screening includes determining whether an individual is appropriate and eligible for admission to a particular program. (43) Services--Substance abuse treatment services. (44) Staff--Individuals working for a person in exchange for money or other compensation. (45) Substance Abuse--A maladaptive pattern of substance use leading to clinically significant impairment or distress, as defined by the most recently published version of the DSM. (46) Substance Abuse Services (Services)--A comprehensive term intended to describe activities undertaken to address any substance-related disorder as well as prevention activities. The term includes the provision of screening, assessment, referral, treatment for chemical dependency, and chemical dependency counseling. (47) Substance-Related Disorders--Defined by the most recently published version of the DSM. (48) Treatment--See Chemical Dependency Treatment. (49) Treatment Planning--A collaborative process through which the provider and client develop desired treatment outcomes and identify the strategies for achieving them. At a minimum, the treatment plan addresses the identified substance use disorder(s), as well as issues related to treatment progress, including relationships with family and significant others, employment, education, spirituality, health concerns, and legal needs. (50) Unethical Conduct--Conduct prohibited by the ethical standards adopted by state or national professional organizations or by rules established by a profession's state licensing agency. (51) Utilization Review--The process of evaluating the necessity, appropriateness, and efficiency of the use of chemical dependency treatment services, procedures, and facilities. §353.102 Purpose Effective Date: The purpose of these rules is to ensure that juveniles receiving substance abuse treatment services offered by juvenile justice facilities or programs are afforded an efficient, effective, and appropriate continuum of services that will enable the juveniles to be productive members of society. These rules further serve to protect the health, safety, and welfare of those receiving substance abuse treatment services. §353.103 Applicability Effective Date: (a) This chapter applies to a substance abuse facility or program offered by a juvenile justice facility or program. (b) All providers must comply with the provisions of this chapter in all matters related to the provision of services. (c) The provisions of this chapter apply in addition to other chapters relevant to the juvenile justice facility or program. 37 TAC Chapter 353 143 37 TAC Chapter 353 §353.104 Program Approval and Registration Effective Date: (a) A juvenile board must obtain approval from TJJD prior to operating a substance abuse treatment program. This provision does not apply to programs in operation prior to September 1, 2017. (b) All substance abuse treatment programs offered by a juvenile justice facility or program must be registered with TJJD. §353.105 (a) (b) Change in Status Effective Date: A juvenile justice facility or program operating a substance abuse program must notify TJJD and receive written approval before: (1) adding a new detoxification service; (2) adding a new residential site; (3) moving to a new residential site; (4) increasing the number of beds in a residential substance abuse program; (5) adding a new residential service; (6) adding a new day-treatment service; (7) adding a new outpatient service; (8) adding a new outpatient site or moving an outpatient site to a new location; or (9) providing services to a new age group or gender. A juvenile justice facility or program operating a substance abuse treatment program must notify TJJD prior to a change in the name of the facility or program, closure of a residential or outpatient location, decrease in the number of residential beds in the substance abuse program, or discontinuation of a service related to the substance abuse program. §353.106 Inspection Effective Date: TJJD may conduct a scheduled or unannounced inspection or request materials for review at reasonable times, including any time treatment services are provided. The facility or program must allow TJJD staff to access the grounds, buildings, and records of the facility or program. The facility or program must allow TJJD staff to interview members of the governing body, staff, and clients. The facility or program must make all property, records, and documents available upon request for examination, copy, or reproduction, on or off premises. §353.107 Waiver or Variance to Standards Effective Date: Unless expressly prohibited by another standard, an application for a waiver or variance of any standard in this chapter may be submitted in accordance with §349.200 of this title. 37 TAC Chapter 353 144 37 TAC Chapter 353 Subchapter B Standard of Care Applicable to All Providers §353.201 General Standard Effective Date: (a) Providers must provide adequate and appropriate services consistent with best practices and industry standards. (b) Providers must maintain objectivity. (c) Providers must respect each individual's dignity, must not engage in any action that may cause injury, and must always act with integrity in providing services. §353.202 Scope of Practice Effective Date: (a) Providers must recognize the limitations of their abilities and must not offer services outside their scope of practice or use techniques that exceed their professional competence. (b) Providers must not make any claim, directly or by implication, that they possess professional qualifications or affiliations that they do not possess. §353.203 Competence and Due Care Effective Date: (a) Providers must plan, adequately supervise, and evaluate all activities for which they are responsible. (b) Providers must render services carefully and promptly. (c) Providers must follow the technical and ethical standards related to the provision of services, strive continually to improve personal competence and quality of service delivery, and discharge their professional responsibilities to the best of their abilities. (d) Providers are responsible for assessing the adequacy of their own competence for the responsibility to be assumed. (e) Services must be designed and administered as to do no harm to recipients. (f) Providers must always act in the best interest of the individual being served. (g) Providers must terminate any professional relationship that is not beneficial, or is in any way detrimental, to the individual being served. §353.204 Appropriate Services Effective Date: (a) Services must be appropriate for the individual's needs and circumstances, including age and developmental level, and must be culturally sensitive. (b) Providers must possess an understanding of the cultural norms of the individuals receiving services. (c) Services must be respectful and non-exploitative. §353.205 Accuracy Effective Date: (a) Providers must report information fairly, professionally, and accurately when providing services and when communicating with other professionals, TJJD, and the general public. (b) Each provider must document and assign credit to all contributing sources used in published material or public statements. (c) Providers must not misrepresent, either directly or by implication, professional qualifications or affiliations. 37 TAC Chapter 353 145 37 TAC Chapter 353 §353.206 Documentation Effective Date: Providers must maintain required documentation of services provided and related transactions, including financial records. §353.207 Discrimination Effective Date: Providers must not discriminate against any individual on the basis of gender, race, religion, age, national origin, disability (physical or mental), sexual orientation, or medical condition, including HIV diagnosis or because an individual is perceived as being HIV-infected. §353.208 Access to Services Effective Date: Providers must provide access to services, including providing information about other services and alternative providers, taking into account an individual's special needs. §353.209 Location Effective Date: Providers may not offer or provide services in settings or locations that are inappropriate or harmful to individuals served or others. §353.210 Confidentiality Effective Date: (a) The provider must protect the privacy of individuals served and may not disclose confidential information except as permitted by law. (b) The provider must remain knowledgeable of and follow all state and federal laws and regulations relating to confidentiality of juvenile records and of records relating to the provision of services. (c) The provider is prohibited from discussing or divulging information obtained in clinical or consulting relationships except in appropriate settings and for professional purposes that demonstrably relate to the case. (d) Confidential information acquired during delivery of services must be safeguarded from illegal or inappropriate use, access, and disclosure and from loss, destruction, and tampering. These safeguards must protect against verbal disclosure and prevent unsecured maintenance of records or recording of an activity or presentation without appropriate releases. §353.211 Environment Effective Date: (a) Services must be provided in an appropriate, safe, clean, and well-maintained environment. (b) Private space must be provided and used for confidential interactions, including all group counseling sessions. §353.212 Communications Effective Date: The provider must inform the individual receiving services about all relevant and important aspects of the service relationship. 37 TAC Chapter 353 146 37 TAC Chapter 353 §353.213 Exploitation Effective Date: The provider must not exploit relationships with individuals receiving services for personal or financial gain of the provider or its personnel. The provider may not charge exorbitant or unreasonable fees for any service. The provider may not pay or receive any commission, consideration, or benefit of any kind related to the referral of an individual for services. §353.214 Duty to Report Effective Date: (a) When a provider or program staff has knowledge of unethical conduct or practice on the part of a person or provider, the individual with the knowledge must report the conduct or practices to the appropriate funding or regulatory bodies. (b) Any provider or provider personnel who receives an allegation of, or has reason to suspect that an individual has been, is, or will be subject to, abuse, neglect, or exploitation must report that information as provided by Chapter 358 of this title. §353.216 Ethics Effective Date: Providers must adhere to established professional codes of ethics. These codes of ethics define the professional context within which the provider works in order to maintain professional standards and safeguard the client or participant. §353.217 Specific Acts Prohibited Effective Date: In addition to the provider's general duty to provide services in a professional manner, failure to adhere to the following rules constitutes a violation: (1) Providers must not provide services, interact with individuals receiving services, or perform any job duties while under the influence of or impaired by alcohol or mood altering substances, including prescription medications not used in accordance with a licensed prescriber's physician's order. (2) Providers must not commit an illegal, unprofessional, or unethical act (including acts constituting abuse, neglect, or exploitation). (3) Providers must not assist or knowingly allow another person to commit an illegal, unprofessional, or unethical act. (4) Providers must not falsify, alter, destroy, or omit significant information from required reports and records or interfere with their preservation. (5) Providers must not retaliate against anyone who reports a violation of these rules or cooperates during a review, inspection, investigation, hearing, or other related activity. (6) Providers must not interfere with probation department, facility, or TJJD reviews, inspections, investigations, hearings, or related activities. This includes taking action to discourage or prevent someone else from cooperating with the activity. (7) Providers must not enter into a personal or business relationship of any type with an individual receiving services until at least two years after the last date an individual receives services from the provider. (8) Providers must not discourage, intimidate, harass, or retaliate against individuals who try to exercise their rights or file a grievance. (9) Providers must not restrict, discourage, or interfere with any communication with law enforcement, an attorney, the probation department, the facility, or TJJD for the purposes of filing a grievance. (10) Providers must not allow unqualified persons or entities to provide services. 37 TAC Chapter 353 147 37 TAC Chapter 353 (11) Providers must not hire or utilize known sex offenders in adolescent programs or programs that house children. (12) Providers must prohibit adolescent clients and participants from using tobacco products on the program site. Staff and other adults (volunteers, clients, participants, and visitors) must not use tobacco products in the presence of adolescent clients or participants. §353.218 Standards of Conduct Effective Date: (a) The program and program personnel must protect clients' rights and provide competent services. (b) Any person associated with the program who receives an allegation of, or has reason to suspect that a person associated with the program has been, is, or will be engaged in illegal, unethical, or unprofessional conduct must immediately inform the facility administrator or chief administrative officer of the juvenile probation department. If the person suspected of misconduct holds a license or certification from a state agency or other licensing entity, a report must also be made to the appropriate agency or entity. (c) There must be written policies on program personnel conduct that are consistent with this section. Subchapter E Substance Abuse Program Requirements §353.502 (a) Operational Plan, Policies, and Procedures Effective Date: The facility or program must operate the substance abuse program according to an operational plan. The operational plan must reflect: (1) program purpose or mission statement; (2) services and how they are provided; (3) a description of the population to be served; and (4) goals and objectives of the program. (b) The facility or program must adopt and implement written policies and procedures as deemed necessary by the facility or program and as required herein. The policies and procedures must contain sufficient detail to ensure compliance with all applicable TJJD rules. (c) The policy and procedure manual must be current, consistent with program practices, individualized to the program, and easily accessible to all staff at all times. §353.503 Reporting Measures Effective Date: For each facility or program, the following information must be submitted to TJJD annually in a format provided by TJJD: (1) total number of clients served by diagnosis; (2) gender of clients served; (3) ethnicity of clients served; (4) ages of clients served; (5) primary and secondary drug at admission; (6) discharge reason per treatment episode, including length of stay at time of discharge; and (7) average percent of occupancy for each residential substance abuse program. 37 TAC Chapter 353 148 37 TAC Chapter 353 §353.504 Quality Management Effective Date: The facility or program must develop procedures and implement a quality management process. The procedures must address, at a minimum: (1) goals and objectives that relate to the program purpose or mission statement; (2) methods to review the progress toward the goals and a documented process to implement corrections or changes; (3) mechanisms to: (A) review and analyze incident reports; (B) monitor compliance with rules and other requirements; (C) identify areas where quality is not optimal and analyze identified issues; (D) implement corrections and evaluate and monitor their ongoing effectiveness; (4) methods of utilization review to ensure appropriate client placement, adequacy of services provided, and length of stay in the substance abuse program; and (5) documentation of the activities of the quality management process. §353.507 General Documentation Requirements Effective Date: (a) The facility or program must keep complete, current documentation. (b) All documents must be factual and accurate. (c) All documents and entries must be dated and authenticated by the person responsible for the content. (1) Authentication of paper records must be an original signature that includes at least the first initial, last name, and credentials. Initials may be used if the client record includes a document that identifies all individuals initialing entries, including the full printed name, signature, credentials, and initials. (2) Authentication of electronic records must be by a digital authentication key. (d) Documentation must be permanent and legible. (e) When it is necessary to correct a client record, incident report, or other document, the error must be marked through with a single line, dated, and initialed by the writer. (f) Records must contain only those abbreviations included on the facility’s or program's list of approved abbreviations. §353.508 Client Records Effective Date: (a) The facility or program must establish and maintain a single record for every client beginning at the time of admission. The content of client records must be complete, current, and well-organized. (b) The facility or program is required to protect all client records and other client-identifying information from destruction, loss, or tampering and from unauthorized access, use, or disclosure. (1) All active client records must be stored at the facility. Inactive records, if stored off-site, must be fully protected. All original client records must be maintained in the State of Texas. (2) Information that identifies those seeking services must be protected to the same degree as information that identifies clients. (3) Electronic client information must be protected to the same degree as paper records and must have a reliable backup system. 37 TAC Chapter 353 149 37 TAC Chapter 353 (c) Only personnel whose job duties require access to client records may have such access. (d) Personnel must keep records locked at all times unless authorized staff is continuously present in the immediate area. (e) The facility or program must ensure that all client records can be located and retrieved upon request at all times. (f) The facility or program must comply with federal and state confidentiality laws and regulations, including 42 CFR part 2 (federal regulations on the confidentiality of substance use disorder patient records), Chapter 611, Texas Health and Safety Code (relating to mental health records), and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The program must also protect the confidentiality of HIV information as required in Section 81.103, Texas Health and Safety Code (relating to confidentiality; criminal penalty). (g) The facility or program may not deny clients access to the content of their records except as provided by Section 611.0045, Texas Health and Safety Code, and HIPAA or other law. (h) Client records must be maintained for at least five years after the client turns 18. (i) If client records are microfilmed, scanned, or destroyed, the facility must take steps to protect confidentiality. The facility must maintain a record of all client records destroyed on or after September 1, 1999, including the client's name, record number, birth date, and dates of admission and discharge. Subchapter F Personnel Practices and Development §353.601 Hiring Practices Effective Date: (a) A facility or program whose personnel includes counselor interns must be registered with the Department of State Health Services as a clinical training institution and comply with all applicable requirements. (b) The facility or program must verify by Internet, telephone, or letter and document the current status of all required credentials with the credentialing authority. (c) The facility or program must comply with its obligations under Section 81.003, Texas Civil Practices and Remedies Code. (d) The facility or program must develop a job description that outlines job duties and minimum qualifications for all personnel. (e) The facility or program must maintain a personnel file for each contractor, student, and volunteer having any direct contact with a client and for each employee. The file must contain documentation demonstrating compliance with this section. §353.602 Students and Volunteers Effective Date: (a) The facility must ensure that students and volunteers comply with all applicable rules. (b) Students and volunteers may not be assigned to perform duties for which they are not qualified. (c) Students and volunteers must receive orientation and training appropriate to their qualifications and responsibilities. (d) Students and volunteers must be appropriately supervised. 37 TAC Chapter 353 150 37 TAC Chapter 353 §353.603 Training Effective Date: (a) This section applies only to staff assigned to the substance abuse treatment program. (b) Unless otherwise specified, video, manual, or computer-based training is acceptable if the supervisor discusses and documents the material with the staff person in a face-to-face session to highlight key issues and answer questions. (c) The facility or program must maintain documentation of all required training. (1) (2) (3) (d) (e) Documentation of external training must include: (A) date; (B) number of hours; (C) topic; (D) instructor's name; and (E) signature of the instructor (or equivalent verification). The facility or program must maintain documentation of all internal training. For each topic, the documentation must include: (A) an outline of the contents; (B) the name, credentials, and relevant qualifications of the person providing the training; and (C) the method of delivery. For each group training session, the facility must maintain a dated attendee sign-in sheet with signatures of the trainer and the attendees. The facility or program must provide an orientation to staff, volunteers, and students before they perform their duties and responsibilities. This orientation must include information addressing: (1) substance abuse program policies and procedures; (2) client rights; (3) client grievance procedures; (4) confidentiality of client-identifying information (42 CFR Part 2; HIPAA); (5) standards of conduct; and (6) emergency and evacuation procedures. The following initial training(s) must be received within the first 90 days of employment and must be completed before the employee may perform a function to which the specific training is applicable. Subsequent training must be completed as specified. (1) Abuse, Neglect, and Exploitation. All substance abuse program personnel with any direct client contact must receive this training. (2) HIV, Hepatitis B and C, Tuberculosis, and Sexually Transmitted Diseases. All personnel with any direct client contact must receive this training. (3) (A) The initial training must be three hours in length. (B) Staff must receive updated information about these diseases annually. Cardiopulmonary Resuscitation (CPR). All direct-care staff in a residential substance abuse program must maintain current CPR and firstaid certifications. 37 TAC Chapter 353 151 37 TAC Chapter 353 (4) Nonviolent Crisis Intervention. The face-to-face training must teach staff how to use verbal and other non-physical methods for prevention, early intervention, and crisis management. The instructor must have documented successful completion of a course for crisis intervention instructors or have equivalent documented training and experience. (5) (A) The initial training must be four hours in length. (B) Staff must complete two hours of annual training thereafter. Intake, Screening, and Admission Authorization. All staff who conduct intake and screening and who authorize admission for applicants to receive program services must complete training in the substance abuse program's screening and admission procedures. The training must include two hours of DSM diagnostic criteria for substancerelated disorders and other mental health diagnoses. (6) (A) The initial training must be eight hours in length. (B) Staff must complete eight hours of annual training thereafter. (C) The training must be completed before staff screen or authorize applicants for admission. Self-administration of Medication. All personnel responsible for supervising clients in self-administration of medication who are not credentialed to administer medication must complete this training before performing this task. (A) The training must be two hours in length and is required only one time. (B) The training must be provided by a physician, pharmacist, physician assistant, or registered nurse before administering medication and must include: (i) prescription labels; (ii) medical abbreviations; (iii) routes of administration; (iv) use of drug reference materials; (v) storage, maintenance, handling, and destruction of medication; (vi) documentation requirements; and (vii) procedures for medication errors, adverse reactions, and side effects. Subchapter G Client Rights §353.701 Client Bill of Rights Effective Date: The facility or program must respect, protect, implement, and enforce each client right that is required to be contained in the facility's Client Bill of Rights The Client Bill of Rights for all facilities must include: (1) You have the right to accept or refuse treatment after receiving this explanation. (2) If you agree to treatment or medication, you have the right to change your mind at any time (unless specifically restricted by law). (3) You have the right to a humane environment that provides reasonable protection from harm and appropriate privacy for your personal needs. 37 TAC Chapter 353 152 37 TAC Chapter 353 (4) You have the right to be free from abuse, neglect, and exploitation. (5) You have the right to be treated with dignity and respect. (6) You have the right to appropriate treatment in the least restrictive setting available that meets your needs. (7) You have the right to be told about the program's rules and regulations before you are admitted, including, without limitation, the rules and policies related to restraints and seclusion. Your legally authorized representative, if any, also has the right to be and shall be notified of the rules and policies related to restraints and seclusion. (8) You have the right to be told before admission in the substance abuse program: (9) (A) the condition to be treated; (B) the proposed treatment; (C) the risks, benefits, and side effects of all proposed treatment and medication; (D) the probable health and mental health consequences of refusing treatment; (E) other treatments that are available and which ones, if any, might be appropriate for you; and (F) the expected length of stay in the substance abuse program. You have the right to a treatment plan designed to meet your needs, and you have the right to take part in developing that plan. (10) You have the right to meet with staff to review and update the plan on a regular basis. (11) You have the right to refuse to take part in research without affecting your regular care. (12) You have the right not to receive unnecessary or excessive medication. (13) You have the right to have information about you kept private and to be told about the times when the information can be released without your permission. (14) You have the right to be told in advance of all estimated charges and any limitations on the length of services of which the facility is aware. (15) You have the right to receive an explanation of your treatment or your rights if you have questions while you are in treatment. (16) You have the right to make a complaint and receive a fair response from the facility within a reasonable amount of time. (17) You have the right to complain directly to the Texas Juvenile Justice Department at any reasonable time. (18) You have the right to get a copy of these rights before you are admitted, including the address and phone number of the Texas Juvenile Justice Department. (19) You have the right to have your rights explained to you in simple terms, in a way you can understand, within 24 hours of being admitted. §353.704 Program Rules Effective Date: (a) The facility must establish therapeutically sound written program rules addressing client behavior that are designed to protect the health, safety, and welfare of clients. (b) The consequences for violating program rules must be defined in writing and must include clear identification of violations that may result in discharge. The consequences must be reasonable and take into account the client’s diagnosis and progress in treatment and may not include: (1) physical discipline; 37 TAC Chapter 353 153 37 TAC Chapter 353 (2) measures involving the denial of food, water, sleep, or bathroom privileges; or (3) discipline that is authorized, supervised, or carried out by clients. (c) At the time of admission, every client must be informed verbally and in writing of the program rules and consequences for violating the rules. (d) The facility must enforce the rules fairly and objectively and may not implement consequences for the convenience of staff. Subchapter H Screening and Assessment §353.801 Screening Effective Date: (a) To be eligible for admission to a treatment program, an individual must meet the DSM criteria for a substance use disorder (or substance withdrawal or intoxication in the case of a detoxification program). The facility must use a screening process appropriate for the target population, individual's age, developmental level, culture, and gender. (b) The screening process must include the collection of other information as necessary to determine the type of services that are required to meet the individual’s needs. This may necessitate the administration of all or part of validated assessment instruments. (c) Sufficient documentation must be maintained in the client record to support the diagnosis and justify the referral/placement decision. Documentation must include the date of the screening and the signature and credentials of the qualified credentialed counselor (QCC) supervising the screening process. (d) For admission to a detoxification program, the screening will be conducted by a physician, physician assistant, APRN, nurse practitioner, registered nurse, or licensed vocational nurse (LVN). An LVN may conduct a screening under the following conditions: (e) (1) the LVN has completed detoxification training and demonstrated competency in the detoxification process; (2) the training and competency verification is documented in the LVN's personnel file; (3) the LVN must convey the medical data obtained during the screening process to a physician, physician assistant, or APRN in person or via telephone. The physician, physician assistant, or APRN must determine the appropriateness of the admission and authorize the admission or give instructions for an alternative course of action; and (4) the physician, physician assistant, or APRN must examine the client in person and sign the admission order within 24 hours of authorizing admission. For admission to all other treatment programs, the screening will be conducted by a counselor or counselor intern. §353.802 (a) Admission Authorization and Consent to Treatment Effective Date: A QCC must authorize each admission in writing and specify the level of care to be provided. If the screening counselor or intern is not qualified to authorize admission, the QCC must review the results of the screening with the applicant, directly or indirectly, before authorizing admission. The authorization must be documented in the client record and must contain sufficient documentation to support the diagnosis and the placement decision. 37 TAC Chapter 353 154 37 TAC Chapter 353 (b) The facility must obtain written authorization from the consenter before providing any treatment or medication. The consent form must be dated and signed by the client, the consenter, and the staff person providing the information and must include documentation that the client and consenter received and understood the following information: (1) the specific condition to be treated; (2) the recommended course of treatment; (3) the expected benefits of treatment; (4) the probable health and mental health consequences of not consenting; (5) the side effects and risks associated with the treatment; (6) any generally accepted alternatives and whether an alternative might be appropriate; (7) the qualifications of the staff who will provide the treatment; (8) the name of the primary counselor; (9) the client grievance procedure; (10) the Client Bill of Rights as specified in §353.701 of this title; (11) the program rules; (12) violations that can lead to disciplinary action or discharge; (13) any consequences or searches used to enforce program rules; (14) the facility's services and treatment process; and (15) opportunities for family to be involved in treatment. (c) This information must be explained to the client and consenter in simple, non-technical terms. If an emergency or the client's physical or mental condition prevents the explanation from being given or understood by the client within 24 hours, staff must document the circumstances in the client record and present the explanation as soon as possible. Documentation of the explanation must be dated and signed by the client, the consenter, and the staff person providing the explanation. (d) The client record must include a copy of the Client Bill of Rights dated and signed by the client and consenter. (e) If possible, all information must be provided in the consenter's primary language. (f) When an applicant is screened and determined to be eligible for services but denied admission, the facility must maintain documentation signed by the examining QCC that includes the reason for the denial. §353.803 (a) Assessment Effective Date: A counselor or counselor intern must conduct and document a comprehensive psychosocial assessment with the client admitted to the facility. The assessment must elicit and document enough information about the client's past and present status to provide a thorough understanding of the following areas: (1) presenting problems resulting in admission; (2) alcohol and other drug use; (3) psychiatric and chemical dependency treatment; (4) medical history and current health status, to include an assessment of risk behaviors for tuberculosis (TB), HIV, and other sexually transmitted disease (STD), as permitted by law; (5) relationships with family; (6) social and leisure activities; 37 TAC Chapter 353 155 37 TAC Chapter 353 (7) education and vocational training; (8) employment history; (9) legal problems; (10) mental/emotional functioning; and (11) strengths and weaknesses. (b) A comprehensive listing of the client's problems, needs, and strengths must be prepared based on the results of the assessment. (c) A comprehensive diagnostic impression must be prepared based on the results of the assessment. (d) If the assessment identifies a potential mental health problem, the facility or program must obtain a mental health assessment and seek appropriate mental health services when resources for mental health assessments and/or services are available internally or through referral at no additional cost to the program. These services must be provided by a facility or person authorized to provide such services or a qualified professional as described in §353.901 of this title. (e) The assessment must be signed by a QCC and filed in the client record within three individual service days of admission. (f) The program may accept an evaluation from an outside source if: (1) it meets the criteria set forth herein; (2) it was completed during the 30 days preceding admission or is received directly from a facility that is transferring the client; and (3) a counselor reviews the information with the client and documents an update. §353.804 (a) (b) Treatment Planning, Implementation, and Review Effective Date: The counselor and client work together to develop and implement an individualized, written treatment plan that identifies the services and support needed to address the problems and needs identified in the assessment. When appropriate, the client's family must also be involved. (1) When the client needs services not offered by the facility, appropriate referrals must be made and documented in the client record. When feasible, other QCCs or mental health professionals serving the client from a referral agency should participate in the treatment planning process. (2) The client record must contain justification when identified needs are temporarily deferred or not addressed during treatment. The treatment plan must include goals, objectives, and strategies. (1) Goals must be based on the client's problems/needs, strengths, and preferences. (2) Objectives must be individualized, realistic, measurable, time-specific, appropriate to the level of treatment, and clearly stated in behavioral terms. (3) Strategies must describe the type and frequency of the specific services and interventions needed to help the client achieve the identified goals and must be appropriate to the level of intensity of the program in which the client is receiving treatment. (c) The treatment plan must identify discharge criteria and include initial plans for discharge. (d) The treatment plan must include a projected length of stay in the program. (e) The treatment plan must identify the client's primary counselor and must be dated and signed by the client and the counselor. When the treatment plan is conducted by an intern or graduate, a QCC must review and sign the treatment plan. 37 TAC Chapter 353 156 37 TAC Chapter 353 (f) The treatment plan must be completed and filed in the client record within five individual service days of admission. (g) The treatment plan must be evaluated on a regular basis and revised as needed to reflect the ongoing reassessment of the client's problems, needs, and response to treatment. (h) The primary counselor must meet with the client to review and update the treatment plan at appropriate intervals, as defined in writing by the program. At a minimum, treatment plans must be reviewed midway through the projected duration of treatment, and no less frequently than monthly in residential substance abuse programs. (i) The treatment plan review must include: (1) an evaluation of the client's progress toward each goal and objective; (2) revision of the goals and objectives; and (3) justifications of continued length of stay in the program. (j) Treatment plan reviews must be dated and signed by the client, the counselor, and the supervising QCC, if applicable. (k) When a client’s intensity of service is changed, the client record must contain: (l) (1) clear documentation of the decision signed by a QCC, including the rationale and the effective date; (2) a revised treatment plan; and (3) documentation of coordination activities with the receiving treatment provider. Program staff must document all treatment services (counseling, chemical dependency education, and life skills training) in the client record within 72 hours, including the date, nature, and duration of the contact and the signature and credentials of the person providing the service. (1) Education, life skills training, and group counseling notes must also include the topic/issue addressed. (2) Individual counseling notes must include the goals addressed, clinical observations, and new issues or needs identified during the session. §353.805 Discharge Effective Date: (a) The counselor and client/consenter must develop and implement an individualized discharge plan. (b) Discharge plans must be updated as the client progresses through treatment and must address the continued appropriateness of the current treatment level. (c) The discharge plan must address continuity of services to the client. (1) When a client is referred or transferred to another chemical dependency or mental health service provider for continuing care, the substance abuse program must contact the receiving program before the client is discharged to make arrangements for the transfer. (2) Coordination activities must be documented in the client record, including a timeframe for the client to have access to needed services and any constraints associated with the referral. (3) With proper client consent, the facility must provide the receiving program with copies of relevant parts of the client's record. (d) The substance abuse program must involve the client's family or an alternate support system in the discharge planning process when appropriate. (e) Discharge planning must be completed before the client's scheduled discharge from the substance abuse program. 37 TAC Chapter 353 157 37 TAC Chapter 353 (f) A written discharge plan must be developed and must address ongoing client needs, including: (1) individual goals or activities to sustain recovery; (2) referrals; and (3) recovery maintenance services, if applicable. (g) The completed discharge plan must be dated and signed by the counselor, the client, and the consenter (if applicable). (h) The facility or program must give the client and consenter a copy of the plan and file the original signed plan in the client record. (i) The facility or program must complete a discharge summary for each client within 30 days of discharge. The discharge summary must be signed by a QCC and must include: (j) (1) dates of admission and discharge; (2) needs and problems identified at admission, during treatment, and at discharge; (3) services provided; (4) assessment of the client's progress towards goals; (5) reason for discharge; and (6) referrals and recommendations, including arrangements for recovery maintenance. The facility or program must contact each client between 60 and 90 days after discharge from the substance abuse program and must document the individual's current status or the reason the contact was unsuccessful. Subchapter I Treatment Program Services §353.901 Requirements Applicable to All Treatment Services Effective Date: (a) Each client's treatment must be based on a treatment plan developed from the client's comprehensive assessment. (b) Group counseling sessions must be limited to a maximum of 16 clients. Group education and life skills training sessions must be limited to a maximum of 35 clients. This limit does not apply to multi-family educational groups, seminars, outside speakers, or other events designed for a large audience. (c) Chemical dependency education and life skills training must follow a written curriculum. All educational sessions must include client participation and discussion of the material presented. (d) The substance abuse program must include education about tuberculosis (TB), HIV, hepatitis B and C, and sexually transmitted diseases (STDs). (e) The substance abuse program must provide education about the health risks of tobacco products and nicotine addiction. (f) The substance abuse program must provide access to screening for TB and testing for HIV antibody, hepatitis C, and STDs. (1) HIV antibody testing must be carried out by an entity approved by the Department of State Health Services. (2) If a client tests positive, the facility or program must refer the client to an appropriate health care provider. 37 TAC Chapter 353 158 37 TAC Chapter 353 (g) The substance abuse program must facilitate access to physical health, mental health, and ancillary services if those services are not available through the program and are necessary to meet treatment goals; the facilitation efforts must be documented. (h) Individuals may not be denied admission or discharged from treatment because they are taking prescribed medication. (i) The facility must maintain an adequate number of qualified staff to comply with these standards, provide appropriate and individualized treatment, and protect the health, safety, and welfare of clients. (j) All personnel must receive the training and supervision necessary to ensure compliance with these rules, provision of appropriate and individualized treatment, and protection of client health, safety, and welfare. (k) Residential direct care staff included in staff-to-client ratios may not have job duties that prevent ongoing and consistent client supervision. (l) Residential substance abuse programs must have at least one counselor on duty at least eight hours a day, six days a week. (m) Individuals responsible for planning, directing, or supervising treatment programs must be QCCs. The clinical program director must have at least two years of post-licensure experience providing chemical dependency treatment. (n) Chemical dependency counseling must be provided by a QCC, graduate, or counselor intern. Chemical dependency education and life skills training must be provided by counselors or individuals who have the appropriate specialized education and expertise. (o) All counselor interns must be under the direct supervision of a QCC as required in Texas Administrative Code, Title 40, Chapter 140 (relating to Counselor Licensure). §353.902 Requirements Applicable to Detoxification Services Effective Date: (a) A facility providing detoxification services must ensure every individual admitted to a detoxification program meets the DSM criteria for substance intoxication or withdrawal. (b) All detoxification programs must ensure continuous access to emergency medical care. (c) The program must have a medical director who is a licensed physician. The medical director must be responsible for admission, diagnosis, medication management, and client care. (d) The medical director or designee must approve all medical policies, procedures, guidelines, tools, and the medical content of all forms, which must include: (e) (1) screening instruments and procedures; (2) protocol or standing orders for each major drug category of abusable drugs (opiates, alcohol and other sedative-hypnotic/anxiolytics, inhalants, stimulants, hallucinogens) that are consistent with guidelines published by nationally recognized organizations (e.g., Substance Abuse and Mental Health Services Administration, American Society of Addiction Medicine, American Academy of Addiction Psychology); (3) procedures to deal with medical emergencies; (4) medication and monitoring procedures for pregnant women that address effects of detoxification and medications used on the fetus; and (5) special consent forms for pregnant women identifying risks inherent to mother and fetus. The medical director or designee must authorize all admissions, conduct a face-to-face examination to include both a history and physical examination of each applicant for services to establish the diagnosis, assess level of intoxication or withdrawal potential, and determine the need for treatment and the type of treatment to be provided to reach a placement decision. 37 TAC Chapter 353 159 37 TAC Chapter 353 (f) (g) (1) The examination must identify potential physical and mental health problems and/or diagnoses that warrant further assessment. (2) The authorization and examination must be documented in the client record and must contain sufficient documentation to support the diagnoses and the placement decision. If the physician, physician assistant, or APRN determines an admission is not appropriate, the client must be transferred to an appropriate service provider. (3) The face-to-face examination (history and physical examination) and signed orders of admission must occur within 24 hours of admission. (4) The program may accept an examination completed during the 24 hours preceding admission if it is approved by the program's medical director or designee and includes the elements in paragraphs (1)–(2) of this subsection. The program may not require a client to obtain a history and physical as a condition of admission. (5) Detoxification programs must have a licensed vocational nurse or registered nurse on duty for at least eight hours every day and a physician or designee on call 24 hours a day. (6) Detoxification programs must ensure that detoxification services are accessible at least 16 hours per day, seven days per week. Providers must develop and implement a mechanism to ensure that all direct care staff in detoxification programs have the knowledge, skills, and abilities to provide detoxification services, as they relate to the individual's job duties. Providers must be able to demonstrate through documented training, credentials, and experience that all direct care staff are proficient in areas pertaining to detoxification, including, but not limited to areas, regarding: (1) signs of withdrawal; (2) observation and monitoring procedures; (3) pregnancy-related complications (if the program admits women); (4) complications requiring transfer; (5) appropriate interventions; and (6) frequently used medications including purpose, precautions, and side effects. Residential and ambulatory (outpatient) detoxification programs must provide monitoring to manage the client's physical withdrawal symptoms. Monitoring must be conducted at a frequency consistent with the degree of severity of the client's withdrawal symptoms, the drug(s) from which the client is withdrawing, and/or the level of intoxication of the client. This information will be documented in the client's record and reflected in the client's orders. Residential detoxification programs must have a licensed vocational nurse or registered nurse on duty for at least eight hours every day and a physician or designee on call 24 hours a day. Ambulatory detoxification programs must have a licensed vocational nurse or registered nurse on duty for at least two hours every day and a physician or designee on call 24 hours a day. (1) Monitoring must include: (A) changes in mental status; (B) vital signs; and (C) response of the client's symptoms to the prescribed detoxification medications. (2) It is recommended that providers use instruments such as the Clinical Institute Withdrawal Assessment-Alcohol, revised (CIWA-Ar) for alcohol and sedative hypnotic withdrawal, and the "clinician's assessment" in the Behavioral Health Integrated Provider System (BHIPS). (3) More intensive monitoring is required for clients with a history of severe withdrawal symptoms (e.g., a history of hallucinosis, delirium tremors, seizures, uncontrolled vomiting/dehydration, psychosis, inability to tolerate withdrawal symptoms, and self-harming attempts) or the presence of current severe withdrawal symptoms and/or co-occurring medical and psychiatric disorders. 37 TAC Chapter 353 160 37 TAC Chapter 353 (h) (4) At a minimum, monitoring must be done every four hours in residential detoxification programs for the first 72 hours and as ordered by the medical director or designee thereafter, dependent on the client's signs and symptoms. (5) Medication must be available to manage withdrawal/intoxication from all classes of abusable drugs. (6) While medication regimens, protocols, or standing orders may be used, detoxification must be tailored to each client's need based on vital signs and symptom severity (objective and subjective), which must be noted in the client's record. (7) Ambulatory detoxification must have clear documentation by the physician or designee that the client's symptoms are or are expected to be of a severity that necessitates monitoring once a day at a minimum. In addition to the management of withdrawal and intoxicated states, detoxification programs must provide services, including counseling, which are designed to: (1) assess the client's readiness for change; (2) offer general and individualized information on substance abuse and dependency; (3) enhance client motivation; (4) engage the client in treatment; and (5) include a detoxification plan that contains the goals of successful and safe detoxification and details the process for transferring to another treatment intensity. At least one daily individual session by a registered nurse, QCC, or counselor intern with the client must be conducted. (i) Ambulatory detoxification may not be a stand-alone service; services must be provided in conjunction with outpatient treatment services. When treatment services are not available in conjunction with ambulatory detoxification services, the ambulatory detoxification program must arrange for them. (j) Bunk beds may not be used in residential detoxification programs. (k) In residential substance abuse programs, direct care staff must be on duty where the clients are located 24 hours a day. (1) During day and evening hours, at least two staff must be on duty for the first 12 clients, with one more staff on duty for each additional one to 16 clients. (2) At night, at least one staff member with detoxification training must be on duty for the first 12 clients with one more staff on duty for each additional one to 16 clients. (l) Clients who are not in withdrawal but meet the DSM criteria for substance dependence may be admitted to detoxification services for 72 hours for crisis stabilization. (m) Crisis stabilization is appropriate for clients who have diagnosed conditions that result in current emotional or cognitive impairment such that they would not be able to participate in a structured and rigorous schedule of formal chemical dependency treatment. (1) The specific client signs and symptoms that meet the DSM or other medical criteria for the disorder must be documented in the client record. (2) Documentation must also include what symptoms are precluding the client from participating in treatment and the manner in which they are to be resolved. §353.903 (a) Requirements Applicable to Residential Services Effective Date: Residential treatment provides 24-hour per day, 7 days per week multidisciplinary, professional clinical support to facilitate recovery from addiction. Clients are housed in a residential site. Comprehensive chemical dependency treatment services offer a structured therapeutic environment. 37 TAC Chapter 353 161 37 TAC Chapter 353 (b) The facility must ensure access to the full continuum of treatment services and sufficient treatment intensity to achieve treatment plan goals. Intensity and content of treatment must be appropriate to the client's needs and consistent with generally accepted placement guidelines and standards of care. (c) Each individual admitted to intensive residential services must be appropriately suited to this type of treatment setting, and there must be written justification to support the admission. (d) Intensive residential substance abuse programs must provide an average of at least 30 hours of services per week for each client, comprised of at least: (1) 10 hours of chemical dependency counseling (one hour of which must be individual counseling); (2) 10 hours of additional counseling, chemical dependency education, life skills training, and relapse prevention education; and (3) 10 hours of planned, structured activities monitored by staff (five hours of which must occur on weekends and evenings). (e) In intensive residential substance abuse programs, counselor caseloads may not exceed 10 clients for each counselor. (f) Supportive residential substance abuse programs must provide at least six hours of treatment services per week for each client, comprising at least: (g) (1) three hours of chemical dependency counseling (one hour per month of which must be individual counseling); and (2) three hours of additional counseling, chemical dependency education, life skills training, and relapse prevention education. Each supportive residential substance abuse program must set limits on caseload size that ensure effective, individualized treatment. The program must justify the caseload size in writing based on the program design, characteristics and needs of the population served, and any other relevant factors. §353.904 Requirements for Outpatient Treatment Programs Effective Date: (a) Outpatient programs are designed for clients who do not require the more structured environment of residential treatment to maintain sobriety. (b) Outpatient programs must ensure access to a full continuum of care and ensure sufficiency of treatment intensity to achieve treatment plan goals. Intensity and content of treatment must be appropriate to the client's needs and consistent with generally accepted placement guidelines and standards of care. (c) Each individual admitted to an outpatient program must be appropriately suited to this type of treatment setting, and there must be written justification to support the admission. (d) Treatment must include individualized treatment planning based on a comprehensive assessment, educational and process groups, and individual counseling. (e) Each client's progress must be assessed regularly by clinical staff to help determine the length and intensity of the program for that client. §353.905 (a) Requirements for Programs for Juveniles Effective Date: Facilities providing residential services for juveniles must: (1) provide access to education approved by the Texas Education Agency within three school days of admission when treatment is expected to last more than 14 days; (2) in addition to the service requirements set forth in §353.903(d)(3) of this title, provide five hours of planned, structured activities during evenings and weekends. Recreational and leisure activities 37 TAC Chapter 353 162 37 TAC Chapter 353 must be included in the structured time. The total number of hours of planned, structured activities must be at least 15. Attendance in school may be counted toward this requirement; (3) ensure the direct care staff-to-client ratio is at least 1:8 during waking hours (including programsponsored activities away from the facility) and 1:16 during sleeping hours; (4) facilitate regular communication between an adolescent client and the client's family and may not arbitrarily restrict any communications without clear individualized clinical justification documented in the client record; and (5) have written procedures addressing notification of parents or guardians in the event an adolescent leaves a residential substance abuse program without authorization. (b) Facilities or programs providing outpatient services must provide access to education approved by the Texas Education Agency within three school days of admission when treatment is expected to last more than 14 days, if required by law. (c) Facilities or programs providing day treatment must provide at least 15 hours of services per week, comprised of at least: (d) (1) one hour of individual counseling; and (2) 14 hours of additional counseling, chemical dependency education, life skills training, and relapse prevention education. Attendance in school may not be counted toward this requirement. All facilities and programs must: (1) ensure the program's treatment services, lectures, and written materials are age-appropriate and easily understood by clients; (2) involve the client's family or an alternate support system in the treatment process or document why this is not possible; and (3) develop and implement a mechanism to ensure that all direct care staff in adolescent programs have the knowledge, skills, and abilities to provide services to adolescents, as they relate to the individual's job duties. Providers must be able to demonstrate through documented training, credentials, and experience that all direct care staff are proficient in areas pertaining to adolescent services, including, but not limited to, areas regarding: (A) chemical dependency problems specific to adolescent treatment; (B) appropriate treatment strategies, including family engagement strategies; and (C) emotional, developmental, and mental health issues for adolescents. (e) Adolescent programs may serve children 13 to 17 years of age. However, young adults aged 18 to 21 may be admitted to an adolescent program when the screening process indicates the individual's needs, experiences, and behavior are similar to those of adolescent clients. (f) Every exception to the general age requirements must be clinically justified and documented and approved in writing by a QCC. §353.906 (a) Access to Services for Co-Occurring Psychiatric and Substance Use Disorders (COPSD) Clients Effective Date: In determining an individual's initial and ongoing eligibility for any service, an entity may not exclude an individual based on the following factors: (1) the individual's past or present mental illness; (2) medications prescribed to the individual in the past or present; (3) the presumption of the individual's inability to benefit from treatment; or 37 TAC Chapter 353 163 37 TAC Chapter 353 (4) the individual's level of success in prior treatment episodes. (b) Providers must ensure that a client's refusal of a particular service does not preclude the client from accessing other needed mental health or substance abuse services. (c) Providers must establish and implement procedures to ensure the continuity between screening, assessment, treatment, and referral services provided to clients. §353.907 (a) (b) Effective Date: The services provided to a client with COPSD must: (1) address both psychiatric and substance use disorders; (2) be provided within established practice guidelines for this population; and (3) help individuals to access the available services they need and choose, including self-help groups. The services provided to a client with COPSD must be provided by staff who are competent in the areas identified in §353.908 of this title. §353.908 (a) Additional Requirements for COPSD Programs Specialty Competencies for COPSD Programs Effective Date: Providers must ensure that services to clients are age-appropriate and are provided by staff within their scope of practice who have the following minimum knowledge, technical, and interpersonal competencies prior to providing services. (1) (2) (3) Knowledge competencies: (A) knowledge of the fact that psychiatric and substance use disorders are potentially recurrent relapsing disorders and that, although abstinence is the goal, relapses can be opportunities for learning and growth; (B) knowledge of the impact of substance use disorders on developmental, social, and physical growth and development of children and adolescents; (C) knowledge of interpersonal and family dynamics and their impact on individuals; (D) knowledge of the current Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnostic criteria for psychiatric disorders and substance use disorders and the relationship between psychiatric disorders and substance use disorders; (E) knowledge regarding the increased risks of self-harm, suicide, and violence in individuals; (F) knowledge of the elements of an integrated treatment plan and community support plan for individuals; (G) basic knowledge of pharmacology as it relates to individuals with a mental disorder; (H) basic understanding of the neurophysiology of addiction; (I) knowledge of the phases of recovery for individuals; (J) knowledge of the relationship between substance abuse disorders and psychiatric disorders; and (K) knowledge of self-help in recovery. Technical competencies: (A) ability to perform age-appropriate assessments of clients; and (B) ability to formulate an individualized treatment plan and community support plan for clients. Interpersonal competencies: 37 TAC Chapter 353 164 37 TAC Chapter 353 (b) (A) ability to tailor interventions to the process of recovery for clients; (B) ability to tailor interventions with readiness to change; and (C) ability to engage and support clients who choose to participate in 12-step recovery programs. Providers must ensure that staff who provide services to clients with COPSD have demonstrated the competencies described in subsection (a) of this section. These competencies may be evidenced by compliance with current licensure requirements of the governing or supervisory boards for the respective disciplines involved in serving clients with COPSD or by documentation regarding the attainment of the competencies described in subsection (a) of this section. §353.909 Treatment Planning of Services to Clients with COPSD Effective Date: (a) The treatment plan must identify services to be provided and must include measurable outcomes that address COPSD. (b) The treatment plan must identify the family members' need for education and support services related to the client's mental illness and substance abuse and a method to facilitate the family members' receipt of the needed education and support services. (c) The client and, if requested, the client's family member, must be given a copy of the treatment plan as permitted by law. 37 TAC Chapter 353 165 November 17, 2017 Mr. Steve Roman, Policy Coordinator Texas Juvenile Justice Department P.O. Box 12757 Austin, Texas 78711 Delivered via email to policy.proposals@tjjd.texas.gov Re: Comments on Proposed 37 TAC Chapter 353 Dear Mr. Roman and Others to Whom It May Concern: The Coalition for Nurses in Advanced Practice (CNAP) represents advanced practice registered nurses (APRNs). We appreciate that you included APRNs in the new rules TJJD proposed on November 17th related to substance abuse treatment programs. CNAP suggests a few amendments to correctly reflect terminology and include APRNs and other providers, when appropriate. Comments on §353.101, Definitions (1) , (24) and (38) The term defined in §353.101(1) should be changed to “Advanced Practice Registered Nurse” to correctly identify the term that is defined and used in the Nursing Practice Act. CNAP also recommends inserting the acronym “APRN” for ease in reading subsequent rules where that term is used. While the Board of Nursing (BON) licenses APRNs in four roles, for purposes of these rules, CNAP suggests recognizing only two of the roles since nurse practitioners (NPs) and clinical nurse specialists (CNSs) are the only two roles with a scope of practice that would encompass substance abuse treatment or performing physical assessments for children and adolescents in these programs. The amended term and definition would read as follows (with changes highlighted): (1) Advanced Practice Registered Nurse [Practitioner] (APRN)— A registered nurse currently licensed in Texas [who is approved] by the Texas Board of Nursing to practice as a nurse practitioner or clinical nurse specialist[engage in advanced practice]. Proposed definition (24) states that AIDS (HIV infection –stage 3) must be diagnosed by a physician. While the ”Revised Surveillance Case Definition for HIV Infection – United States, 2014,” refers to “physician-documented” evidence, the article never states that only a physician can diagnose Stage 3 HIV infection. Section 1.1.2 of the case definition states HIV infection may be confirmed by laboratory testing and “A note in a medical record by a physician or other qualified medical-care provider that states that the patient has HIV infection.” Therefore, CNAP suggests the following amendment (with the added language highlighted). 166 “(24) Human Immunodeficiency Virus (HIV)--The virus that causes Acquired Immune Deficiency Syndrome (AIDS). Infection is determined through a testing and counseling process overseen by the Department of State Health Services. Being infected with HIV is not necessarily equated with having a diagnosis of AIDS, which can only be diagnosed by a physician or other qualified medical-care provider using criteria established by the National Centers for Disease Control and Prevention. Definition (38)(H), Qualified Credentialed Counselor (QCC), indicates that APN-PMH is an abbreviation for a psychiatric-mental health clinical nurses specialist(PMHCNS) or nurse practitioner (PMHNP). The Board of Nursing requires APRNs to identify their specific advanced practice role and population focus. Consequently, CNAP recommends amending the wording to reflect the correct title and initials PMHNPs and PMHCNSs use in the course of their professional practice in Texas. The amended subdivision would read as follows with the changes highlighted. (H) APRN [advanced practice registered nurse]licensed [recognized] by the Texas Board of Nursing as a psychiatric-mental health clinical nurse specialist (PMHCNS) or psychiatric-mental health nurse practitioner (PMHNP) [with a specialty in psych-mental health (APN-P/MH)]. Comments on §343.217(1) In Texas, physicians are not the only practitioners with authority to prescribe dangerous drugs and controlled substances. It is, therefore, important to amend Subsection (1) to allow providers to take mood altering substances in accordance with instructions from APRNs and physician assistants. CNAP recommends amending §353.217(1) as follows (with the changes highlighted): (1) Providers must not provide services, interact with individuals receiving services, or perform any job duties while under the influence of or impaired by alcohol or mood altering substances, including prescription medications not used in accordance with a physician's, physician assistant’s or APRN’s order. As an alternative, the subsection could be amended to read: (1) Providers must not provide services, interact with individuals receiving services, or perform any job duties while under the influence of or impaired by alcohol or mood altering substances, including prescription medications not used in accordance with a licensed prescriber’s [physician's] order. Comments on §353.801(d), (d)(3), and (d)(4) The Department of State Health Services’ (DSHS) current detoxification services rules (25 TAC §448.902) permit medical directors to designate a physician assistant or nurse practitioner to admit patients and perform the face-to-face evaluation and establish the diagnosis. While these rules fail to also include clinical nurse specialists as a medical director’s designee, CNAP encourages TDDJ not to repeat this oversight and include CNSs since many CNSs have the same qualifications as NPs. CNAP Comments Page 2 167 CNAP suggests amending Subsection (d) as follows (with changes highlighted): (d) For admission to a detoxification program, the screening will be conducted by a physician, physician assistant, APRN [nurse practitioner], registered nurse, or licensed vocational nurse (LVN). An LVN may conduct a screening under the following conditions: CNAP suggests amending Subdivision (d)(3) as follows (with changes highlighted): (3) the LVN must convey the medical data obtained during the screening process to a physician , physician assistant, or APRN in person or via telephone. The physician, physician assistant, or APRN must determine the appropriateness of the admission and authorize the admission or give instructions for an alternative course of action; and CNAP suggests amending Subdivision (d)(4) as follows (with changes highlighted): (4) the physician, physician assistant, or APRN must examine the client in person and sign the admission order within 24 hours of authorizing admission. Comments of §353.902(e)(2) If TJJD agrees with the changes CNAP suggests in 353.801 ,for consistency, the following amendment should be included in §353.902(e)(2). (2) The authorization and examination must be documented in the client record and must contain sufficient documentation to support the diagnoses and the placement decision. If the physician, physician assistant or APRN determines an admission is not appropriate, the client must be transferred to an appropriate service provider. Thank you for considering these comments. If you have any questions, please contact me at lynda.woolbert@gmail.com or 979-345-5974. If you have any questions about the licensing or practice of APRNs, you may contact Dr. Jolene Zych, the advanced practice nursing consultant for the Texas Board of Nursing, at Jolene.zych@bon.texas.gov or 512-305-6841. Sincerely, Lynda Woolbert, MS, RN, CPNP-PC Chief Executive Officer cc: Jolene Zych, PhD, RN, WHNP-BC Amy Beckmann, MS, RN, CNM, CNAP Chair Andrew Cates, General Counsel, Texas Nurses Association Erin Cusack, Public Affairs Director, Texas Nurse Practitioners CNAP Comments Page 3 168 Texas Administrative Code Chapter 353   Summary of Public Comments and Proposed Agency Responses Public Comment  Proposed Response  The term defined in §353.101(1) should be changed to  “Advanced Practice Registered Nurse” to correctly identify  the term that is defined and used in the Nursing Practice Act.  The Coalition for Nurses in Advanced Practice (CNAP) also  recommends inserting the acronym “APRN” for ease in  reading subsequent rules where that term is used. While the  Board of Nursing licenses APRNs in four roles, for purposes of  these rules, CNAP suggests recognizing only two of the roles  since nurse practitioners and clinical nurse specialists are the  only two roles with a scope of practice that would encompass  substance abuse treatment or performing physical  assessments for children and adolescents in these programs.  TJJD agrees with the suggested revision.  The proposed text in §353.101(1) has been  amended to define the term "Advanced  Practice Registered Nurse (APRN)" as  meaning a registered nurse currently  licensed by the Texas Board of Nursing to  practice as a nurse practitioner or clinical  nurse specialist.   The proposed definition in §353.101(24) states that AIDS (HIV  infection ‐ stage 3) must be diagnosed by a physician. While  the "Revised Surveillance Case Definition for HIV Infection –  United States, 2014” [CDC. MMWR 2014; 63(RR‐3)] refers to  “physician‐documented” evidence, the article never states  that only a physician can diagnose Stage 3 HIV infection.  Section 1.1.2 of the case definition states HIV infection may  be confirmed by laboratory testing and “[a] note in a medical  record by a physician or other qualified medical‐care provider  that states that the patient has HIV infection.” Therefore,  CNAP suggests revising paragraph (24) to indicate that AIDS  can only be diagnosed by a physician or other qualified  medical‐care provider using criteria established by the  National Centers for Disease Control and Prevention.  For purposes of this chapter, there is no  need to specify who is qualified to make a  diagnosis of AIDS or HIV infection. The  proposed text has been amended to  remove the phrase "which can only be  diagnosed by a physician using criteria  established by the National Centers for  Disease Control and Prevention."  The proposed definition in §353.101(38)(H) indicates that  "APN‐PMH" is an abbreviation for a psychiatric‐mental health  clinical nurse specialist or nurse practitioner. CNAP  recommends amending the wording to reflect the correct  title and initials (i.e., PMHNP and PMHCNS) these individuals  use in the course of their professional practice in Texas.  TJJD agrees with the suggested revision.  The proposed text has been amended to  refer to an "APRN licensed by the Texas  Board of Nursing as a psychiatric‐mental  health clinical nurse specialist (PMHCNS) or  psychiatric‐mental health nurse practitioner  (PMHNP)."  In Texas, physicians are not the only practitioners with  authority to prescribe dangerous drugs and controlled  substances. It is, therefore, important to amend §353.217(1)  to allow providers to take mood altering substances in  accordance with instructions from APRNs and physician  assistants.               TJJD agrees that the wording should not  indicate that physicians alone are able to  prescribe such medications. The proposed  text has been amended to state that  "providers must not provide services,  interact with individuals receiving services,  or perform any job duties while under the  influence of or impaired by alcohol or mood  altering substances, including prescription  medications not used in accordance with a  licensed prescriber’s order.    169 Texas Administrative Code Chapter 353   Summary of Public Comments and Proposed Agency Responses Public Comment  Proposed Response  The Department of State Health Services’ current  detoxification services rules (25 TAC §448.902) permit  medical directors to designate a physician assistant or nurse  practitioner to admit patients, perform the face‐to‐face  evaluation, and establish the diagnosis. While these rules fail  to also include clinical nurse specialists as a medical director’s  designee, CNAP encourages TJJD not to repeat this oversight  and to include clinical nurse specialists since many clinical  nurse specialists have the same qualifications as nurse  practitioners.  TJJD agrees that clinical nurse specialists  should be included in the group of  individuals who may be the medical  director's designee for purposes of  admitting patients, performing the face‐to‐ face evaluation, and establishing the  diagnosis. Accordingly, the proposed text of  §353.801(d) has been amended to indicate  that a physician, physician assistant, or  APRN (which includes clinical nurse  specialists) must conduct the admission  screening. Additionally, the proposed text of  §353.801(d)(3) and (d)(4) has been amended  to indicate that a physician, physician  assistant, or APRN must supervise the  screening process if the screening is  conducted by a licensed vocational nurse.  For consistency with the changes recommended in the  previous comment, §353.902(e)(2) should be amended to  include physician assistants and APRNs in the list of  individuals who may determine that an admission is not  appropriate.  TJJD agrees with the comment. The  proposed text of §353.902(e)(2) has been  amended to indicate that a physician,  physician assistant, or APRN may determine  that an admission to a detoxification  program is not appropriate.   170 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL TO ADOPT NEW 37 TAC CHAPTER 353 (SUBSTANCE ABUSE TREATMENT PROGRAMS) AND FOR APPROVAL OF RESPONSES TO PUBLIC COMMENTS On this 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: Where, among other matters, came up for consideration and adoption the following Resolution: WHEREAS, Section 221.002, Human Resources Code, requires the Board to adopt rules that provide minimum standards for the operation of substance abuse facilities that are juvenile justice facilities or juvenile justice programs, as defined by Section 261.405, Family Code; and WHEREAS, the Board previously approved the publication of proposed new 37 TAC Chapter 353 in the Texas Register for a 30-day public comment period; and WHEREAS, the Board previously granted approval to adopt the final rule text after the comment period has ended if (1) no public comments are received; (2) any additional revisions to the rule text are limited to technical, stylistic, or grammar changes or corrections of typographical errors; and (3) the Board has not otherwise directed that final adoption must occur in a subsequent Board meeting; and WHEREAS, public comments were received and the staff has recommended revisions that are not limited to technical, stylistic, or grammar changes or corrections of typographical errors; NOW, THEREFORE BE IT RESOLVED THAT the Board approves the agency's responses to the public comments and adopts new TAC Chapter 353 as proposed, with the additional revisions as noted on the accompanying memo. The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 171 172 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Jenna Reblin, Staff Attorney Subject: Discussion, consideration, and possible approval regarding the discipline of certified officers- Agreed Orders (Action) Date: January 17, 2018 The Texas Juvenile Justice Department (TJJD) has statutory authority to reprimand, suspend, or revoke the TJJD-issued certification of a certified juvenile probation or supervision officer under Section 222.053 of the Texas Human Resources Code. The officer is entitled to a hearing before the State Office of Administrative Hearings (SOAH) if revocation or suspension is requested. Agency administrative rules found in Texas Administrative Code, Title 37, Chapter 349 allow TJJD to dispose of certain disciplinary cases without referring the cases to SOAH. The rules require TJJD to give the certified officer a statement of facts or conduct alleged to warrant an adverse certification action as well as notice of the discipline sought to be imposed. The notice must invite the officer to show compliance with all requirements of law for the retention of the certification, give notice that the officer must file a written answer to the formal charges in compliance with TJJD administrative rules found in Chapter 349, and give notice that a failure to file a written answer may result in the alleged conduct being admitted as true and the relief sought being granted by default. The notice must be sent via certified mail, return receipt requested to the certified officer’s most recent address of record with TJJD. The rules allow a resolution to be negotiated informally between certified officers and TJJD through an agreed order. Attached for your review are the Agreed Order(s) and the Resolution for approval to issue a Final Agreed Order related to the disciplinary cases of certified juvenile officer(s). TJJD and the certified officer(s) have agreed to the discipline indicated. 173 12/08/2017 16:57 Tatum and Tatum (f AX;636 6394480 P.002/004 ' DOCKET NO. 18~29386-170164 i IN THE MATTER OF §j BEFORE THE §\ JOSE HERRERA CERTIFICATION NO.# 29386 §] TEXAS JUVENILE §j §! JUSTICE BOARD 1 i I AGREED ORDER I I At its scheduled board m·eeting, the Texas Juv~nile Justice Board (the Board) considered the matter of the certification of Jose Herrera (Respbndent). I I' 1 • This Agreed Order is executed pursuant to Tex;:is Government Code, Section 2001.056, which authorizes the informal dispo·sition of contested!cases. In order to conclude this matter without further delay and expense, the Texas Juvenile Jystice Department (TJJD) and Respondent agree to resolve this matter by this Agreed Order. Th~ Respondent agrees to this disposition for the I purpose of resolving this proceeding only and without admitting or denying the Findings of Fact and conclusions of Law set out int.his Agreed O~f er. The Board makes the following Findings of Fact land Conclusions of Law and enters this Agreed Order: ~ FINDINGS OF FACT II I 1. On or about May 6, 2016 and August 29, !2017, Respondent held a juvenile supervision officer certification with TJJD. i . l ! 2. On May 6, 2016 and August 29, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations rel~ting to certified juvenile supervision officers included in Texas Human Resources Code,! Chapter 222, and Texas Administrative Code, Title 37, Chapters 341~359. i · 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on May 6, 2016 and August 29, 2017 and required that certified juven~le probation and juvenile supervision officers adhere to a Code of Ethics. j i' 4. A Petition for Disciplinary Action was mailed to Respondent on October 31, 2017, and Rl:'!)JJUllUl;llll Wd~ I-'' uvh.h:u vvill'1 ll1~ upport:unity to rc~pond to the ehlllr5e3 3tatcd in the petition and to show compliance with the re,evant TJJD standards, rules, and regulations. ! ' ' Jose Herrera, Certification No. 29386 Cause No. lS-29386·170164 Agreed Order Pagel of 3 174 12/08/2017 16:58 Tatum and Tatum ' -- (FAX;636 6394480 P.003/004 ..... 5. The Petition for Disciplinary Action alleged the following: ! a. b. c. i i On or about May 6, 2016, Responden~ engaged in conduct meeting the definition of abuse as defined by Texas FamilYi Co~e Section 261.401 when Respondent intentionally, knowingly, or recklessly 1engaged in an act that caused or may cause emotional harm or physical injury toJ Juvenile 1, a child served by the facility or program to-wit: Respondent gave J~venile 1 a controlled substance without a prescript ion. ! On or about May 6, 2016, RespondentiI violated 37 Texas Administrative Code Section 345.310(c)(2}(1) when Respondent po~sessed and delivered an item of contraband onto the grounds of a juvenile facilify, program, or department beyond the time peri·od required to immediately report and deliver the item to the proper authority within the facility, program, or depart~ent. On or about August 29, 2017, Respdndent violated 37 Texas Administrative (:ode Section 345.310{c)(2)(G) when she wa~ designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. i 'I' CONCLUSlo'NS OF LAW I :' 1. Respondent is subject to the jurisdiction of TJJD arid is required to comply with all TJJD standards, rules, and regulations including qhapters 341-359 of Texas Administrative Code, Title 37, and all state and federal laws. ! i i 2. Texas Administrative Code, Title 37, Chapter 349 provides for the disciplining of a certified juvenile probation or juvenile supervision offlcer whose acts or omissions violate the law, including TJJD standards, rules, and regulations. I I ' 3. Respondent's conduct is a violation of Texas Family Code Section 261.401, 37 Texas Administrative Code Section 345.310(c)(2)~1) and 37 Texas Administrative co·de Section i 345.310(c)(2)(G}. ORDERING PROVISIONS j IT IS THEREFORE ORDERED by the Board of the fexas Juvenile Justice Department that: ' ! 1. The certification of Jose Herrera as a juvenil~ supervision officer is permanently revoked. i i I 2. Upon approval of the Board, the Executive Director of TJJD is authorized to sign this order on behalf of the Board. Jose Herrera, Certification No. 29386 cause No. 18-29386·170164 Agreed Order Page 2 of 3 175 12108/2017 16:58 Tatum and Tatum P.004/004 'i I j 3. By signing this Agreed Order, Respondent waives the right to a formal hearing and any right to judicial review of this Agreed Order. l I . I, JQSE HERRERA, RESPONDENT, HAVE READ ~ND UNDERSTAND THE FOREGOING AGREED ! . DISPOSITION ORDER. I UNDE'RSTAND THAT BY !SIGNING THIS AGREED DISPOSITION ORDER, I I WAIVE CERTAIN I SIGN RIGHTS. VOLU~TARILY, IT I . I WILLINGLY, AND . KNOWINGLY. I UNDERSTAND "fHIS AGREED DISPOSITION ORDER CONTAINS THE ENTIRE AGREEMENT ANO I THERE IS NO OTHER AGREEMENT OF ANY KIND)' VERBAL, WRITTEN, OR OTHERWISE. DATED: ) i ·J...- 7 .,. I , 2017 I ! STATEOFT~ COUNTYOF Jose Herrera e ILQl'§l§ Before me, the undersigned notary public on th js day personally appeared Jose Herrera, known to me (or proved to me on the oath j of or through - - - -- ----,,,--\ ('1etse:r,iption of identity card or other document) to be the person whose name is subsxr.ip~P. . ~.{or,egoing ~nstrument and acknowledged to me that he executed the same fQ't~~poS'e~·¥JtY.consideration therein xpressed. :0/~o - ~ ">-1 .. : :. \ ,, * '0\~ : u.. ... 'lo~ : 'l's or~~ / ••• SXP\R~.., ••• ..~ 0 : - ... ·°"°-' . ., 8·....... 09"2~, '' (Notarysea'111 1 ,.. ·-··· by the duly authorized ~Q C~.tv\.her l9 , 2017. Approved ' I I j 1· I Notary Public in 1 M'V Commission Expires: r. /'/\ -u ~riq ~/i 1.11 UW - C//U/' l Ii I David Reilly, Executive Director Jose Herrera, Certification No. 29386 Cause No. 18·29386·170164 Agreed Order Page 3 of 3 176 DOCKET NO. 18-18779-170351 IN THE MATTER OF MARIA DEAL CERTIFICATION NO.# 18779 § § § § § BEFORE THE TEXAS JUVENILE JUSTICE BOARD AGREED ORDER At its scheduled board meeting, the Texas Juvenile Justice Board (the Board) considered the matter of the certification of Maria Deal (Respondent). This Agreed Order is executed pursuant to Texas Government Code, Section 2001.056, which authorizes the informal disposition of contested cases. In order to conclude this matter without further delay and expense, the Texas Juvenile Justice Department (TJJD) and Respondent agree to resolve this matter by this Agreed Order. The Respondent agrees to this disposition for the purpose of resolving this proceeding only and without admitting or denying the Findings of Fact and Conclusions of Law set out in this Agreed Order. The Board makes the following Findings of Fact and Conclusions of Law and enters this Agreed Order: FINDINGS OF FACT 1. On or about July 5, 2017 and August 29, 2017, Respondent held a juvenile supervision officer certification with TJJD. 2. On or about July 5, 2017 and August 29, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222, and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on July 5, 2017 and August 29, 2017 and required that certified juvenile probation and juvenile supervision officers adhere to a Code of Ethics. 4. A Petition for Disciplinary Action was mailed to Respondent on November 14, 2017, and Respondent was provided with the opportunity to respond to the charges stated in the petition and to show compliance with the relevant TJJD standards, rules, and regulations. Maria Deal, Certification No. 18779 Cause No. 18-18779-170351 ,j\greed Order Page 1of3 177 5. The Petition for Disciplinary Action alleged the following: a. b. On or about July 5, 2017, Respondent violated Texas Administrative Code Section, Title 37, Section 345.310(c)(l)(J) when Respondent failed to treat all juveniles and their families with courtesy, consideration, and dignity, to wit: Respondent was handed a letter by Juvenile 1 labeled "Suicide Letter I am so sorry" and allowed Juvenile 1 to return home without consideration for Juvenile l's welfare. On or about August 29, 2017, Respondent violated Texas Administrative Code, Title 37, Section 345.310(c)(2)(G) when she was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. CONCLUSIONS OF LAW 1. Respondent is subject to the jurisdiction of TJJD and is required to comply with all TJJD standards, rules, and regulations including Chapters 341-359 of Texas Administrative Code, Title 37, and all state and federal laws. 2. Texas Administrative Code, Title 37, Chapter 349 provides for the disciplining of a certified juvenile probation or juvenile supervision officer whose acts or omissions violate the law, including TJJD standards, rules, and regulations. 3. Respondent's conduct is a violation of Texas Administrative Code, Title 37, Section 345.310(c)(l)(J) and Texas Administrative Code, Title 37, Section 345.310(c)(2)(G). ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Board of the Texas Juvenile Justice Department that: 1. The certification of Maria Deal as a juvenile supervision officer is suspended for eight months and that such suspension period be probated beginning on the date the Resolution regarding Agreed Orders are signed by the Board and such probation term shall expire on the eight month after the anniversary date of the signed Resolution. 2. Upon approval of the Board, the Executive Director of TJJD is authorized to sign this order on behalf of the Board. 3. By signing this Agreed Order, Respondent waives the right to a formal hearing and any right to judicial review of this Agreed Order. Maria Deal, Certification No. 18779 Cause No. 18-18779-170351 Agreed Order Page 2 of 3 178 I, MARIA DEAL, RESPONDENT, HAVE READ AND UNDERSTAND THE FOREGOING AGREED DISPOSITION ORDER. I UNDERSTAND THAT BY SIGNING THIS AGREED DISPOSITION ORDER, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY, WILLINGLY, AND KNOWINGLY. I UNDERSTAND THIS AGREED DISPOSITION ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN, OR OTHERWISE. DATED: Daecrl:>er ~ , 2017 (f\~ A J~ 'lLOooiJ Maria Deal STATE OF TEXAS couNTYOF Bee.or § § Before me, the undersigned notary public, on this day personally appeared aria Deal known to me, or proved to me on the oath of or through IX DL'f:F-t'.2'-/q6'S:3? (description of identity card or other document), to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he ex d consideration therein expressed. ,,\,11111,1, ,, i-\\1 P(JO.'' PAULA M A.A IN f o_. J.-;;·.~ff:.Notary Public. State a I Texas ~,;.:.,~ ·'"'~ Comm Expires OB-27-2021 -;. ";;'· ~, .. '-,/f'oi\'•i/' ,,,,.,,,, Nota rv JD 1295•0022 (Notary Seall @~121-~ Notary Public in and for the State of Texas My Commission Expires: f the facility, program or department, to wit: Respondent pushed Juvenile 1 into chai ·s, causing injury to Juvenile 1. On or about August 29, 2017, Respo 1dent violated 37 Texas Administrative Code Section 345.310(c)(2.)(G) when he w ;as designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. 1. c. CONCLUSIOt'~S OF LAW 1. Respondent is subject to the jurisdiction 01 TJJD and is required to comply with all TJJD standards, rules, and regulations including C lapters 341-359 of Texas Administrative Code, Title 37; and all state and federal laws. 2. Texas Administrative Code, Title 37, Chapter 349 provides for the disciplining of a certified juvenile probation or juvenile supervision o ficer whose acts or omissions violate the law, including TJJD standards, rules, and regulatio is. 3. Respondent's conduct is a violation of Texas Family Code Section 261.401, Texas Administrative Code, Title 37, Section 345.3 L0(c)(2)(J) and Texas Administrative Code, Title 37, Section 345.310(c)(2)(G). ORDERIN(} PROVISIONS IT IS THEREFORE ORDERED by the Board of the · "exas Juvenile Justice Department that: 1. The certification of Darrian Perriatt as a j:U\ enile supervision officer is suspended for one year, with two-weeks of the suspension period active and the remainder of the suspension period probated beginning on. ti e date the Resolution regarding Agreed Orders are signed by the Board and such probatior term shall expire on the one-year anniversary date of the signed Resolution. 2. Upon approval of the Board, the Executive )irector of TJJD is authorized to sign this order · on behalf of the Board. oarrian Perriatt, Cenification No. 30818 Cause No. 18·30818·170251 Agreed Order Page 2 of 3 187 3. By signing this Agreed Order, Respondent W• 1ives the right to a formal hearing and any right to judicial review of this Agreed Order. I, DARRIAN PERRIATT, RESPONDENT, HAW: READ AND UNDERSTAND THE FOREGOING AGREED DISPOSITION ORDER. I UNDERSTAND THAT BY SIGNING THIS AGREED DISPOSITION ORDER, I WAIVE CERTAIN RIGHTS. I SIGN ITV JLUNTARILV, WILLINGLY, AND KNOWINGLY. I UNDERSTAND THIS AGREED DISPOSITION ORC•ER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIN1D VERBAL, WRITTEN, OR OT DATED: Ub'Vtt1\ b q 2017 Darrian Perriatt ST ATE Of TEXAS COUNTY OF f{Q((i, § § 5 Before me, the undersigned notary public 1 c-n this day P1:o~bated beginning on the date the Resolution regarding Agreed Orders are signed by the Board and such probation term shall expire on the oneyear anniversary date of the signed Resolution. 2. Upon approval of the Board, the Executive Director of TJJD is authorized to sign this order on behalf of the Board. 3. By signing this Agreed Order, Respondent waives the right to a formal hearing and any right to judicial review of this Agreed Order. Brittany Pere~. Certification No. 31465 Cause No. l.7·314GS Allreed Order Page 2 of 3 6 L: 2 L 02- LL 190 -l L02 I, BRITTANY PEREZ, RESPONDENT, HAVE READ AND UNDERSTAND THE FOREGOING AGREED DISPOSITION ORDER. I UNDERSTAND THAT BY SIGNING THIS AGREED DISPOSITION ORDER, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY, WILLINGLY, AND KNOWINGLY. I UNDERSTAND THIS AGREED DISPOSITION ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN, OR OTHERWISE. DATED: lll ?!D/ I 2017 Brittany Perez STATE OF TEXAS COUNTY Of k § rv>\ a.J..\ § Before me, the undersigned notary public on this day personally appeared Brit tany Perez, known to me (or proved to me on the oath of 1 or through --y,iDL Jl...¥: SilY lrt-~ (description of identity card or other document) to be the person whose narne is subscribed to the foregoing instrument and acknowledged to me that he ein expressed. executed the same for the purposes and consideration t My Commission Expires: ' Approved by I\ l 2-2. I ".2 b the duly authorized ~c..-e~"'-k:er l~ , 2017. Executive Director Brittany flerez, Certification No. 31465 Cause No. 17-31465 Agreed Order Pace 3 of 3 6L=2L 02-LL-LL02 191 DOCKET NO. 17-31491-170321 IN THE MATTER OF ELLA SOTO CERTIFICATION NO.# 31491 § § § § § BEFORE THE TEXAS JUVENILE JUSTICE BOARD AGREED ORDER At its scheduled board meeting, the Texas Juvenile Justice Board (the Board) considered the matter of the certification of Ella Soto (Respondent). This Agreed Order is executed pursuant to Texas Government Code, Section 2001.056, which authorizes the informal disposition of contested cases. In order to conclude this matter without further delay and expense, the Texas Juvenile Justice Department (TJJD) and Respondent agree to resolve this matter by this Agreed Order. The Respondent agrees to this disposition for the purpose of resolving this proceeding only and without admitting or denying the Findings of Fact and Conclusions of Law set out in this Agreed Order. The Board makes the following Findings of Fact and Conclusions of Law and enters this Agreed Order: FINDINGS OF FACT 1. On or about June 14, 2017 and July 17, 2017, Respondent held a juvenile supervision officer certification with TJJD. 2. On June 14, 2017 and July 17, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222, and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on June 14, 2017 and July 17, 2017 and required that certified juvenile probation and juvenile supervision officers adhere to a Code of Ethics. 4. A Petition for Disciplinary Action was mailed to Respondent on October 3, 2017, and Respondent was provided with the opportunity to respond to the charges stated in the petition and to show compliance with the relevant TJJD standards, rules, and regulations. Ella Soto, Certification No. 31491 Cause No. 17-31491-170321 Agreed Order Page 1of3 192 5. The Petition for Disciplinary Action alleged the following: a. b. c. On or about June 14, 2017, Respondent engaged in conduct meeting the definition of neglect as defined by Texas Family Code Section 261.401 when Respondent engaged in a negligent act or omission that caused or may have caused substantial emotional harm or physical injury to, or the death of, a child served by the facility, to wit: Respondent falsified room checks by indicating she had performed them when she had not. On or about June 14, 2017, Respondent violated TJJD standards, rules and regulations under 37 Texas Administrative Code Section 345.310(c)(2)(K) when Respondent falsified or made material omissions to government records, to-wit: Respondent falsified room checks by indicating she had performed them when she had not. On or about July 17, 2017, Respondent violated 37 Texas Administrative Code Section 345.310(c)(2)(G) when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. CONCLUSIONS OF LAW 1. Respondent is subject to the jurisdiction of TJJD and is required to comply with all TJJD standards, rules, and regulations including Chapters 341-359 of Texas Administrative Code, Title 37, and all state and federal laws. 2. Texas Administrative Code, Title 37, Chapter 349 provides for the disciplining of a certified juvenile probation or juvenile supervision officer whose acts or omissions violate the law, including TJJD standards, rules, and regulations. 3. Respondent's conduct is a violation of Texas Family Code Section 261.401, Texas Administrative Code, Title 37, Section 345.310(c)(2)(K) and Texas Administrative Code, Title 37, Section 345.310(c)(2)(G). ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Board of the Texas Juvenile Justice Department that: 1. The certification of Ella Soto as a juvenile supervision officer is suspended for one year, with two-weeks of the suspension period active and the remainder of the suspension period probated beginning on the date the Resolution regarding Agreed Orders are signed by the Board and such probation term shall expire on the one-year anniversary date of the signed Resolution. Ella Soto, Certification No. 31491 Cause No . 17-31491-170321 Agreed Order Page 2 of 3 193 2. Upon approval of the Board, the Executive Director of TJJD is authorized to sign this order on behalf of the Board . 3. By signing this Agreed Order, Respondent waives the right to a formal hearing and any right to judicial review of this Agreed Order. I, ELLA SOTO, RESPONDENT, HAVE READ AND UNDERSTAND THE FOREGOING AGREED DISPOSITION ORDER. I UNDERSTAND THAT BY SIGNING THIS AGREED DISPOSITION ORDER, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY, WILLINGLY, AND KNOWINGLY. I UNDERSTAND THIS AGREED DISPOSITION ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN, OR OTHERWISE. DATED : O~MA . XZ~o17 Ella Soto STATE OF TEXAS COUNTY OF V/C..TDRJ/\ § § Before me, the undersigned notary public on this day personally a~ pea red Ella Sot o, known to me (or proved to me on the oath of or through - - - - - - -- - - (description of identity card or other document) to be the person whose ,~i\'™ii is su bscribed to the foregoing instrument and acknowledged to me that he ~~~ ex~~'{i;MW~forthe purposes and consideratio n therein expressed . $§ ••• ~"{ Plle. •.. ~ ·. Lt.Joe. tlr- Ac__u nCL I ,,,,, ?' ?0 ••. ~ -~:::~ .: .• ~* .= ~ ~ ~ -:;.~ .,, : ..4._"t' : ~ ·~ : ~ ~ cP ~ ,q..·,.. -i-'7"-- -~ --f-''"-""'........."'-i---7'---r<:.::..:....'-'"-'"-=~- Notary ~~ •••.A ~l'f OF \'<-~ ' .•." ~;: ~ •;.'!ff 126$~ · ·~Q §. ~ A;!,~··• :-:'b''.~~ry Seal) ~1i.".'~ 1c.;, 12.·iv- '!<.,\~ My Commission Expires: iJ.(orn&/L 191 2019 ~'''''"'"'"''''~ Approved by the duly authorized ~C.:ev~ l ~ · , 2017. David Reilly, Ella Soto, Certification No. 31491 Cause No. 17-31491-170321 Agreed Order Page 3 of 3 194 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL OF AGREED ORDER(S) RELATED TO DISCIPLINARY CASES OF CERTIFIED JUVENILE PROBATION OR SUPERVISION OFFICERS On this the 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit and where, among other matters, came up for consideration and adoption the following Agreed Order(s) in the following matter(s) related to the discipline of certified juvenile supervision officer(s): ITEM a. BOARD MEMBER DOCKET NUMBER NAME, CERTIFICATION NUMBER AND LOCATION Jose Herrera, 29386 Angelina County Juvenile Detention Center 18-29386-170164 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM b. BOARD MEMBER DOCKET NUMBER ABSENT YES PRESENT ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ABSENT YES Angelina NO ABSTAIN Second: RECOMMENDED DISCIPLINE Maria Deal, 18779 Bexar County Juvenile Probation Department NO COUNTY Revocation NAME, CERTIFICATION NUMBER AND LOCATION 18-18779-170351 PRESENT RECOMMENDED DISCIPLINE COUNTY 1 yr. suspension, 2 wks. active remainder probated PRESENT ABSENT YES NO Bexar ABSTAIN Second: 195 ITEM c. BOARD MEMBER DOCKET NUMBER NAME, CERTIFICATION NUMBER AND LOCATION 17-29456-170184 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM d. BOARD MEMBER DOCKET NUMBER NAME, CERTIFICATION NUMBER AND LOCATION Jesus Peralta, 17753 El Paso County Juvenile Detention Center 17-17753-170220 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM e. BOARD MEMBER DOCKET NUMBER NAME, CERTIFICATION NUMBER AND LOCATION Darrian Perriatt, 30818 Burnett Bayland Rehabilitation Center 18-30818-170251 PRESENT ABSENT YES RECOMMENDED DISCIPLINE Taylor Garner, 29456 Denton County Juvenile Detention Center NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: COUNTY Revocation PRESENT ABSENT YES Denton NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY 1 yr. suspension, 2 wks. active remainder probated PRESENT ABSENT YES NO El Paso ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY 1 yr. suspension with 2 wks. active Harris remainder probated PRESENT ABSENT YES NO ABSTAIN Second: 196 ITEM DOCKET NUMBER NAME, CERTIFICATION NUMBER AND LOCATION 17-31465 Brittany Perez, 31465 The Youth Center of the High Plains f. BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM g. BOARD MEMBER DOCKET NUMBER NAME, CERTIFICATION NUMBER AND LOCATION Ella Soto, 31491 Victoria Regional Juvenile Justice 17-31491-170321 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: RECOMMENDED DISCIPLINE COUNTY 1 yr. suspension, probated PRESENT ABSENT YES NO Randall ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY 1 yr. suspension with 2 wks. active Victoria remainder probated PRESENT ABSENT YES NO ABSTAIN Second: WHEREAS, the Board has jurisdiction over these actions pursuant to Texas Human Resources Code §222.053 and Texas Administrative Code, Title 37, §349.305 et seq. and authority to enter an Agreed Order under Texas Administrative Code, Title 37, §349.360, pursuant to Texas Government Code §2001.056; and WHEREAS, the Board considered each matter and a motion to adopt the recommended findings and facts and conclusions of law as set forth in each Agreed Order was lawfully moved, duly seconded, and approved by a majority of the present and voting members of the Texas Juvenile Justice Board; and NOW, THEREFORE BE IT RESOLVED THAT the Board approves the Agreed Order(s) in each matter and that a copy of this Resolution shall be affixed to each Order. The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this the 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 197 198 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Jenna Reblin, Staff Attorney Subject: Discussion, consideration, and possible approval regarding the discipline of certified officers- Default Orders (Action) Date: January 17, 2018 The Texas Juvenile Justice Department (TJJD) has statutory authority to reprimand, suspend, or revoke the TJJD-issued certification of juvenile probation and detention officers under Texas Human Resources Code §222.053. The officer is entitled to a hearing before the State Office of Administrative Hearings if revocation or suspension is requested. The Administrative Procedures Act (Tex. Gov. Code §2001.056) provides that cases may be disposed by default if agency rules allow it. TJJD rules allow for a default order to be issued by the Texas Juvenile Justice Board upon the recommendation of the Executive Director if there is proof of proper notice to the certified officer when the officer fails to respond to the formal charges. The default order is to be based on the factual allegations and the sanctions recommended in the formal charges (37 TAC §349.340.) Proper notice is notice sufficient to comply with Texas Government Code Section 2001.054 and 37 TAC §349.320, which require TJJD to provide the certified officer written notice that: 1. was addressed to the certified officer and sent by certified mail, return receipt requested, to the certified officer’s most recent address of record with TJJD; 2. contained a statement of facts or conduct alleged to warrant an adverse certification action; 3. invited the certified officer to show compliance with all requirements of law for the retention of the certification; 199 4. included in capital letters in 12-point boldface type the following statement: “FAILURE TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY DEFAULT;” and 5. stated that within 20 days of receipt of the notice, the certified officer shall file a written answer to the formal charge(s) that meets the requirements of 37 TAC §§349.340 and 349.370. Notice is effective and service complete when the notice is sent by regular or certified mail, return-receipt requested. Notice is presumed received three days after mailing if the wrapper containing the documents is not returned to the Department. In the case of a default, the certified officer will be deemed to have: 1. 2. 3. 4. admitted all of the factual allegations in the formal charges; waived the opportunity to show compliance with the law; waived the opportunity for a hearing on the formal charges; and waived objection to the sanction(s) recommended in the formal charges. The Texas Juvenile Justice Board, after consideration of the case, may: 1. enter a default order under Texas Government Code §2001.056 or 2. order the matter set for a hearing at SOAH. We respectfully request that the Board grant the Default Order(s) in the requested case(s). Attached for your review is the Affidavit of Attorney for each case. The Affidavit explains the notice given, the lack of response, the alleged conduct and violations, and the requested sanction(s). A proposed Default Order for each case is also attached. 200 DOCKET NO. 18-31329-170253 IN THE OF BEFORE THE BRENDEN STADELMAN TEXAS JUVENILE CERTIFICATION NO. 31329 2 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Brenden Stadelman (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about April 29, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about April 29, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341?359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about April 29, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual Brenden Stadelman, Certification it 31329 Default Order Docket No. 18-31329-170253 Page 1 of 3 201 working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must treat all juveniles and their families with courtesy, consideration, and dignity. 8. On or about April 29, 2017, Respondent allowed Juvenile 1 2 to engage in slap boxing without attempting to stop the conduct and without reporting the conduct. 9. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on October 31, 2017. 10. More than twenty days have elapsed since November 3, 2017, the date Respondent is presumed to have received notice of the formal charges. 11. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 14, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7 and 8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9-11, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Brenden Stadelman is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. Brenden Stadelman, Certification it 31329 Default Order Docket No. 18?31329-170253 Page 2 of 3 202 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of TJJD's order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Brenden Stadelman, Certification 31329 Default Order Docket No. 18-31329-170253 Page 3 of 3 203 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS ?My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Brenden Stadelman, was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on October 31, 2017, to the most recent address of record for Brenden Stadelman as registered with the Texas Juvenile Justice Department. 2. The wrapper sent by regular mail has not been returned. 3. Notice is presumed received no later than three days after mailing. 4. The written notice and petition indication that on or about April 29, 2017, Respondent violated Texas Family Code Section 261.401, to wit: Respondent allowed Juvenile 1 2 to engage in sl?ap boxing without attempting to stop the conduct and without reporting the conduct. 5. The written notice and petition indicated that on or about April 29, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent allowed Juvenile 1 2 to engage in slap boxing without attempting to stop the conduct and without reporting the conduct. 6. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. 7. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY 8. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt of the notice. 9. Twenty days have elapsed since November 3, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Brenden Stadelman, Certification 31329 Page 1 of 2 Default Order Affidavit ofJenna Reblin 204 :7 - Jenna- blin, A?ttorney Signed this the 13th day of December 2017 Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregding instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 Notary Public in and for the State of Texas *hta'xgyg? DE BBI Notary Public, State of Texas My Commission Expires inn-"mt? 2m 9 My Commission expires: (QC) 6? 3 In; J, NOTARY WITHOUT BOND (Notary Seal) Page 2 of 2 Brenden Stadelman, Certification 31329 Default Order Affidavit of Jenna Reblin 205 DOCKET NO. 17-31111-170168 IN THE MATTER OF BEFORE THE 5 MARCOS MARMOLEJO TEXAS JUVENILE CERTIFICATION NO. 31111 5 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of the Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code, Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Marcos Marmolejo (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about February 10, 2017, Respondent held a juvenile supervision officer certification with the Texas Juvenile Justice Department (TJJD). 2. On or about February 10, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about February 10, 2017, and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Marcos Marmolejo, Certification 31111 Default Order DocketkNo. 17-31111-170168 Page 1 0f 3 206 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not utilize unnecessary force or violence and shall only use the amount of force reasonably necessary and appropriate when justified to ensure the security ofjuveniles, the facility, program or department. 8. On February 10, 2017, Respondent grabbed Juvenile 1?s arm and extended it behind Juvenile 1?s back, causing pain. 9. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested, and first class mail on September 7, 2017. 10. More than twenty days have elapsed since September 13, 2017, the date Respondent is presumed to have received notice of the formal charges. 11. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7-8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9-11, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Marcos Marmolejo is suspended for one year and such suspension is probated. Marcos Marmolejo, Certification 31111 Default Order Docket No. 17-31111?170168 Page 2 of 3 207 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of TJJD's order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section 2001.146le), the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified ofthe Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Marcos Marmolejo, Certification it 31111 Default Order Docket No. 17?31111-170168 Page 3 of 3 208 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS "My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. 10. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Marcos Marmolejo, was sent via certified mail, return receipt requested, and via first class mail, postage prepaid, on September 7, 2017, to the most recent address of record for Marcos Marmolejo as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested was returned marked unclaimed by United States Postal Service. Notice is presumed received no later than three days after mailing. The written notice and petition indication that on or about October 30, 2016, Respondent violated Texas Family Code Section to wit: Respondent grabbed Juvenile 1?s arm and extended it behind Juvenile 1?s back, causing pain. The written notice and petition indicated that on or about October 30, 2016, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent grabbed Juvenile 1?s arm and extended it behind Juvenile 1?s back, causing pain. The written notice and petition informed Respondent that TJJD was seeking a one?year suspension of the officer?s juvenile supervision officer certification and that such suspension be probated. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY The written notice informed Respondent of the requirement to file a?written response within twenty days of receipt of the notice. Twenty days have elapsed since September 13, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Marcos Marmolejo, Certification it 31111 Page 1 of 2 Default Order Affidavit of Jenna Reblin 209 Signed this the 13th day of December 2017 Ewe LE4 7 Jennie Reblin: Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 i? .. DEBBI MCDAID 310.5}. mm . Q7777 Notary Public. State ofiexos - MV ?piles Notary Public in and for the State of Texas September Oi . 20 9 I. or 3:5. .. ?Hum" BOND My Commission expires: met Marcos Marmolejo, Certification 31111 Default Order Page 2 of 2 Affidavit of Jenna Reblin 210 DOCKET NO. 17-27021-170170 IN THE MATTER OF 5 BEFORE THE RICHARD RAMSEY TEXAS JUVENILE CERTIFICATION NO. 27021 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Richard Ramsey (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about February 10, 2017 and May 31, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about February 10, 2017 and May 31, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about February 10, 2017 and May 31, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Richard Ramsey, Certification 27021 Default Order Docket No. 17-27021-170170 Page 1 of 3 211 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not utilize unnecessary force or violence and shall only use the amount of force reasonably necessary and appropriate when justified to ensure the security ofjuveniles, the facility, program or department. 8. On or about February 10, 2017, Respondent grabbed and pushed Juvenile 1 against a wall during a restraint. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about May 31, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11.TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on October 4, 2017. 12. More than twenty days have elapsed since October 6, 2017, the date Respondent is presumed to have received notice of the formal charges. 13. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7-8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9-10, Respondent?s actions violated Texas Administrative Code, Title 37, Section Richard Ramsey, Certification 27021 Default Order Docket No. 17-27021-170170 Page 2 of 3 212 5. As evidenced by Findings of Facts 11-13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Richard Ramsey is one-year suspension of Respondent's certification, with thirty days of the suspension period active and the remainder ofthe suspension period probated. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Richard Ramsey, Certification 27021 Default Order Docket No. 17-27021?170170 Page 3 of 3 213 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS "My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Richard Ramsey, was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on October 4, 2017, to the most recent address of record for Richard Ramsey as registered with the Texas Juvenile Justice Department. 2. The wrapper sent by regular mail has not been returned. 3. The wrapper sent by certified mail, return receipt requested indicates this item was delivered on October 6, 2017. 4. Notice is presumed received no later than three days after mailing. 5. The written notice and petition indication that on or about February 10, 2017, Respondent violated Texas Family Code Section to wit: Respondent grabbed and pushed Juvenile 1 against a wall during a restraint. 6. The written notice and petition indicated that on or about February 10, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent grabbed and pushed Juvenile 1 against a wall during a restraint. 7. The written notice and petition indicated that on or about May 31, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. 8. The written notice and petition informed Respondent that TJJD was seeking a one-year suspension of Respondent's certification, with thirty days of the suspension period active and the remainder of the suspension period probated. 9. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY Richard Ramsey, Certification 27021 Page 1 of 2 Default Order Affidavit of Jenna Reblin 214 10. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt ofthe notice. 11. Twenty days have elapsed since October 6, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Signed this the 13th day of December 2017 '1 L-Mrt big ?r Jenna Reblin, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 DEBBI MCDAID 9 . WM . ?$230, ES Expires Notary Public in and for the State of Texas 643353;. September Di 2019 rev WITHOUT BOND . . . . My expires: cl 30 Richard Ramsey, Certification 27021 Page 2 of 2 Default Order Affidavit of Jenna Reblin 215 DOCKET NO. 17-12085 IN THE MATTER OF BEFORE THE DYSHEL STANFORD TEXAS JUVENILE CERTIFICATION NO. 12085 .IUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of the Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code, Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Dyshel Stanford (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about June 15, 2017, Respondent held a juvenile probation officer certification with the Texas Juvenile Justice Department (TJJD). 2. On or about June 15, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile probation officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about June 15, 2017, and required that certified juvenile probation officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not falsify or make material omissions to governmental records. Dyshel Stanford, Certification 12085 Default Order Docket No. 17-12085 Page 1 of 3 216 6. On or about June 15, 2017, Respondent recorded case management contact records for home visits she did not perform. 7. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested, and first class mail on October 6, 2017. 8. More than twenty days have elapsed since October 14, 2017, the date Respondent is presumed to have received notice of the formal charges. 9. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5-6, Respondent?s actions violated Texas Administrative Code, Title 37, Section 3. As evidenced by Findings of Facts 7-9, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile probation officer certification of Dyshel Stanford is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. Dyshel Stanford, Certification 12085 Default Order NO. 17-12085 Page 2 of 3 217 This Order shall not be final and effective until twenty-five days after a party is notified of TJJD's order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified ofthe Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Di5position Master Order dated January 26, 2018 Dyshel Stanford, Certification it 12085 Default Order Docket No. 17-12085 Page 3 of 3 218 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS 13? ?My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts Stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges and addressed to Respondent, Dyshel Stanford was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on October 6, 2017, to the most recent address of record for Dyshel Stanford as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested indicates this item was delivered on October 14, 2017. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about June 15, 2017, Respondent violated Texas Administrative Code, Title 37, Section when Respondent recorded case management contact records for home visits she did not perform. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile probation officer. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY The written notice informed Respondent of the requirement to file a written response within twenty days of receipt of the notice. Twenty days have elapsed since October 14, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges." Dyshel Stanford, Certification 12085 Page 1 of 2 Default Order Affidavit ofJenna Reblin 219 Signed this the 13th day of December 2017 \?V/wvl Jenna Reblin, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 Si??ijgg, DEBBIMCDAID . - - N0T0W Pub'iC' 31018 My Commission Expires . . September 01' 2019 Notary Public In and for the State of Texas NOTARY WITHSUT BOND (NotarvSeaIi My Commission expires: 963 Lol I2. 1" mum.- Frla Hf; a. ..-1: JIfllan? Page 2 of 2 Dyshel Stanford, Certification 12085 Default Order Affidavit of Jenna Reblin 220 DOCKET NO. 17-27475-170220 IN THE MATTER OF 5 BEFORE THE ESEQUIEL GURROLA TEXAS JUVENILE CERTIFICATION NO. 27475 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department's staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Esequiel Gurrola (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about April 2, 2017 and May 31, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about April 2, 2017 and May 31, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about April 2, 2017 and May 31, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Esequiel Gurrola, Certification ii 27475 Default Order Docket No. 17-27475-170220 Page 1 of 4 221 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. On or about April 2, 2017, Respondent used unnecessary force to take Juvenile 1 down to the floor and caused injury to Juvenile 1. 8. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not utilize unnecessary force or violence and shall only use the amount of force reasonably necessary and appropriate when justified to ensure the security ofjuveniles, the facility, program or department. 9. On or about April 2, 2017, Respondent used his body weight to take Juvenile 1 to the floor during a restraint. 10. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must abide by all federal laws, guidelines and rules, state laws, and TJJD administrative rules. 11. On or about April 2, 2017, Respondent used a restraint technique on Juvenile 1 that was not consistent with the approved personal restraint technique adopted by the facility under 37 Texas Administrative Code 12. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 13. On or about May 31, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 14. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on November 14, 2017. 15. More than twenty days have elapsed since November 17, 2017, the date Respondent is presumed to have received notice ofthe formal charges. 16. To date, Respondent has not filed an answer to the formal charges. Esequiel Gurrola, Certification 27475 Default Order Docket No. 17-27475-170220 Page 2 of 4 222 CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 7, Respondent abused a child as defined in Texas Family Code Section 261.401. 3. As evidenced by Findings of Facts 8 and 9, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 10 and 11, Respondent?s actions violated Texas Administrative Code, Title 37, Section 5. As evidenced by Findings of Facts 12 and 13, Respondent?s actions violated Texas Administrative Code, Title 37, Section 6. As evidenced by Findings of Facts 14-16, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Esequiel Gurrola is one-year suspension of Respondent's certification, with two weeks of the suspension period active and the remainder of the suspension period probated. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty?five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. Esequiel Gurrola, Certification 27475 Default Order Docket No. 17-27475-170220 Page 3 of 4 223 TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Esequiel Gurrola, Certification 27475 Defauit Order Docket No. 17-27475-170220 Page 4 of 4 224 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS "My name is Jenna Reblin. lam of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Esequiel Gurrola, was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on November 14, 2017, to the most recent address of record for Esequiel Gurrola as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested was returned marked unclaimed by United States Postal Service. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about April 2, 2017, Respondent violated Texas Family Code Section 261.401, to wit: Respondent used unnecessary force to take Juvenile 1 down to the floor and caused injury to Juvenile 1. The written notice and petition indicated that on or about April 2, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent used his body weight to take Juvenile 1 to the floor during a restraint. The written notice and petition indicated that on or about April 2, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent used a restraint technique on Juvenile 1 that was not consistent with the approved personal restraint technique adopted by the facility under 37 Texas Administrative Code The written notice and petition indicated that on or about May 31, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking one-year suspension of Respondent's certification, with two weeks of the suspension period active and the remainder of the suspension period probated. Esequiel Gurrola, Certification 27475 Page 1 of 2 Default Order Affidavit ofJenna Reblin 225 10. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY 11. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt ofthe notice. 12. Twenty days have elapsed since November 17, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges." 313.29% Ir? Jenna Reblin, Attorney Signed this the 13th day of December 2017 Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 MCDAID Mn 5? g& - Notary Public. State of Texas My Commission Expires Notary Public In and for the State of Texas I e; .1523? September 01. 2019 BOND My Commission expires: Gk I Sedigt Esequiel Gurrola, Certification 27475 Page 2 of 2 Default Order Affidavit of Jenna Reblin 226 DOCKET NO. 16?24200-160208 IN THE MATTER OF BEFORE THE DANIEL HALE TEXAS JUVENILE CERTIFICATION NO. 24200 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Daniel Hale (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about February 16, 2016 and March 11, 2016, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about February 16, 2016 and March 11, 2016, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341?359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about February 16, 2016 and March 11, 2016 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Daniel Hale, Certification 24200 Default Order Docket No. 16-24200-160208 Page 1 of 3 227 6. Pursuant to Texas Family Code Section 261.401, abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must use only the amount and type of force reasonably necessary and appropriate when justified to ensure the security ofjuveniles or the facility, program, or department. 8. On or about February 16, 2016, Respondent lifted juvenile from behind and slammed the juvenile into the ground. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about March 11, 2016, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11.TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on November 7, 2017. 12. More than twenty days have elapsed since November 10, 2017, the date Respondent is presumed to have received notice ofthe formal charges. 13. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child as defined in Texas Family Code Section 261.401. 3. As evidenced by Findings of Facts 7 and 8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9 and 10, Respondent?s actions violated Texas Administrative Code, Title 37, Section Daniel Hale, Certification 24200 Default Order Docket No. 16-24200-160208 Page 2 of 3 228 5. As evidenced by Findings of Facts 11-13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Daniel Hale is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified ofthe Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Daniel Hale, Certification it 24200 Default Order Docket No. 16-24200-160208 Page 3 of 3 229 AFFIDAVIT OF KACI SINGER STATE OF TEXAS COUNTY OF TRAVIS "My name is Kaci Singer. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. 10. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Daniel Hale (Respondent) was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on November 7, 2017, to the most recent address of record for Daniel Hale as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested was returned marked unclaimed by United States Postal Service. Notice is presumed received no later than three days after mailing. The written notice and amended petition indicated that on or about February 16, 2016, Respondent violated Texas Family Code Section 261.401, to wit: Respondent lifted juvenile from behind and slammed him into the ground. The written notice and amended petition indicated that on or about February 16, 2016, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent lifted juvenile from behind and slammed him into the ground. The written notice and amended petition indicated that on or about March 11, 2016, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and amended petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. The written notice included in capital letters in 12?point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY The written notice informed Respondent of the requirement to file a written response within twenty days of receipt ofthe notice. Daniel Hale, Certification 29275 Page 1 of 2 Default Order Affidavit of Kaci Singer 230 11 Twenty days have elapsed since November 10, 2017, the effective date of notice and Respondent has failed to file a written response to the formal charges Signed this the 13th day of December 2017. Ellyn!? ?g l?UV/f Kaci Singer, Attorr?y Before me the underSIgned authority, on this day personally appeared Daniel Hale, known to me to be the person whose name is subscribed to the foregomg Instrument and acknowledged to me that she executed the same for the purposes and conSIderatlon hereln expressed. Given under my hand and seal of office this the 13th day of December 2017 1? 9 5:4} DEBBI MCDAID . - ory Public. Stole of . . If My Commissbn Expire?? Notary Public In and for the State of Texas September 01. 2019 momma WITHOUT BOND My Commission expires: ck 3?9) Le? Daniel Hale, Certification 29275 Page 2 of 2 Default Order Affidavit of Kaci Singer 231 DOCKET NO. 17-29405-170055 IN THE MATTER OF 5 BEFORE THE AARON GRANT TEXAS JUVENILE CERTIFICATION NO. 29405 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Aaron Grant (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about November 4, 2016 and July 7, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about November 4, 2016 and July 7, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about November 4, 2016 and July 7, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Aaron Grant, Certification 29405 Default Order Docket No. 17-29405-170055 Page 1 of 3 232 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must treat all juveniles and their families with courtesy, consideration, and dignity. 8. On or about November 4, 2016, Respondent allowed a resident to go into Juvenile 1's room and assault Juvenile 1. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about July 7, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11.TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on September 7, 2017. 12. More than twenty days have elapsed since September 13, 2017, the date Respondent is presumed to have received notice of the formal charges. 13. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7-8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9-10, Respondent?s actions violated Texas Administrative Code, Title 37, Section Aaron Grant, Certification it 29405 Default Order Docket No. 17-29405-170055 Page 2 of 3 233 5. As evidenced by Findings of Facts 11-13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Aaron Grant is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Aaron Grant, Certification 29405 Default Order Docket No. 17-29405-170055 Page 3 of 3 234 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS "My name is Jenna Reblin. I am of Sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. 10. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Aaron Grant, was sent via certified mail, return receipt requested and first- class mail, postage prepaid, on September 7, 2017, to the most recent address of record for Aaron Grant as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested was returned marked refused by United States Postal Service. Notice is presumed received no later than three days after mailing. The written notice and petition indication that on or about November 4, 2016, Respondent violated Texas Family Code Section to wit: Respondent allowed a resident to go into Juvenile 1?s room and assault Juvenile 1. The written notice and petition indicated that on or about November 4, 2016, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent allowed a resident to go into Juvenile 1?s room and assault Juvenile 1. The written notice and petition indicated that on or about July 7, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY The written notice informed Respondent of the requirement to file a written response within twenty days of receipt of the notice. Aaron Grant, Certification It 29405 Page 1 of 2 Default Order Affidavit ofJenna Reblin 235 11. Twenty days have elapsed since September 13, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Je? Reblin, Attorney Signed this the 13th day of December 2017 Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13"h day of December 2017 DEBBII MCDAID 1 mew Seplember 01- 2019 Notary Public in and for the State of Texas NOTARY WITHSUT BOND (NotarVSeaI) My Commission expires: Aaron Grant, Certification 29405 Page 2 of 2 Default Order Affidavit ofJenna Reblin 236 DOCKET NO. 17-31311-170025 IN THE MATTER OF BEFORE THE ANTHONY CONNER TEXAS JUVENILE CERTIFICATION NO. 31311 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Anthony Conner (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about October 30, 2016 and January 24, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about October 30, 2016 and January 24, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about October 30, 2016 and January 24, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Anthony Conner, Certification 31311 Default Order Docket No. 17-31311-170025 Page 1 of 3 237 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not utilize unnecessary force or violence and shall only use the amount of force reasonably necessary and appropriate when justified to ensure the security ofjuveniles, the facility, program or department. 8. On or about October 30, 2016, Respondent lifted Juvenile 1 over his shoulder and then took Juvenile 1 down to the floor. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about January 24, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11.TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on April 25, 2017. 12. More than twenty days have elapsed since April 28, 2017, the date Respondent is presumed to have received notice of the formal charges. 13. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1?4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7-8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9?10, Respondent?s actions violated Texas Administrative Code, Title 37, Section Anthony Conner, Certification 31311 Default Order Docket No. 17-31311-170025 Page 2 of 3 238 5. As evidenced by Findings of Facts 11?13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Anthony Conner is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty?five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified ofthe Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Anthony Conner, Certification 31311 Default Order Docket No. 17-31311?170025 Page 3 of 3 239 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS "My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Anthony Conner, was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on April 25, 2017, to the most recent address of record for Anthony Conner as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested was returned marked unclaimed by United States Postal Service. Notice is presumed received no later than three days after mailing. The written notice and petition indication that on or about October 30, 2016, Respondent violated Texas Family Code Section to wit: Respondent lifted Juvenile 1 over his shoulder and then took Juvenile 1 down to the floor. The written notice and petition indicated that on or about October 30, 2016, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent lifted JUvenile 1 over his shoulder and then took Juvenile 1 down to the ?oon The written notice and petition indicated that on or about January 24, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY Anthony Conner, Certification it 31311 Page 1 of 2 Default Order Affidavit ofJenna Reblin 240 10. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt ofthe notice. 11. Twenty days have elapsed since April 28, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Signed thisthe 13th dayofDecember 2017 a JeUta Reblilf, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 15th day of December 2017 Ht 3 5 Notary Public in and for the State of Texas ?tn-um? MCDAID "fig Notary Public. State of Texas My Commission Expires September Oi, 20] 9 1' Wm: NOTARY WITHOUT 3 . . . . . (Notary Seal) 0ND My Commussuon expires: q- 391?! Anthony Conner, Certification 31311 Page 2 of 2 Default Order Affidavit of Jenna Reblin 241 DOCKET NO. 18-10717?170153 IN THE MATTER OF BEFORE THE DEBRA J. GRAY (HILL) TEXAS JUVENILE CERTIFICATION NO. 10717 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Debra J. Gray (Hill) (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about January 27, 2017 and August 29, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about January 27, 2017 and August 29, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about January 27, 2017 and August 29, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Debra J. Gray (Hill), Certification ii 10717 Default Order Docket No. 18-10717-170153 Page 1 of 3 242 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not utilize unnecessary force or violence and shall only use the amount of force reasonably necessary and appropriate when justified to ensure the security ofjuveniles, the facility, program or department. 8. On or about January 27, 2017, Respondent grabbed Juvenile 1 by the throat. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about August 29, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11.TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on November 1, 2017. 12. More than twenty days have elapsed since November 7, 2017, the date Respondent is presumed to have received notice of the formal charges. 13. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child as defined in Texas Family Code Sections 261.001 and 261.401. 3. As evidenced by Findings of Facts 7 and 8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9 and 10, Respondent?s actions violated Texas Administrative Code, Title 37, Section Debra J. Gray (Hill), Certification 10717 Default Order Docket No. 18-10717-170153 Page 2 of 3 243 5. As evidenced by Findings of Facts 11-13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Debra J. Gray (Hill) is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Debra J. Gray (Hill), Certification 10717 Default Order Docket No. 18-10717-170153 Page 3 of 3 244 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS "My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. 10. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Debra J. Gray (Hill) (Respondent) was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on November 1, 2017, to the most recent address of record for Debra J. Gray (Hill) as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested was returned marked unclaimed by United States Postal Service. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about January 27, 2017, Respondent violated Texas Family Code Section 261.401, to wit: Respondent grabbed Juvenile 1 by the throat. The written notice and petition indicated that on or about January 27, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent grabbed Juvenile 1 by the throat. The written notice and petition indicated that on or about August 29, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent's certification as a juvenile supervision officer. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY The written notice informed Respondent of the requirement to file a written response within twenty days of receipt ofthe notice. Debra J. Gray (Hill), Certification 10717 Page 1 of 2 Default Order Affidavit ofJenna Reblin 245 11. Twenty days have elapsed since November 7, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Signed this the 13th day of December 2017 ?Reblirf, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 MM DEBBI MCDAID 1 If? Notary Public, State of Texas My Commission Expires Notary Public In and for the State of Texas .. Fr September or. 20 I 9 ?1 My Commission expires: 90 lo! NO f? (Notary BOND Page 2 of 2 Debra J. Gray (Hill), Certification 10717 Default Order Affidavit ofJenna Reblin 246 DOCKET NO. 18-29859-170357 IN THE MATTER OF BEFORE THE MICHAEL PITTS TEXAS JUVENILE CERTIFICATION NO. 29859 2 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Michael Pitts (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about January 27, 2017 and September 21, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about January 27, 2017 and September 21, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about January 27, 2017 and September 21, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Michael Pitts, Certification 29859 Default Order Docket No. 18-29859?170357 Page 1 of 3 247 6. Pursuant to Texas Family Code Section abuse means an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not utilize unnecessary force or violence and shall only use the amount of force reasonably necessary and appropriate when justified to ensure the security ofjuveniles, the facility, program or department. 8. On or about January 27, 2017, Respondent slapped Juvenile 1 in the face. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about September 21, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on November 1, 2017. 12. More than twenty days have elapsed since November 3, 2017, the date Respondent is presumed to have received notice of the formal charges. 13. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child as defined in Texas Family Code Sections 261.001 and 261.401. 3. As evidenced by Findings of Facts 7 and 8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9 and 10, Respondent?s actions violated Texas Administrative Code, Title 37, Section Michael Pitts, Certification it 29859 Default Order Docket No. 18-29859-170357 Page 2 of 3 248 5. As evidenced by Findings of Facts 11-13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Michael Pitts is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified ofthe Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Michael Pitts, Certification 29859 Default Order Docket No. 18-29859-170357 Page 3 of 3 249 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS ?My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Michael Pitts (Respondent) was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on November 1, 2017, to the most recent address of record for Michael Pitts as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested indicates this item was delivered on November 3, 2017. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about January 27, 2017, Respondent violated Texas Family Code Section 261.401, to wit: Respondent slapped Juvenile 1 in the face. The written notice and petition indicated that on or about January 27, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent slapped Juvenile 1 in the face. The written notice and petition indicated that on or about September 21, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent's certification as a juvenile supervision officer. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY Michael Pitts, Certification 29275 Page 1 of 2 Default Order Affidavit of Jenna Reblin 250 10. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt ofthe notice. 11. Twenty days have elapsed since November 3, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Signed this the 13th day of December 2017 (MW nna Reblin, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 raf?utnf?i?a DEBBI 1 in . n; Notary Public. Smile of Texas My Commission Expires Notary Public in and for the State of Texas September 0i, 20 wn HE .11" (Notary Seal) HOUT BOND My Commission expires: OK 3.0 Michael Pitts, Certification 29275 Page 2 of 2 Default Order Affidavit of Jenna Reblin 251 DOCKET NO. 18-31472-170367 IN THE MATTER OF BEFORE THE EBONI HENDERSON TEXAS JUVENILE CERTIFICATION NO. 31472 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Eboni Henderson (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about August 12, 2017 and September 21, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about August 12, 2017 and September 21, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about August 12, 2017 and September 21, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Eboni Henderson, Certification 31472 Default Order Docket No. 18-31472-170367 Page 1 of 3 252 6. Pursuant to Texas Family Code Section Neglect means a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. 7. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not falsify or make material omissions to governmental records. On or about August 12, 2017, Respondent falsified two room checks by indicating she had performed them when she had not. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about September 21, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on November 1, 2017. 12. More than twenty days have elapsed since November 7, 2017, the date Respondent is presumed to have received notice of the formal charges. 13. To date, Respondent has not filed a written answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent neglected a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7-8, Respondent?s actions violated Texas Administrative Code, Title 37, Section Eboni Henderson, Certification 31472 Default Order Docket No. 18-31472-170367 Page 2 of 3 253 4. As evidenced by Findings of Facts 9-10, Respondent?s actions violated Texas Administrative Code, Title 37, Section 5. As evidenced by Findings of Facts 11-13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Eboni Henderson is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Eboni Henderson, Certification 31472 Default Order Docket No. 18-31472-170367 Page 3 of 3 254 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS ?My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Eboni Henderson, was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on November 1, 2017, to the most recent address of record for Eboni Henderson as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about August 12, 2017, Respondent violated Texas Family Code Section to wit: Respondent falsified two room checks by indicating she had performed them when she had not. The written notice and petition indicated that on or about August 12, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent falsified two room checks by indicating she had performed them when she had not. The written notice and petition indicated that on or about September 21, 2017, Respondent violated Texas Administrative Code, Title 37, Section when Respondent was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY The written notice informed Respondent of the requirement to file a written response within twenty days of receipt of the notice. Eboni Henderson, Certification it 31472 Page 1 of 2 Default Order Affidavit of Jenna Reblin 255 10. Twenty days have elapsed since November 7, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Signed this the 13th day of December 2017 AM Jenna Reblin, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 I I ?31.29. MCDAID . En: Notary Public. State of Texas My Commission Expires ?gig-If?, September CH. 2019 Notary Public in and for the State of Texas NOTARY WITHOUT BOND (Notary Seal) My Commission expires: 0? 9s!) Eboni Henderson, Certification 31472 Default Order Page 2 of 2 Affidavit of Jenna Reblin 256 DOCKET NO. 18-29437-170352 IN THE MATTER OF 5 BEFORE THE QUSHMA JACKSON TEXAS JUVENILE CERTIFICATION NO. 29437 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department's staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Qushma Jackson (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about July 24, 2017 and August 29, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about July 24, 2017 and August 29, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about July 24, 2017 and August 29, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.001. Qushma Jackson, Certification it 29437 Default Order No. 18-29437-170352 Page 1 of 3 257 6. Pursuant to Texas Family Code Section abuse includes sexual conduct harmful to a child's mental, emotional, or physical welfare. 7. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not maintain or give the appearance of maintaining an inappropriate relationship with a juvenile, including, but not limited to, bribery or solicitation or acceptance of gifts, favors, or services from juveniles or their families. 8. On or about July 24, 2017, Respondent solicited sexual contact with Juvenile 1 and engaged in sexually explicit conversations with Juvenile 1. 9. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. 10. On or about August 29, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. 11.TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on November 1, 2017. 12. More than twenty days have elapsed since November 6, 2017, the date Respondent is presumed to have received notice of the formal charges. 13. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW 1. As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent abused a child as defined in Texas Family Code Sections 261.001 and 261.401. 3. As evidenced by Findings of Facts 7 and 8, Respondent's actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9 and 10, Respondent's actions violated Texas Administrative Code, Title 37, Section Qushma Jackson, Certification if 29437 Default Order Docket No. 18-29437-170352 Page 2 of 3 258 5. As evidenced by Findings of Facts 11-13, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Qushma Jackson is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Qushma Jackson, Certification 29437 Default Order Docket No. 18-29437-170352 Page 3 of 3 259 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS 55 "My name is Jenna Reblin. lam of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Qushma Jackson (Respondent) was sent via certified mail, return receipt requested and first?class mail, postage prepaid, on November 1, 2017, to the most recent address of record for Qushma Jackson as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested indicates this item was delivered on November 6, 2017. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about July 24, 2017, Respondent violated Texas Family Code Section to wit: Respondent solicited sexual contact with Juvenile 1 and engaged in sexually explicit conversations with Juvenile 1. The written notice and petition indicated that on or about July 24, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent solicited sexual contact with Juvenile 1 and engaged in sexually explicit conversations with Juvenile 1. The written notice and petition indicated that on or about August 29, 2017, Respondent violated Texas Administrative Code, Title 37, Section when Respondent was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY Qushma Jackson, Certification 29437 Page 1 of 2 Default Order Affidavit ofJenna Reblin 260 10. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt of the notice. 11. Twenty days have elapsed since November 6, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges." If Jen eblin, Attorney Signed this the 13th day of December 2017 Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 um . I: I'll}: NOlOiygEg?l MM 5_ lC. Store Commission Expiregos Notary Public In and for the State of Texas i? September 01, 20:9 ?t 1L7- harm? (Notarl?lg?ga?lfy BOND My Commission expires: 30 tel fl." 1 1 Qushma Jackson, Certification 29437 Default Order Affidavit of Jenna Reblin Page 2 of 2 261 DOCKET NO. 17-30897-170321 IN THE MATTER OF BEFORE THE PATRICK GUAJARDO TEXAS JUVENILE CERTIFICATION NO. 30897 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Patrick Guajardo (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about June 14, 2017 and July 17, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about June 14, 2017 and July 17, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about June 14, 2017 and July 17, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Patrick Guajardo, Certification 30897 Default Order Docket No. 17?30897-170321 Page 1 of 3 262 10Pursuant to Texas Family Code Section Neglect means a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not falsify or make material omissions to governmental records. On or about June 14, 2017, Respondent falsified thirteen room checks by indicating he had performed them when he had not. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must abide by all federal laws, guidelines and rules, state laws, and TJJD administrative rules. On or about June 14, 2017, Respondent failed to perform room checks as required by 37 TAC ?343.438. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. On or about July 17, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on October 3, 2017. More than twenty days have elapsed since October 6, 2017, the date Respondent is presumed to have received notice of the formal charges. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. Patrick Guajardo, Certification 30897 Default Order Docket No. 17-30897-170321 Page 2 of 3 263 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent neglected a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7-8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9-10, ReSpondent?s actions violated Texas Administrative Code, Title 37, Section 5. As evidenced by Findings of Facts 11-12, Respondent?s actions violated Texas Administrative Code, Title 37, Section 6. As evidenced by Findings of Facts 13-15, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Patrick Guajardo is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of TJJD's order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified ofthe Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Patrick Guajardo, Certification 30897 Default Order Docket No. 17-30897-170321 Page 3 of 3 264 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS ?My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Patrick Guajardo, was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on October 3, 2017, to the most recent address of record for Patrick Guajardo as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested indicates this item was delivered on October 6, 2017. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Family Code Section to wit: Respondent falsified thirteen room checks by indicating he had performed them when he had not. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent falsified thirteen room checks by indicating he had performed them when he had not. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent failed to perform room checks as required by 37 TAC ?343.438. The written notice and petition indicated that on or about July 17, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. Patrick Guajardo, Certification 30897 Page 1 of 2 Default Order Affidavit of Jenna Reblin 265 10. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY 11. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt ofthe notice. 12. Twenty days have elapsed since October 6, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges.? Signed this the 13th day of December 2017 beq? Jenna Reblin, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 DEBBI MCDAID LA '31; _Noiory Public Slate of Texas 7K My Expires September 01. 2019 (Notary WITHOUT BOND Patrick Guajardo, Certification 30897 Default Order Affidavit ofJenna Reblin Notary Public in and for the State of Texas My Commission expires; OI. 9.05% Page 2 of 2 266 DOCKET NO. 17-31816-170321 IN THE MATTER OF BEFORE THE EDWARD HRANICKY TEXAS JUVENILE CERTIFICATION NO. 31816 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Edward Hranicky (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about June 14, 2017 and July 17, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about June 14, 2017 and July 17, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341?359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about June 14, 2017 and July 17, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. Edward Hranicky, Certification 31816 Default Order Docket No. 17-31816-170321 Page 1 of 3 267 10. 11. 12. 13. 14. 15. Pursuant to Texas Family Code Section Neglect means a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not falsify or make material omissions to governmental records. On or about June 14, 2017, Respondent falsified sixteen room checks by indicating he had performed them when he had not. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must abide by all federal laws, guidelines and rules, state laws, and TJJD administrative rules. On or about June 14, 2017, Respondent failed to perform room checks as required by 37 TAC ?343.438. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. On or about July 17, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on October 3, 2017. More than twenty days have elapsed since October 5, 2017, the date Respondent is presumed to have received notice of the formal charges. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW As evidenced by Findings of Fact 14, TJJD has jurisdiction to hear this case and to impose the requested discipline. Edward Hranicky, Certification it 31816 Default Order Docket No. 17-31816-170321 Page 2 of 3 268 2. As evidenced by Findings of Facts 5, 6 and 8, Respondent neglected a child served by a juvenile justice facility or program. 3. As evidenced by Findings of Facts 7-8, Respondent?s actions violated Texas Administrative Code, Title 37, Section 4. As evidenced by Findings of Facts 9-10, Respondent?s actions violated Texas Administrative Code, Title 37, Section 5. As evidenced by Findings of Facts 11-12, Respondent?s actions violated Texas Administrative Code, Title 37, Section 6. As evidenced by Findings of Facts 13-15, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Edward Hranicky is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adopted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty?five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified ofthe Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Edward Hranicky, Certification 31816 Default Order Docket No. 17?31816-170321 Page 3 of 3 269 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS "My name is Jenna Reblin. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Edward Hranicky, was sent via certified mail, return receipt requested and first-class mail, postage prepaid, on October 3, 2017, to the most recent address of record for Edward Hranicky as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested indicates this item was delivered on October 5, 2017. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Family Code Section to wit: Respondent falsified sixteen room checks by indicating he had performed them when he had not. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent falsified sixteen room checks by indicating he had performed them when he had not. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent failed to perform room checks as required by 37 TAC ?343.438. The written notice and petition indicated that on or about July 17, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. Edward Hranicky, Certification 31816 Page 1 of 2 Default Order Affidavit ofJenna Reblin' 270 10. The written notice included in capital letters in 12-point boldface type the statement: OR ILURE TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY 11. The written notice informed Respondent of the requirement to file a written response wit hin twenty days of receipt of the notice. 12. Twenty days have elapsed since October 5, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges." Signed this the 13th day of December 2017 (la/u Ilenna Reblin, Attorney Before me, the undersigned authority, on this day personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 II I: 5-1.4 . DEBBI MCDAID Notary Public, State of Texas ?a My Commission Expires Sepiember Oi. 2019 WNW Notary Public in and for the State of Texas NOTARY wm-rour BOND . . . . . (Notary Seal) My Commussron expires: I w\qi Edward Hranicky, Certification 31816 Page 2 of 2 Default Order Affidavit of Jenna Reblin 271 DOCKET NO. 17-31437-170311 IN THE MATTER OF BEFORE THE KASEY RILEY TEXAS JUVENILE CERTIFICATION NO. 31437 JUSTICE BOARD DEFAULT ORDER The Texas Juvenile Justice Board (Board) considered the recommendation of the Executive Director and the affidavit of Texas Juvenile Justice Department?s staff attorney, which were submitted pursuant to Texas Administrative Code Title 37, Section 349.340. The documents indicate sufficient proof that proper notice was provided to Kasey Riley (Respondent) and that appropriate relief, including the imposition of sanctions, was requested. The Board has jurisdiction over and authority to perform this action pursuant to Texas Human Resources Code, Section 222.053, Texas Government Code, Section 2001.056, and Texas Administrative Code, Title 37, Chapter 349. The Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On or about June 14, 2017 and July 17, 2017, Respondent held a juvenile supervision officer certification with Texas Juvenile Justice Department (TJJD). 2. On or about June 14, 2017 and July 17, 2017, Respondent was required to comply with all relevant TJJD standards, rules, and regulations relating to certified juvenile supervision officers included in Texas Human Resources Code, Chapter 222 and Texas Administrative Code, Title 37, Chapters 341-359. 3. Texas Administrative Code, Title 37, Chapter 345 was in effect on or about June 14, 2017 and July 17, 2017 and required that certified juvenile supervision officers adhere to a Code of Ethics. 4. Texas Administrative Code, Title 37, Section 349.305 provides that TJJD may initiate disciplinary action when TJJD confirms an officer has violated the Code of Ethics or has confirmed that abuse, neglect, or exploitation has occurred. 5. Texas Administrative Code, Title 37, Section 358.100 provides that abuse is defined as in Texas Family Code Section 261.401. 6. Pursuant to Texas Family Code Section Neglect means a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional Kasey Riley, Certification it 31437 Default Order Docket No. 17-31437-170311 Page 1 of 3 272 10. 11. 12. 13. 14. 15. 16. harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy. On or about June 14, 2017, Respondent pre-filled room checks as timely and then went to sleep during the times that she had pre?logged. Texas Administrative Code, Title 37, Section provides that juvenile justice professionals must not falsify or make material omissions to governmental records. On or about June 14, 2017, Respondent falsified thirty?one room checks by indicating she had performed them when she had not. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must abide by all federal laws, guidelines and rules, state laws, and TJJD administrative rules. On or about June 14, 2017, Respondent failed to perform room checks as required by 37 TAC ?343.438. Texas Administrative Code, Title 37, Section provides juvenile justice professionals must not be designated as a perpetrator in an abuse, exploitation and neglect investigation conducted by TJJD under the authority of Texas Family Code Chapter 261 and Texas Administrative Code Chapter 350. On or about July 17, 2017, Respondent was designated as a perpetrator in a TJJD abuse, neglect or exploitation investigation. TJJD effectively served Respondent with proper notice of the formal charges and requested discipline through written notice sent via certified mail, return receipt requested and first class mail on October 3, 2017. More than twenty days have elapsed since October 5, 2017, the date Respondent is presumed to have received notice of the formal charges. To date, Respondent has not filed an answer to the formal charges. CONCLUSIONS OF LAW As evidenced by Findings of Fact 1-4, TJJD has jurisdiction to hear this case and to impose the requested discipline. As evidenced by Findings of Facts 5, 6 and 8, Respondent neglected a child served by a juvenile justice facility or program. As evidenced by Findings of Facts 7-8, Respondent's actions violated Texas Administrative Code, Title 37, Section Kasey Riley, Certification it 31437 Default Order Docket No. 17-31437-170311 Page 2 of 3 273 4. As evidenced by Findings of Facts 9-10, Respondent?s actions violated Texas Administrative Code, Title 37, Section 5. As evidenced by Findings of Facts 11?12, Respondent?s actions violated Texas Administrative Code, Title 37, Section 6. As evidenced by Findings of Facts 13-15, the requirements upon which a default order may be granted as provided by Texas Government Code, Section 2001.056 and Texas Administrative Code, Title 37, Section 349.340 have been met. ORDERING PROVISIONS IT IS THEREFORE ORDERED by the Texas Juvenile Justice Board that: 1. The juvenile supervision officer certification of Kasey Riley is permanently revoked. 2. All requested Findings of Fact and Conclusions of Law not expressly adapted herein are denied. 3. All pending motions and requests for relief not previously granted or expressly granted in this Order are denied. This Order shall not be final and effective until twenty-five days after a party is notified of order. A party is presumed to have been notified of Order three days after the date on which the notice is actually mailed. If a timely motion for rehearing is filed by any party at interest, this Order shall not become final and effective until such motion is overruled, or if such motion is granted, this Order shall be subject to further action by TJJD. Pursuant to Texas Government Code Section the time allotted for TJJD action on a motion for rehearing in this case prior to its being overruled by operation of law is hereby extended until one hundred days from the date the parties are notified of the Order. TEXAS JUVENILE JUSTICE DEPARTMENT Signatures and date affixed by Default Disposition Master Order dated January 26, 2018 Kasey Riley, Certification it 31437 Default Order Docket No. 17-31437-170311 Page 3 of 3 274 AFFIDAVIT OF JENNA REBLIN STATE OF TEXAS COUNTY OF TRAVIS ?My name is Jenna Reblin. i am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. On behalf of the Texas Juvenile Justice Department, written notice of formal charges, addressed to Kasey Riley, was sent via certified mail, return receipt requested and first- class mail, postage prepaid, on October 3, 2017, to the most recent address of record for Kasey Riley as registered with the Texas Juvenile Justice Department. The wrapper sent by regular mail has not been returned. The wrapper sent by certified mail, return receipt requested indicates this item was delivered on October 5, 2017'. Notice is presumed received no later than three days after mailing. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Family Code Section to wit: Respondent falsified sixteen room checks by indicating he had performed them when he had not. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent falsified sixteen room checks by indicating he had performed them when he had not. The written notice and petition indicated that on or about June 14, 2017, Respondent violated Texas Administrative Code, Title 37, Section to wit: Respondent failed to perform room checks as required by 37 TAC ?343.438. The written notice and petition indicated that on or about July 17, 2017, Respondent violated Texas Administrative Code, Title 37, Section when he was designated as a perpetrator in a TJJD abuse, neglect, or exploitation investigation. The written notice and petition informed Respondent that TJJD was seeking revocation of Respondent?s certification as a juvenile supervision officer. Kasey Riley, Certification 31437 Page 1 of 2 Default Order Affidavit ofJenna Reblin 275 10. The written notice included in capital letters in 12-point boldface type the statement: TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY AUTHORIZED REPRESENTATIVE, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING AS TRUE AND THE RELIEF SOUGHT BY THE COMMISSION IN THE NOTICE OF HEARING MAY BE GRANTED BY 11. The written notice informed Respondent of the requirement to file a written response within twenty days of receipt of the notice. 12. Twenty days have elapsed since October 5, 2017, the effective date of notice, and Respondent has failed to file a written response to the formal charges." Signed this the 13th day of December 2017 La Jenna Reblin, Attorney Before me, the undersigned authority, on this da personally appeared Jenna Reblin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office this the 13th day of December 2017 DEBBI MCDAID a My Commissmn Explies f?a'aiftxa? Seplember 01. 201? ?flu" r-ioiory Public. State of Items {Notan?m?v WITHOUT BOND Kasey Riley, Certification 31437 Default Order Affidavit of Jenna Reblin nukoceo? Notary Public in and for the State of Texas My Commission expires: 0" I 343 L?l Page 2 of 2 276 Texas Juvenile Justice Department MASTER DEFAULT ORDER A MASTER DEFAULT ORDER RELATED TO DISCIPLINARY CASES OF CERTIFIED JUVENILE PROBATION OR SUPERVISION OFFICERS th On this the 26 day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit and where, among other matters, came up for consideration and adoption the following Default Order(s) in the following matter(s) related to the discipline of certified juvenile probation or supervision officer(s): ITEM DOCKET NUMBER a. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION 18-31329-170253 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER b. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION Marcos Marmolejo, # 31111 Bexar County Juvenile Detention Center 17-31111-170168 PRESENT ABSENT YES RECOMMENDED DISCIPLINE COUNTY Revocation Bell Brenden Stadelman, # 31329 Bell County Juvenile Services Center NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY 1 yr. suspension, probated Bexar PRESENT ABSENT YES NO ABSTAIN Second: 277 ITEM DOCKET NUMBER c. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION Richard Ramsey, # 27021 Bexar County Juvenile Detention Center 17-27021-170170 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER d. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER e. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION Esequiel Gurrola, # 27475 El Paso County Juvenile Detention Center 17-27475-170220 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER f. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION ABSENT 1 yr. suspension, 30 days active, remainder probated Bexar PRESENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY Revocation Dallas PRESENT ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY 1 yr. suspension, 2 wks. active, remainder probated El Paso PRESENT ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY Revocation Grayson Daniel Hale, # 24200 Grayson County Post-Adjudication Facility 16-24200-160208 PRESENT COUNTY Dyshel R Stanford, # 12085 Dallas County Juvenile Probation Services 17-12085 PRESENT RECOMMENDED DISCIPLINE PRESENT ABSENT YES NO ABSTAIN Second: 278 ITEM DOCKET NUMBER g. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION 17-29405-170055 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER h. BOARD MEMBER ABSENT YES NO ABSTAIN BOARD MEMBER MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: BOARD MEMBER Debra J. Gray (Hill), # 10717 Hays County Juvenile Post-Detention Center YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER j. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: NO ABSTAIN COUNTY Revocation Harris ABSENT YES NO ABSTAIN RECOMMENDED DISCIPLINE COUNTY Revocation Hays PRESENT ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY Revocation Hood Michael Pitts, # 29859 Lake Granbury Youth Services 18-29859-170357 YES Second: 18-10717-170153 ABSENT ABSENT RECOMMENDED DISCIPLINE PRESENT NAME, CERTIFICATION NUMBER AND LOCATION PRESENT Harris Second: DOCKET NUMBER i. Revocation Anthony Conner, # 31311 Harris County Juvenile Justice Center Edeska Barnes, Jr. ITEM COUNTY PRESENT NAME, CERTIFICATION NUMBER AND LOCATION 17-31311-170025 PRESENT RECOMMENDED DISCIPLINE Aaron Grant, # 29405 Harris County Juvenile Justice Center PRESENT ABSENT YES NO ABSTAIN Second: 279 ITEM DOCKET NUMBER k. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION 18-31472-170367 PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER l. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER m. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ITEM DOCKET NUMBER n. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION ABSENT YES Milam PRESENT NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY Revocation Milam PRESENT ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY Revocation Victoria PRESENT ABSENT YES NO ABSTAIN Second: RECOMMENDED DISCIPLINE COUNTY Revocation Victoria Edward Hranicky, # 31816 Solomon Casseb Jr. Webb County Youth Village 17-31816-170321 PRESENT Revocation Patrick Guajardo, # 30897, Solomon Casseb Jr. Webb County Youth Village 17-30897-170321 PRESENT COUNTY Qushma Jackson, # 29437 Rockdale Regional Juvenile Justice Center 18-29437-170352 PRESENT RECOMMENDED DISCIPLINE Eboni Henderson, # 31472 Rockdale Regional Juvenile Justice Center PRESENT ABSENT YES NO ABSTAIN Second: 280 ITEM DOCKET NUMBER o. BOARD MEMBER NAME, CERTIFICATION NUMBER AND LOCATION 17-31437-170311 PRESENT ABSENT YES RECOMMENDED DISCIPLINE COUNTY Revocation Victoria Kasey Riley, # 31437 Solomon Casseb Jr. Webb County Youth Village NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: WHEREAS, the Board has jurisdiction over these actions pursuant to Texas Human Resources Code §222.053 and Texas Administrative Code, Title 37, §349.305 et seq. and authority to enter a Default Order under Texas Administrative Code, Title 37, §349.340, pursuant to Texas Government Code §2001.056; and WHEREAS, the Board considered each matter and a motion to adopt the recommended findings and facts and conclusions of law as set forth in each Default Order was lawfully moved, duly seconded, and approved by a majority of the present and voting members of the Texas Juvenile Justice Board; and NOW, THEREFORE BE IT ORDERED THAT the Final Order in each referenced matter and each referenced matter shall become effective as provided therein according to the date this Order is signed and that a copy of this Order shall be affixed to each Final Order. The foregoing Master Default Order was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this the 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 281 282 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Kathryn R. Gray, Staff Attorney Subject: Discussion, consideration, and possible approval regarding Committee Charters (Action) Date: January 17, 2018 Section VII of the TJJD Board Governance and Policy Manual states that the Board shall have standing committees and that each committee have a charter that has been approved by the Board. The section also provides that the Board “review and reassess the adequacy of each charter and make appropriate changes” as it deems appropriate. Previous board committees have determined that periodic review and updating of committee charters is appropriate. To assist the Board in this process, agency staff has reviewed the current charters for the Safety and Security Committee, Programs Committee, and the Finance and Audit Committee. A charter for the Trust Committee has been drafted by Kathryn Gray for review by the Trust Committee. The draft charters were presented to each committee for review, discussion, and possible presentation to the Board. The charters include the following: Purpose Mission Statement Composition (determined by the Chairman of the Board) Meeting (set by statute) Responsibilities and Duties The Board is being asked to approve the charters which have been approved by the respective committees. 283 Texas Juvenile Justice Department RESOLUTION A RESOLUTION FOR APPROVAL OF COMMITTEE CHARTERS On this 26th day of January 2018, a duly called and lawfully convened meeting of the Texas Juvenile Justice Board was held in the City of Austin, Texas, pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit and where, among other matters, came up for consideration and adoption the following Charters for the Board Committees: ITEM COMMITTEE CHARTER a. Trust Committee Charter b. Finance & Audit Committee Charter c. Program Committee Charter d. Safety & Security Committee Charter BOARD MEMBER PRESENT ABSENT YES NO ABSTAIN BOARD MEMBER Edeska Barnes, Jr. MaryLou Mendoza Carol Bush Stephanie Moreno James Castro Candy Noble Scott W. Fisher Allison Palmer Pama Hencerling Wesley C. Ritchey Lisa Jarrett Jimmy Smith Scott Matthew Motion: PRESENT ABSENT YES NO ABSTAIN Second: WHEREAS, Section VII of the TJJD Board Governance and Policy Manual states that the Board shall have standing committees and that each committee have a charter that has been approved by the Board; and WHEREAS, Section VII of the TJJD Board Governance and Policy Manual states that the Board review and reassess the adequacy of each charter and make appropriate changes as it deems appropriate; and WHEREAS, the Board considered each committee’s charter; and NOW, THEREFORE BE IT RESOLVED THAT the Board approves each committee charter. The foregoing Resolution was lawfully moved, duly seconded, and adopted by the Texas Juvenile Justice Board. Signed this 26th day of January 2018. Texas Juvenile Justice Board _________________________________________ Scott W. Fisher, Chairman 284 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Trust Committee Meeting 11209 Metric Blvd., Building H – Lone Star Conference Room Austin, Texas 78757 Thursday, October 19, 2017 COMMITTEE MEMBERS PRESENT: Jimmy Smith, Committee Chair Scott W. Fisher, Board Chairman James Castro Allison Palmer COMMITTEE MEMBERS ABSENT: Candy Noble OTHER BOARD MEMBERS PRESENT: The Honorable Wes Ritchey The Honorable Lisa Jarrett Chief Edeska Barnes EXECUTIVE STAFF PRESENT: Chelsea Buchholtz, Chief of Staff Jeannette Cantu, Executive Assistant Jill Mata, General Counsel Mike Meyer, Chief Financial Officer Luther Taliaferro, Senior Director of Education Services Rebecca Walters, Senior Director, Youth Placement, Re-Entry and Program Development Barbara Kessler, Public Information Officer Marie Welsch, Education Specialist, Probation & Community Services OTHER GUESTS PRESENT: Karen Kennedy, Deputy General Counsel Kathryn Gray, Staff Attorney, Office of the General Counsel Vivian Cohn, Deputy Chief Auditor, Office of the Internal Auditor Jeannette Lepe, Auditor, Office of the Internal Auditor Stephanie Valdez, Auditor, Office of the Internal Auditor Fred Meinke, Systems Analyst, Information Technology Trust Committee October 19, 2017 285 Call to Order Committee Chairman Jimmy Smith called the meeting to order at 9:32 a.m. Discussion, consideration, and possible approval regarding excused absences Chairman Smith noted the absence of board member Candy Noble. Ms. Palmer moved that Ms. Noble’s absence be excused. Board Chairman Fisher seconded the motion. The motion passed unanimously. Discussion, consideration, and possible approval regarding the August 4, 2016 meeting minutes Mr. Fisher moved that the minutes of the August 24, 2017 meeting be approved. Mr. Castro seconded the motion. The motion passed unanimously. Update on Trust Activities Kathryn Gray, staff attorney, summarized the historic use of the trust fund for education and options to broaden the use of funds for those youth who meet the definition of “orphan.” At one time, funds were used for several initiatives at the Corsicana Residential Treatment Center. Since the closure of this facility, however, use of the funds has been confined to funding associated with education for TJJD youth who met the definition of “orphan,” and additional criteria set by TJJD staff. While board members may approve funding for other purposes, it is within their discretion to confine expenditures to education. Ms. Gray added that about two years ago, members of the Trust Committee expressed concerns about the large amount of unspent funds in the trust and subsequently increased the annual budget for education; unfortunately, this increase did not yield the intended result because of rules and procedures that are currently in place. Ms. Gray said that she has been researching how to use more money, other than for education, to meet the intentions of the trusts. There are, she continued, many more options for use of the funds, including housing, counseling, medical treatment, and transportation. The board also can make changes that would allow more funds to be made available to eligible youth. As a first step, the administration of trust fund expenditures is being moved from Probation & Community Services to Youth Placement, Re-Entry & Program Development. Trust Committee October 19, 2017 286 In response to a question from Chairman Smith, Ms. Gray said that all youth are told about the program during the intake process when they first arrive at a TJJD secure facility, but the information may not stay with them until they are eligible to apply some time later when they are about to leave. Ms. Gray is examining ways to involve caseworkers and others who will provide information and motivate students to apply. Mr. Castro encouraged that information be provided beyond the intake point, “because at that point they are just trying to survive . . .” Ms. Palmer thanked Ms. Gray for the memo she wrote on the trusts. She requested copies of two memos that were referenced in the evolution of the definition of the term and expressed an interest in targeting orphan youth in county probation systems. Ms. Gray said that these youth could receive funds, adding that the trust funds are not limited to orphan youth in TJJD facilities; however, funds would soon be depleted if the distribution was greatly expanded. Furthermore, trustees could not be held liable if they distributed the funds more narrowly. Ms. Palmer suggested beginning preparations now to open up the pool for greater distribution in the next budget cycle. According to information from Marie Welsch, who presently oversees the program, three youth are presently receiving educational assistance and that she received an e-mail prior to the beginning of the committee meeting that one female who participated in the program was about to defend her dissertation for a Ph.D. Chairman Smith asked whether the 2018 budget could be amended and Ms. Gray responded that a resolution could be brought to the board for that purpose. Mike Meyer, chief financial officer, added that expenditures have been well below revenues in the last several years and resolutions could be presented to the board regarding available revenues in order for the board to make funding decisions. Ms. Gray said that the budget beneficiary aid between the two funds for 2018 is more than $200,000 and is being utilized by “only a handful of youth,” which means that there is currently funding for expenditure for other purposes.” In response to a question from Ms. Palmer regarding increasing the distribution pool to include youth outside TJJD this year, Ms. Gray responded that some precaution is needed since the trust is currently administered by TJJD staff who have other responsibilities in addition to those associated with the trusts and thus, may not be able to absorb the additional workload that would be created. Trust Committee October 19, 2017 287 In addressing the committee, Rebecca Walters, Senior Director, Youth Placement, Re-Entry and Program Development, added that her division is working with Dr. Marie Welsch to assume program responsibility for student assistance. Ms. Walters’s staff will be focusing on outreach efforts on youth in their twenties as they leave the system. “I feel confident that in the next year we will have many more youth served by the program and reaching that $200,000 budget by the end of the year.” Discussion, consideration, and possible recommendation for a Memorandum of Agreement between the Parrie Haynes Trust and Texas Parks and Wildlife Department for Management of a Prescribed Burn and Parrie Haynes Ranch (Recommendation) Ms. Gray reminded the committee of the discussion at the August 2017 meeting regarding scheduling a prescribed burn at the Parrie Haynes Ranch as a part of the Wildlife Management Plan. John Macey, director of the plan, recommended the use of Texas Parks & Wildlife Department (TPWD) to conduct the burn. Ordinarily, TPWD requires waivers of liability from private landowners to conduct burns, but in the case of state agencies, an interagency contract is used instead. Ms. Gray presented the board a copy of the interagency contract that has been drafted in cooperation with TPWD. Ms. Palmer moved to recommend the approval of the interagency contract to the board. Mr. Castro seconded the motion. The motion passed unanimously. Chairman Smith adjourned the meeting at 9:50 a.m. Trust Committee October 19, 2017 288 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Kathryn R. Gray, Staff Attorney Subject: Discussion, consideration, and possible approval regarding Committee Charters (Action) Date: January 17, 2018 Section VII of the TJJD Board Governance and Policy Manual states that the Board shall have standing committees and that each committee have a charter that has been approved by the Board. The section also provides that the Board “review and reassess the adequacy of each charter and make appropriate changes” as it deems appropriate. Previous board committees have determined that periodic review and updating of committee charters is appropriate. To assist the Board in this process, agency staff has reviewed the current charters for the Safety and Security Committee, Programs Committee, and the Finance and Audit Committee. A charter for the Trust Committee has been drafted by Kathryn Gray for review by the Trust Committee. The draft charters were presented to each committee for review, discussion, and possible presentation to the Board. The charters include the following: Purpose Mission Statement Composition (determined by the Chairman of the Board) Meeting (set by statute) Responsibilities and Duties The Board is being asked to approve the charters which have been approved by the respective committees. 289 Texas Juvenile Justice Department Board of Directors Trust Committee Charter Purpose The Board of the Texas Juvenile Justice Department (TJJD) has established a Trusts Committee (“the Committee”). The primary function of the Committee is to assist TJJD’s Board (the “Board”) in their role as trustees of the Parrie Haynes and John Wende Trusts. Mission Statement The Committee’s mission is to ensure administration and oversight of the Trusts is in accordance with the intent of the Trusts and applicable Trust law. This mission can be accomplished by, but is not limited to the following: 1. 2. Reviewing proposed activity and recommending approval of actions related to Trust properties that promotes the interests of the Trusts; and Providing guidance to TJJD staff and executive management to ensure Trust money disbursement follows Board direction and aligns with the intent of the Trusts. Composition The committee is comprised of five board members. The Chairman of the Board appoints the Committee Chair as well as the other four members. Meetings The Committee will meet as circumstances dictate. The Committee Chair shall establish meeting agendas in coordination with TJJD executive leadership two weeks prior to scheduled committee meetings. Responsibilities and Duties The Committee’s specific responsibilities and duties in carrying out its role are outlined in the Trust Committee responsibilities and duties checklist. The checklist may be updated, as circumstances dictate, to reflect changing practices or guidance. Any updates to the responsibilities and duties checklist will be considered an addendum to this charter. The Committee relies on the expertise and knowledge of the TJJD Office of the General Counsel, Chief Financial Officer, and other executive management staff in carrying out its responsibilities. TJJD’s executive management is responsible for the integrity of TJJD information provided to the committee. 290 Trust Committee Charter Checklist Responsibilities and Duties 4th Quarter rd 3 d Quarter 2. Trusts’ Performance Review potential sales, leases, or other uses of Trust properties and make recommendations to the TTJD Board. 2d Quarter Prepare agenda for Committee meetings in consultation with the Committee Chair, (with input from the Committee members, and TJJD executive management). Approve minutes of previous meetings. 1st Quarter Quarterly A-Annually B- Biennial N-As needed 1. General and Administrative Meet as frequently as circumstances require. The Committee may ask members of executive management or others to attend the meeting and provide pertinent information as necessary. Quarter Frequency N N N N Review the investment strategy and budget pertaining to the use of Trust money and make recommendations to the TJJD Board. A Review the designation of the TJJD Chief Financial Officer position as the Investment Officer for the trusts. N Provide guidance to TJJD staff regarding Trust money disbursement strategies. N Direct purchases of any relevant insurance and other expenditures related to Trust management. N X 12/11/17 291 292 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Finance and Audit Committee Meeting 11209 Metric Blvd., Building H, Austin, Texas 78758 Thursday, October 19, 2017 – 11:00 a.m. BOARD MEMBERS PRESENT: The Honorable Wes Ritchey, Committee Chairman Scott Fisher, Board Chairman Chief Edeska Barnes (non-committee member) John Castro (non-committee member) The Honorable Lisa Jarrett (non-committee member) Allison Palmer (non-committee member) Jimmy Smith (non-committee member) BOARD MEMBERS ABSENT: The Honorable Carol Bush Chief Scott Matthew The Honorable Stephanie Moreno EXECUTIVE STAFF PRESENT: David Reilly, Executive Director Chelsea Buchholtz, Chief of Staff Eleazar Garcia, Chief Internal Auditor Jeannette Cantu, Executive Assistant Jill Mata, General Counsel Jim Southwell, Chief Information Officer Luther Taliaferro, Senior Director of Education Services Mike Meyer, Chief Financial Officer Rebecca Walters, Sr. Director of Youth Placement and Program Development Tushar Desai, Medical Director OTHER GUESTS PRESENT: Beth Anders, TJJD Deidre Hernandez, TJJD Fred Meinke, TJJD Karen Kennedy, TJJD Kenneth Ming, TJJD Michael Williams, TJJD Stephanie Valdez, TJJD Daniel Gunter, TJJD Emily Anderson, TJJD Jeannette, TJJD Kevin DuBose, TJJD Michael Turner, TJJD Nathan Pantel, TJJD Tammy Holland, TJJD Finance and Audit Committee Meeting October 19, 2017 293 Call to order The Honorable Judge Ritchey called the meeting to order at 11:00 a.m. Discussion, consideration and possible approval regarding excused absences There was not a vote on this item because the committee did not have a quorum. Discussion, consideration and possible approval regarding the October 27th, 2016 Meeting Minutes There was not a vote on this item because the committee did not have a quorum. Updates from the Chief Information Officer Jim Southwell, Chief Information Officer, presented this informational item. Bids for the TJJD network refreshment have been released and staff was able to define and highlight the equipment needed to replace the agency’s aged equipment. The extra effort spent to develop this package should result in bids more in line with the appropriated budget. Once bid responses are finalized, staff will order equipment and begin the implementation process which will last throughout the rest of FY 2018. A similar process for workstation refresh will be followed as staff finalizes specifications to identify all equipment to be replaced. Approximately 730 work stations will be affected. Items will be split into separate purchases over the next two fiscal years to coincide with the warranty expiration on existing equipment. At the same time, Windows 10 will be rolled out to move the agency forward with desktop operating systems. Staff will utilize the Department of Information Resources (DIR) bulk purchase arrangement. Since items are already prenegotiated, this would eliminate the bidding process. Vendors have indicated TJJD can get preferred pricing below what DIR had negotiated. Funds, allocated for Cyber Security initiatives, will repopulate an arsenal of tools to improve the overall Cyber Security footprint for the agency. Staff will determine what tools are currently in Finance and Audit Committee Meeting October 19, 2017 294 place, what the next version of those tools will look like, what resources will be required and the services to be provided. Tidbits of information, reminders about security compliance and tips to use at the office, and at home, were shared agency-wide during National Cyber Security Month in October. The quality and clarity of the images captured from the prototype of new video surveillance systems, purchased with the Prison Rape Elimination Act (PREA) Grant, far exceeded anything from TJJD’s existing system. Though this is a benefit, there would be a significant additional cost associated with moving the agency forward and staff has estimated it would take $1.5-$2 million per facility. Funds requested in the last Legislative Appropriations Request (LAR) were not granted. However staff will submit another request for equipment in the next session and continue to search for grants. In response to a question asked by Mr. Fisher, Mr. Southwell stated the overall request to replace video surveillance equipment at all facilities, in the last LAR, was $8 million. In response to a question asked by Mr. Fisher, Mr. Southwell stated, as a general rule, the life of the video surveillance equipment is 5-7 years, however the bulk of TJJD’s equipment is older than 7 years. In response to a question asked by Mr. Fisher, Mr. Southwell stated in the event of a malfunction, TJJD maintains a small supply of replacement cameras. In response to a question asked by Mr. Fisher, Mr. Southwell stated audio is available but not incorporated into the cameras staff has looked at as it was never outlined as a specification and requirement. Staff will revisit and determine, from an agency’s perspective, if audio will need to be implemented. In response to a comment made by committee member, Allison Palmer, Mr. Southwell stated Finance and Audit Committee Meeting October 19, 2017 295 staff will take into consideration to implement audio, in some locations, but not necessarily throughout all video surveillance devices. Since video surveillance was a major part of the 2007 reforms, Mr. Fisher encouraged staff to collaborate with the Office of Inspector General (OIG) regarding the advantage of the implementation of audio to receive a clear accurate understanding of what is captured. In response to a question asked by Mr. Fisher, Mr. Southwell stated the software will be bundled with the purchase of the servers therefore there will be no additional cost on top of the purchase of the cameras and servers. In response to a question asked by Mr. Fisher, Mr. Southwell stated the necessary replacements might fall under DIR’s purview but was not highlighted in previous discussions with DIR. Staff will make certain this is revisited with DIR as the agency moves forward. In response to a question asked by committee member Allison Palmer, Mr. Southwell stated the network refresh is agency wide. In response to a question asked by committee member Allison Palmer, Mr. Southwell stated the video security surveillance system was not included in the network refresh. In response to a question asked by committee member Allison Palmer, Mr. Southwell stated the video surveillance system refresh will work better with TJJD’s equipment because the performance of the new network equipment will be enhanced over what is currently in place. Updates from the Chief Financial Officer Mike Meyer, Chief Financial Officer, reported on this informational item. The End of the Year Financial Report for FY 2017 covers expenditures through August 31st. A number of obligations Finance and Audit Committee Meeting October 19, 2017 296 will be liquidated after the close of the fiscal year which will eliminate nearly all of what appears in the report as remaining funds. Cost cutting efforts throughout TJJD will allow the agency to fully pay down all the overtime accrued in 2017. Staff projects that TJJD will return between $900,000 and $1 million to the Treasury. The majority of that is from excess Data Services Center appropriations but largely attributable to the statewide hiring freeze. If not for the freeze, staff would have requested to move those funds into operations to help with the budget shortfall. In response to a question asked by committee member Allison Palmer, Mr. Meyer stated the functional review process was a lengthy process that began in the Spring of 2017. In response to a question asked by committee member Allison Palmer, Mr. Meyer stated that Executive Management will likely consider a review of this type every 2-3 years. The Office of Inspector General has launched an investigation relating to missing items discovered in the 2017 inventory process. Every year, the Business Operations & Contracts Department provides an inventory list of items assigned to respective departments within TJJD. Certain controlled items and items with certain value are on the list. If any items are identified as missing, the department begins a process to locate those items. When an item is identified as missing, it is possible the item is still in TJJD’s possession but the proper paperwork was not completed when it was transferred between departments or locations. It could also no longer be in TJJD’s possession because it was disposed without the proper paperwork, or it could be missing due to negligence or theft. For 2017 staff initially identified approximately 160 potentially missing items valued at $340,000. Following that, there were additional efforts to locate those items and to date, that number decreased to 192 items valued at $154,000. Within the Comptroller’s tracking system, missing items were currently shown as part of TJJD’s active inventory as staff continues to Finance and Audit Committee Meeting October 19, 2017 297 locate them. Under TJJD there were a total of 293 items shown under missing inventory valued at approximately $810,000. As a frame of reference, in the previous two years TJJD has retired approximately $2.85 million worth of inventory through computer recycling or items sold. The vast majority of missing items were technological in nature such as computers, laptops, radios, projectors, DVR’s printers and cameras, which are items frequently transferred between departments, employees and locations. Failure to process the proper paperwork has been determined to be the biggest issue. In most cases, the individual listed as the responsible party of an item, the person that uses the item, the person that decides whether or not to move the item and the person who actually moves the item are different people. Once staff designate who the responsible party should be, they will be responsible for filling out the proper paperwork. The financial report was reformatted to be more useful and provide detailed information regarding TJJD’s operations. Discussion Regarding TJJD Commitment and Revocation Trends Rebecca Walters, Senior Director of the Youth Placement, Reentry and Program Development Division, presented this informational item. The Summary of Fiscal Year Trends compared the commitment recommitment and revocation rates for FY17. Information included a comparison between FY16 & FY17 juvenile probation departments’ commitments. In FY17 there were 802 new admissions compared to 823 in FY16, three percent fewer in FY17. Youth who recommit have been fully and completely discharged from the agency but brought back under a new commitment. TJJD only had one recommitment in FY17. Revocations reference youth on parole status either in a halfway house (HWH) or at home on parole, and Finance and Audit Committee Meeting October 19, 2017 298 parole is revoked. TJJD was at 11 percent under the agency rate as compared to last fiscal year. In the fourth quarter staff reported more revocations than in prior quarters. In the third quarter, new admissions had the most commitments of the year while new admissions in the fourth quarter had the second highest commitments. 27 percent of new admissions were placed directly into non-secure facilities (HWH’s or Non-Secure Contract Placements). Discussion Regarding Overtime Reduction Efforts (Recommendation) Daniel Gunter, Accountability and Compliance Officer, reported on this recommendation. The information provided was a summary on the actions, and practices, the agency has either adopted or strengthened in an effort to reduce the overtime (OT) liability. Staff adopted practices at both the Central Office (CO) level and the local facility level. CO staff held weekly meetings with executive leadership, leadership from the State Programs & Facilities Division and the superintendent of secure facilities. Discussion surrounded the review of overtime, overtime reduction efforts, overtime tracking reports and general discussion on how staff can best maximize efforts to reduce overtime liability. Staff continues to meet on a monthly basis to monitor and control the phase of this process. Reports have allowed staff to track overtime (OT) more closely. In the past staff looked at OT as it was paid, but now it is reviewed as it is accrued and at the end of each week At the beginning of the calendar year, through mid-April, the nickel and dime OT accounted for approximately 23 percent of all OT accrued and currently down to 10 percent. The lowest OT accrual total for one week, in May, TJJD only had 1,824 accrued JCO’s OT for that week. In contrast the agency’s highest accrued total, for the calendar year, was in March, with 5,200 hours. From the beginning of the year to mid-April, TJJD ran 4,300 hours. Since then that number had decreased to 2,700 hours and represented a reduction of 36.5 percent per week. Finance and Audit Committee Meeting October 19, 2017 299 In response to a question asked by Chairman Ritchey, Mr. Meyer stated in the last several years, budgeting for OT had varied. However if TJJD maintains the average hours Mr. Gunter mentioned, the amount budgeted will be accurate. In response to a question asked by Mr. Fisher, Mr. Meyer stated it would be difficult to determine how significant the KRONOS system effectively managed the OT. In response to a question asked by Chairman Ritchey, Mr. Meyer stated if staff concluded anything over the last 3 years of reviewing OT, it is that active management is the biggest driver in TJJD’s success in keeping OT down. In response to a question asked by Mr. Fisher, Mr. Meyer stated during the previous biennium, staff decided not to renew the maintenance contract for the KRONOS system. In response to a question asked by Committee member Allison Palmer, Mr. Gunter stated the largest segment of personnel that accrue OT is JCO’s. In response to a question asked by committee member Allison Palmer, Mr. Gunter stated JCO’s do have a timecard where they enter their information electronically when their shift begins and ends and reviewed, and approved, by their supervisor. In response to a question asked by committee member Allison Palmer, Mr. Meyer stated the employees update their timecard information to reflect when they arrived and when they left. The supervisor reviews timecards for accuracy. In response to a question asked by committee member Allison Palmer, Mr. Meyer stated there are several core modules in the CAPPS HR system that capture time and labor, payroll, leave balances/leave request information. Finance and Audit Committee Meeting October 19, 2017 300 In response to a question asked by committee member Allison Palmer, Mr. Meyer stated active management is vital as there are vulnerabilities with both time clocks and timecards. Discussion, consideration and possible recommendation regarding the 2018 chaplains’ housing allowance designation (Recommendation) Tammy Holland, Manager of the Community Family and Chaplaincy Program, presented this recommendation. Staff requested the approval of the annual housing allowance designation for 2018 as determined by each individual chaplain. The Internal Revenue Service (IRS) has a provision for ministers who provide an eligible service, to excuse a designated amount of their salary for federal income tax. TJJD first instituted a policy regarding a chaplain housing allowance in 2013 and it is comparable to what the Texas Department of Criminal Justice (TDCJ) has done for its correctional chaplains. This is a significant way TJJD can recognize the value chaplains bring to the rehabilitation efforts to youth as well as an employment incentive with the agency. It is the chaplains’ responsibility to document their housing expenses for income tax purposes. In response to a question asked by Chairman, Judge Ritchey, Ms. Holland stated this is the fifth year the agency has requested a housing allowance designation be established for its facility chaplains. In response to a question asked by committee member Allison Palmer, Ms. Holland stated the chaplains estimated a high dollar amount so anything they claim at the end of the year can be included and they are responsible to justify that amount when they file their income tax. Discussion, consideration and possible recommendation regarding the Central Placement Unit Audit Report (Recommendation) Eleazar Garcia, Chief Internal Auditor, presented this recommendation. The Human Resources Code, Chapter 243, requires the agency to adopt placement procedures for the purpose of Finance and Audit Committee Meeting October 19, 2017 301 protecting children in custody. It requires the procedures to address youth’s age, physical condition, treatment needs, and proximity of the residence to the youth’s family when determining the most appropriate placement. In response to this requirement, TJJD implemented a facility assignment system that outlines the factors to be taken into consideration when placing a youth in a facility. The Centralized Placement Unit (CPU) is part of the Placement, Reentry and Program Development Division. The CPU is responsible for implementing the assignment system and coordinating the most appropriate placement of youth in TJJD-operated or residential contract care facilities. The objective for this audit was to evaluate the agency’s process for placing youth in TJJD facilities or residential contract care. The audit findings reflected initial placements were made and approved in accordance of policy; administrative transfers between high restriction facilities were justified and supported; and subsequent step down replacements from a high restriction facility to a medium restriction facility were justified and supported. During the audit, two potential cost saving measures were identified. It was determined youth receiving a new commitment on a charge by the Special Prosecuting Unit, do not necessarily have to travel to Ron Jackson State Juvenile Correctional Complex to be electronically finger printed. Another potential cost savings measure related to whether a specific form should be required in policy. Management concurred with findings and responses to recommendations were noted within the report. Discussion, consideration and possible recommendation regarding the FY2018 Internal Audit Plan (Recommendation) Eleazar Garcia, Chief Internal Auditor, presented this recommendation. The Internal Audit Risk Assessment and development of the Audit Plan included input from Board members, agency personnel, as well as review of policy and procedures and agency reports. It also included internal audits understanding of the agency’s internal control processes. The risk assessment is Finance and Audit Committee Meeting October 19, 2017 302 weighted towards the safety of youth and staff and this, in essence, affects the ratings for the different auditable areas. The assumptions and processes used to develop the audit plan, included the process description, risk assessment scores and the coverage schedule which reflected the risk level of each auditable unit. The proposed audit plan, for FY 2018, included three facility audits and the Texas Administrative Code Chapter 202 Information Security Standards Audit. Also included were mandatory audits, two discretionary audits of state and federal grants and three carry over projects from the FY 2017 audit plan. Those carry over projects were the endowment trust funds audit, the vocational program consulting project, and the CPU audit which was just presented. In response to a question asked by Mr. Fisher, Mr. Garcia stated the State Grant Audit would include information on how the agency managed the grant process as well as how funds were disbursed and managed. If during the course of the fiscal year, there is a need to amend the Audit Plan the proposed amended plan would be submitted to the Board for approval, as specified per Texas Government Code 2102. Discussion, consideration and possible recommendation regarding the FY2017 Internal Audit Annual Report (Recommendation) Eleazar Garcia, Chief Internal Auditor, presented this recommendation. The FY17 Internal Audit Annual Report is required, per Texas Government Code Chapter 2102. The report is to be submitted to the Office of the Governor, the Legislative Budget Board (LBB), State Auditor’s Office, Sunset Advisory Commission, and TJJD’s Board, and Executive Director by November 1, 2017 and subsequently posted on the agency’s public website. The report covered the following: Finance and Audit Committee Meeting October 19, 2017 303 • Section One: Compliance with Texas Gov. Code 2102. • Section Two: Accomplishment of the Internal Audit Plan for FY2017. • Section Three: Identify Consulting Non-Audit Services completed by Internal Audit. • Section Four: Results of the FY2015 External Quality Assurance Review of the Internal Audit Division. • Section Five: Internal Audit Plan for FY2018. • Section Six: Identify External Audits of the Agency conducted during FY2017. • Section Seven: A brief description of the entities actions taken to comply with Reporting Suspected Fraud and Abuse. Additionally, Staff are required to report on the current status of issues identified in internal audits on the FY 2017 audit plan. This is tracked through the Agency’s Audit Follow-up process and included as an exhibit attachment to the Internal Audit Annual Report. Discussion, consideration and possible recommendation regarding the FY2018 Internal Audit Charter (Recommendation) Eleazar Garcia, Chief Internal Auditor, presented this recommendation. The Standards, governing Internal Audit, stipulate the requirements of the Internal Audit Charter. The Internal Audit Charter provides the purpose, authority and responsibility of the Internal Audit Division. The Charter further establishes Internal Audit’s position within the organization, authorizes access to records, personnel, and physical properties relevant to the performance of audit engagements. Staff reviews the Charter and seek Board approval annually. The most recent approved Charter was completed in October of 2016. The current revisions to the FY 2018 Charter are as follows: • Clarified assurance and consulting services as defined by the Institute of Internal Auditors. • Updated signature date to October 2017. Finance and Audit Committee Meeting October 19, 2017 304 Discussion regarding the FY2017 Internal Annual Quality Assessment (Recommendation) Eleazar Garcia, Chief Internal Auditor, presented this informational item. The FY17 Internal Annual Quality Assessment is a requirement of the Institute of the Internal Auditors Standard 1311. The standards require staff conduct an annual internal assessment of TJJD’s audit program, as well as go through an external assessment every three years. The internal quality assessment included: • Review of the Internal Audit Charter • Review of the Internal Audit Policy Manual • Review of Audit Work Papers • Discussion of Industry best practices. • Results from the FY 2017 TJJD Customer Satisfaction Survey. • Review of Internal Audit Staff (Certifications and training records) • Results of the FY 2017 Performance Measures. • External Quality Assurance Review of Internal Audit. • Proposed FY 2018 Performance Measures Discussion, consideration and possible recommendation regarding the Juvenile Case Management System (JCMS) contract (Recommendation) Ken Ming, Director of Business Operations and Contracts, reported on this recommendation. TJJD’s current contract with the Texas Conference of Urban Counties (JCMS) for maintenance of the system will expire at the end of the calendar year for 2017. Staff have begun the process for a competitive solicitation for this service. Once the proposals are received, staff request that TJJD’s executive director have the authority to execute a contract based on results of the solicitation process. In the event a decision is not made before the current contract expires, staff request the Board to approve a 30 day extension. Staff would use the extension to prepare a different resolution and recommendation, based on the results of the competitive bidding solicitations and negotiations, staff would present a new proposal at the January 2018 board meeting. Finance and Audit Committee Meeting October 19, 2017 305 In response to a question asked committee member Allison Palmer, Mr. Ming stated criteria to decide the best value is built in to the Request for Offer. In response to a question asked by committee member Allison Palmer, Mr. Ming stated each evaluator weighs independently and individual assessments are kept confidential until the group meets for discussion. In response to a question asked by Mr. Smith, Mr. Ming stated there are people who can provide maintenance for the JCMS system. Acknowledgment of Gifts (Recommendation) Mike Meyer, Chief Financial Officer, reported on this recommendation. The Board is required to acknowledge donated gifts to the agency in a public meeting. Donated items consisted of athletic equipment donated by Lake Dallas High School and will be a great asset to the Gainesville State School’s Athletic Department. Bicycles, bicycle helmets and lego gift sets, donated to the Giddings State School, by the Giddings Community Resource Council, will be used for incentive and recreational programming for youth. These three individual gifts were valued at an estimated value over $500 and require approval from the Board. Meeting adjourned at 12:20 p.m. Finance and Audit Committee Meeting October 19, 2017 306 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Kathryn R. Gray, Staff Attorney Subject: Discussion, consideration, and possible approval regarding Committee Charters (Action) Date: January 17, 2018 Section VII of the TJJD Board Governance and Policy Manual states that the Board shall have standing committees and that each committee have a charter that has been approved by the Board. The section also provides that the Board “review and reassess the adequacy of each charter and make appropriate changes” as it deems appropriate. Previous board committees have determined that periodic review and updating of committee charters is appropriate. To assist the Board in this process, agency staff has reviewed the current charters for the Safety and Security Committee, Programs Committee, and the Finance and Audit Committee. A charter for the Trust Committee has been drafted by Kathryn Gray for review by the Trust Committee. The draft charters were presented to each committee for review, discussion, and possible presentation to the Board. The charters include the following: Purpose Mission Statement Composition (determined by the Chairman of the Board) Meeting (set by statute) Responsibilities and Duties The Board is being asked to approve the charters which have been approved by the respective committees. 307 Texas Juvenile Justice Department Board of Directors Finance and Audit Committee Charter Purpose The Board of the Texas Juvenile Justice Department has established a Finance and Audit Committee (“the Committee”). The primary functions of the Committee are to assist the agency’s Board (the “Board”) in oversight of: 1. Financial policies and integrity of financial systems, including the development of its annual and biennial budgets, legislative appropriations requests, contracts approval and management, policy reviews, and short and long‐term financial forecasts, 2. The integrity of the agency’s financial operations including the evaluation of the agency’s system of appropriations control, internal controls, and financial reporting, 3. The review of effective agency management practices, effective risk management, accountability and stewardship, 4. The internal audit function, any external auditors or other outside expertise whom the Committee may employ, and engagements with the State Auditor’s Office and other oversight entities, 5. The qualifications, independence and performance of the agency’s Chief Internal Auditor, and 6. Other duties as directed by the Board. Mission Statement The Committee has oversight over all business and audit matters as well as all compliance activities of the agency, including ensuring sound fiscal and management policies and practices in all operations. The Committee also provides oversight to ensure full compliance with all applicable local, state, and federal laws and regulations. Composition The committee is comprised of five board members. The Chairman of the Board appoints the Committee Chair as well as the other four members. Meetings The Committee will meet at least four times annually, with additional meetings occurring as circumstances dictate. The Committee Chair shall establish meeting agendas in coordination with executive leadership of the agency and the Chief Internal Auditor two weeks prior to scheduled committee meetings. Responsibilities and Duties The Committee’s specific responsibilities and duties in carrying out its oversight role are outlined in the Finance and Audit Committee responsibilities and duties checklist. The checklist will be updated annually, or more frequently as circumstances dictate, to reflect changes in regulatory requirements, authoritative guidance and evolving oversight practices. Updates to the responsibilities and duties checklist will be considered to be an addendum to this charter. The Committee relies on the expertise and knowledge of the Chief Financial Officer, Chief Internal Auditor and other executive management staff in carrying out its oversight responsibilities. The agency’s executive management is responsible for the integrity of agency’s financial information, internal controls and compliance with all applicable laws, regulations and internal policies and procedures, as well as sound business management. 308 Finance and Audit Committee Charter Checklist Responsibilities and Duties Frequency Quarter 3 Quarter 4 Quarter X X X Q X X X X Q X X X X X X X X th 2d Quarter X rd 1 Quarter Q st Q-Quarterly A-Annually B- Biennial N-As needed 1. General Administration Prepare agenda for committee meetings in consultation between the Committee Chair (with input from Committee members), the Chief Financial Officer, Chief Internal Auditor, and TJJD executive management. Meet at least four times per year or more frequently as circumstances require. The committee may ask members of executive management or others to attend the meeting and provide pertinent information as necessary. Approve minutes of previous meeting. Request Board approval of Finance, Human Resources, and Information Technology related policies. Review agency performance measures. 2. at least every 3 years Q Audit Review and approve the appointment or change in the Chief Internal Auditor. Conduct annual performance review and evaluation of the Chief Internal Auditor. Review Board policies on Internal Audit and approve necessary changes. N X A A Review and approve the annual audit plan and adequacy of internal audit resources (budget and staffing). Review the status of Internal Audit Department performance measures. A N Q Through the use of the State Agency Internal Audit Forum’s Peer Review Process, review the effectiveness of the Internal Audit function, including compliance with the Texas Internal Auditing Act, the Standards for the Professional Practice of Internal Auditing, and the Generally Accepted Government Auditing Standards. Review audit reports and adequacy of management response to recommendations. Review and approve the Annual Internal Audit Report. at least every 3 years Q X X X X X X X X X X A X Review the Annual Internal Quality Assessment. A X Review and approve Internal Audit Charter. A X A X 3. Finance Review and approve the annual operating budget for submission to the Governor’s Office of Budget, Planning, and Policy and the Legislative Budget Board. Review and approve the biennial Legislative Appropriations Request for submission to the Governor’s Office of Budget, Planning and Policy and the Legislative Budget Board. Review agency financial data, including: • • • • Executive Summary by Strategy Strategy Glossary Expenditures by Method of Finance by Strategy Method of Finance Definitions B Q X X X X X 309 Responsibilities and Duties Frequency th 4 Quarter rd 3 Quarter 2d Quarter st • • • 1 Quarter Q-Quarterly A-Annually B- Biennial N-As needed Quarter Overtime Report by Facility TJJD Staffing Report (FTE’s by category) HUB Report Summary of County Grant Information • Review annual contract plan that outlines the agency’s anticipated contracting actions for the next fiscal year. As deemed necessary by the Executive Director or his/her designee, review updates to the contract plan periodically through the fiscal year. Review results of financial audits conducted by external agencies as informational. A X N N 4. Other Request Board acknowledgement of acceptance of gifts having a value of $500 or more. Per Administrative Policy, GAP §385.1101, Paragraph d.1, any contract exceeding $500,000, and any other contract deemed appropriate for board approval, as determined by the Executive Director, is presented to the board for approval. Contracts requiring Board approval: • • • • N N Any construction contract exceeding $300,000 Any construction change order exceeding $150,000 Any contract for consultant services, as defined in Texas Government Code §2254.021, exceeding $15,000 Any contract for start‐up residential operations Review agency’s future fleet needs. A X 12/11/17 310 To: TJJD Board Members From: Camille Cain, Executive Director Jim Southwell, Chief Information Officer Subject: Updates from the Chief Information Officer Date: December 21, 2017 This memo is for informational purposes; no formal Board action is requested. TECHNOLOGY REFRESH The agency is close to completing a comprehensive network refresh for all campuses. This will increase the reliability and stability of the agency’s network, both locally and statewide and allow greater integration with security tools enabling enhanced protection for the agency’s technology resources. Given the current climate of cyber-terrorism, website compromise and advanced malware threats, the added measures of security are important and noteworthy additions to the agency’s efforts to protect its infrastructure and information resources. This project is projected to be completed in 12 months. CYBERSECURITY INFO The agency is pleased to announce that Fernando Leal joined us on November 1, 2017 as the new Information Security Officer (ISO). Mr. Leal is a veteran of the US Navy and has 25 years of IT experience working for San Diego County, where more than 8 years of his time with San Diego County focusing on IT Security. The ISO position was vacant for an extended period of time with coverage provided by IT leadership staff. Mr. Leal’s initial focus will be a complete review and possible modification of the agency’s Information Security Plan. The agency is evaluating a variety of security-related tools to further bolster its overall security footprint. The refresh of the core network systems will improve the the security landscape from both a detection and mitigation standpoint. At the same time, TJJD has the opportunity to extend TJJD’s security posture even further by leveraging security analytics to allow earlier detection and more proactive responsiveness to threat indicators. 311 WORKSTATION REFRESH With appropriations granted during the most recent Legislative session, approximately 700 workstations will be replaced with new models in the next 18 months. This effort will replace about 30% of the workstations. The orders were placed in late December to take advantage of the bulk purchase opportunity offered by DIR. EXPANDING ACCESS FOR YOUTH AND YOUTHS’ FAMILIES TO ACCESS NECESSARY BENEFITS A dedicated workstation will be added to each halfway house and district office by the end of January, to enhance the capabilities for youth and their families to access external benefits programs and resources such as Health and Human Services, Medicaid enrollment, specialized educational/Certificate programs and job searching. CAPPS MIGRATIONS CAPPS-HR/Payroll: TJJD is migrating from its on premise Human Resource system, Kronos, to the CAPPS-HR system managed by the State Comptroller. The new system will replace current functions like Core HR, Time & Labor, Payroll, Position Management, and Performance Management. The agency is currently in the process of discovery and gap analysis which will be followed by modeling and prototyping stages. The project will go live in July. CAPPS-Inventory: The CAPPS Inventory module compliments the agency’s existing CAPPS-Financials implementation. This module streamlines inventory processing in a centralized and integrated system. It provides flexible reporting and analysis tools for managing and tracking inventory and automates inventory replenishment triggers and integration with purchasing. This module is projected to go live late in FY2018. 312 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Mike Meyer, Chief Financial Officer Subject: Updates from the chief financial officer Date: January 5, 2018 Fiscal Year 2018 First Quarter Expenditures and Performance Measure Highlights The Fiscal Year (FY) 2018, first quarter financial report is attached, and follows the new layout presented to the Finance and Audit Committee in October. As noted in the summary memo, TJJD had expended or disbursed 20.6 percent of available General Revenue, or 21.2 percent when excluding probation activities. At this time, there are no indicators pointing toward a budgetary shortfall in the current fiscal year. First quarter output and efficiency performance measures are integrated into the report. Highlights will be discussed at the meeting of the Finance and Audit Committee. Note: In the summary memo, residential population comparisons are relative to internal budgeted targets, while in the performance measure section population comparisons are relative to projections/targets in the General Appropriations Act. FY 2017 Annual Financial Report Texas Government Code Section 2101.011 and Comptroller guidelines establish the requirement for, and protocols related to, state agency Annual Financial Reports (AFRs). TJJD submitted its FY 2017 AFR in November (attached) and was completing its Annual Report of Nonfinancial Data at the time of the writing of this memo. The majority of financial information reviewed by the TJJD Board focuses on direct appropriations and expenditures, tracked by appropriation year. The AFR includes “indirect” 313 funding sources (primarily dollars received from the Comptroller’s Office to pay the cost of employee benefits), as well as long term assets and liabilities. As a result of these and other differences, dollar totals in the AFR are higher than those to which the Board is accustomed and cannot be directly reconciled to other financial reports. The following table summarizes balance sheet information (excluding fiduciary funds) from the FY 2017 AFR, and compares to FY 2016. Balance Sheet Comparison ($ mil) 2017 2016 Capital Assets Total Assets $29.8 $0.1 $29.9 $46.6 $76.5 $29.2 $3.2 $32.4 $46.4 $78.8 $0.7 $(3.1) $(2.5) $0.2 $(2.3) 2.3% -97.7% -7.6% 0.4% -2.9% Liabilities Payables from General Funds Payables from Capital Projects Fund Subtotal: Payables from Gov't Funds Long-Term Liabilities (Empl. Compensable Leave) Total Liabilities $15.1 $0.1 $15.2 $9.6 $24.8 $14.2 $0.4 $14.6 $12.4 $27.0 $0.9 $(0.3) $0.6 $(2.9) $(2.3) 6.2% -80.3% 3.9% -23.0% -8.5% Net Assets Fund Balances - General Funds Fund Balance - Capital Projects Fund Subtotal: Fund Balances - Gov't Funds Capital Assets Long-Term Liabilities (Empl. Compensable Leave) Total Net Assets $14.7 $$14.7 $46.6 $(9.6) $51.7 $14.9 $2.8 $17.8 $46.4 $(12.4) $51.7 $(0.2) $(2.8) $(3.0) $0.2 $2.9 $(0.0) -1.4% -100.0% -17.1% 0.4% -23.0% 0.0% Assets General Funds Capital Projects Fund Subtotal: Gov't Funds Chg. % Notable shifts include: • • • • Capital project funds were expended, resulting in a decrease in (net) assets in this area. Capital asset depreciation was more than offset by the value of capital improvements. This is reflected in an overall increase in the value of capital assets. The value of employee compensable leave balances was lower by $2.9 million, driving overall agency liabilities downward. These various counterbalancing factors resulted in a net financial position that was virtually unchanged from the prior year. This table beginning on the following page summarizes information from the Statement of Activities (excluding fiduciary funds) for FY 2017, and compares to FY 2016. 314 Statement of Activities Comparison ($ mil) 2017 2016 Revenues General Funds Capital Projects Fund Total Revenues $363.4 $(0.0) $363.4 $349.0 $$349.0 $14.5 $(0.0) $14.4 4.1% N/A 4.1% Subtotal: Expenditures/Expenses $118.6 $40.5 $154.0 $5.1 $45.5 $363.6 $120.0 $40.1 $146.7 $0.9 $47.9 $355.6 $(1.4) $0.4 $7.3 $4.1 $(2.3) $8.0 -1.2% 0.9% 4.9% 447.2% -4.8% 2.2% Adjustments to Expenditures/Expenses Capital Outlay Depreciation Expense Long-Term Liabilities (Empl. Compensable Leave) Subtotal: Adjustments to Expenditures/Expenses Total Expenditures/Expenses $(5.1) $4.9 $(2.9) $(3.0) $360.6 $(0.9) $4.7 $2.5 $6.3 $361.9 $(4.1) $0.2 $(5.3) $(9.3) $(1.3) 447.2% 4.2% -214.9% -147.7% -0.4% $2.8 $(12.9) $15.7 -121.4% Other Financing Sources (Uses), and Adjustments Transfer Out - General Funds Capital Transfers In/Out, Sales, and Restatements (net) Appropriations Lapsed Total Other Financing Sources (Uses), and Adjustments $(3.0) $1.4 $(1.1) $(2.8) $(0.2) $3.9 $1.9 $5.7 $(2.9) $(2.6) $(3.0) $(8.5) 1817.0% -65.3% -159.1% -148.7% Total Change in Net Position $(0.0) $(7.2) $7.2 -100.0% Expenditures/Expenses Salaries and Wages Payroll Related Costs Intergovernmental Payments Capital Outlay All Other Expenditures Excess (Deficiency) of Revenues over Expenditures Chg. % The impact of capital projects and employee compensable leave on TJJD’s financial condition was discussed above. That impact is also evident in this table, particularly in how these can significantly affect the total change in net position despite being non-cash expenses. It also bears noting that one driving factor in the increase in both revenues and expenditures from FY 2016 to FY 2017 was higher appropriations for the Regionalization program. JCO Recruitment and Retention Incentives and “Special Positions” Beginning in August of 2016, TJJD has seen a persistent downward trend in filled Juvenile Correctional Officer (JCO) positions in secure facilities. Cost control measures first implemented in April/May appear to have accelerated this trend for a period of about three months; additional factors have been at play leading up to and following initiation of those measures. An analysis of JCO position data over this 16-month period suggests that TJJD is in a loss pattern that cannot be disrupted except by a “systemic shock” that significantly affects either hiring rates or separations, or both. Finance, Human Resources, State Programs, and other staff recently collaborated on two initiatives to help address these issues: a recruitment/retention program for non-transport, 315 facility-based JCOs, and the creation of “special positions” to assist in the hiring process. These initiatives are not comprehensive, but represent an important component of broader efforts to reduce JCO turnover. Recruitment/Retention Incentives Effective February 1, 2018, the majority of new and current JCOs will have the opportunity to earn up to $2,000 over base pay over the next one to two years, provided all eligibility requirements are met. • • • For new hires, this will come in the form of a $1,000 recruitment bonus at the beginning of their first year, and a retention bonus of $1,000 at the end of their second year. For recent hires (currently less than 1 year of service), this will take the form of a $1,000 merit bonus around their first anniversary, at a $1,000 retention bonus around their second anniversary. For ongoing employees (currently more than 1 year of service), this will come as a $2,000 retention bonus in about one year from now. A primary eligibility requirement is that the position must be a non-transport, facility-based JCO. JCO Transporters and halfway house JCOs cannot be considered because state law restricts these types of incentives to positions that are difficult to fill and/or experience high turnover. Neither of those conditions is met for non-transport or halfway house JCOs at this time; however, staff is in the process of evaluating other options to recognize the outstanding work of this group, such as awarding administrative leave for meritorious performance as allowable under state statute and agency policy. Additional eligibility requirements under the program relate to job performance (e.g., discipline and attendance). By law, an appropriate portion of a recruitment bonus must be returned if the employee separates from TJJD for any reason before the conclusion of one year. Also, an employee on a deferred compensation (retention bonus) contract will not receive any portion of the bonus if they separate before the one-year term of the contract is complete. Funding for the program has been identified from vacancy savings among JCO positions. As fill rates rise, TJJD’s ability to sustain a recruitment and retention program will decrease. “Special Positions” Efforts to fill JCO positions have been impacted by the requirement to hold open positions for employees while on long term military leave, as well as an apparent concern among hiring managers about unintentionally exceeding JCO caps. In the first case, holding a regular position open for an employee while s/he is on long term military leave creates an artificial staffing shortage. In response, the agency has created a pool 316 of 15 positions for holding these employees until they return. Upon return, these employees will be transferred into regular positions, either immediately or as soon as possible. To address concerns about exceeding JCO caps, TJJD now has a pool of 30 position numbers available to any campus to use if its cap is exceeded. This buffer is intended to liberate facility administration, local Human Resources, and other staff to doggedly pursue the goal of filling JCO positions, without fear of reprisal for temporarily going over their limit. In both cases, these positions do not belong to any one campus, department, or program, and are coded in a way that makes them readily identifiable. This approach is intended to provide an important tool to staff involved in the hiring process without unintended consequences to staffing reports or budgetary planning. Other Updates Below are several highlights from among recent activities within the Finance Division, other than those already covered above. Business Operations and Contracts • • • Finalized all contract renewals and new contracts for FY 2018, and closed out contracts that were not renewed. Prepared and submitted year-end reports for the Annual Procurement Plan, Annual HUB report, HUB Strategic Plan Progress Report, and Asset and Inventory certifications. Continued ongoing, regular meetings with staff of the Comptroller’s Office to prepare for deployment of the CAPPS Inventory Module. Research and Planning • • • • Hosted the TJJD Data Coordinators Conference for juvenile probation departments, with more than 200 participants. Completed legislatively mandated annual reports on community juvenile justice appropriations and FY 2017 performance measures. Completed statistical analysis for TJJD’s Treatment Effectiveness Report and Uniform Cost Report data submission. Recorded a webinar to support data-informed decision making with probation departments as the primary intended audience. Construction and Engineering • Executed agreements with existing architecture/engineering consultants to begin the design phase of projects funded by the 85th Legislature. 317 • • Continued coordinating with FEMA representatives in Hurricane Harvey disaster relief efforts to repair damaged portions of the Giddings campus. Continued closing out projects funded by the 80th and 83rd Legislatures. Fiscal Affairs and Budget • • • Completed a major initiative to centralize most all voucher payments, implement automated workflow approval, and transition to paperless processes. This initiative is resulting in significant operational efficiencies for the agency. Submitted TJJD’s Annual Financial Report, Operating Budget, Uniform Cost Report data, and Fourth Quarter 4th encumbrances. The Payroll and Budget teams collaborated with Human Resources to identify and liquidate remaining overtime balances from FY 2017, and continued working with the Comptroller’s Office to prepare for deployment of the CAPPS HR system. 318 TEXAS JUVENILE JUSTICE DEPARTMENT FINANCIAL REPORT FISCAL YEAR 2018 QUARTER 1 Texas Juvenile Justice Department Financial Status and Performance Measure Highlights Fiscal Year (FY) 2018 through November 30 Agency-wide Highlights ♦ Total Expenditures and Disbursements: TJJD expenditures and grant disbursements through the end of November total $84.2 million, including $80.2 million in General Revenue. The following table shows how year-to-date expenditures compare to the agency’s amended budget. Expenditures as a Percentage of Amended Budget General Revenue Only All Methods of Finance All Goals 26.0% 24.5% Goals B-F 21.2% 20.3% If monthly expenditures were even throughout the fiscal year we would expect the figures above to be 25 percent. However, some expenditure areas are more loaded toward the early part of the year, such as probation grant disbursements and State Office of Risk Management payments, while others see a lag in their payment cycle, such as contract residential placement and medical and psychiatric care expenses. Position vacancies, particularly among Juvenile Correctional Officers, also had the impact of driving down expenditures during the quarter. ♦ Staffing Strength: The combined total of TJJD’s and the Office of the Independent Ombudsman’s internal position caps is 2,559.1, which is 144.2 below the joint FTE allocation established in the General Appropriations Act. The below table highlights position allocations specific to TJJD, filled positions, and FTE usage as of the end of November 2017. Program Area* Authorized Inst. Supervision & Meals 1,297.6 Treatment Programing 258.8 All other agency positions 988.7 Agency Total 2,545.1 *Excludes Independent Ombudsman Filled 1,120.5 229.8 919 2,269.3 % 86.4% 88.8% 92.9% 89.1% Probation Highlights ♦ Residential Rate Structure: TJJD’s Probation & Community Services (PCS) division convened a workgroup to identify a facility level of care and daily rate structure for secure probation facilities. The goal is to recommend a tiered rate structure that supports provision of quality services at rates the juvenile probation system can support. The workgroup has met twice and hopes to have recommendations finalized by early February. 320 ♦ Grants Manual: In response to an audit recommendation, the Finance and PCS divisions have been collaborating to develop a Probation Grants Manual to guide and explain processes related to funding, awarding, and monitoring each grant the agency offers to juvenile probation departments. The manual has been in development for more than one year and is undergoing final review; when complete, it will be the first such manual since the creation of TJJD. ♦ Regional Diversions: The Regionalization Diversion Alternatives (RDA) grant is beginning its second full fiscal year. In the first quarter of FY 2018, the RDA team reviewed 84 applications and approved 55, with 50 juveniles entering a placement. ♦ New Legislation: PCS and General Counsel provided technical assistance to juvenile probation departments on the implementation of two new pieces of legislation that may impact juvenile probation department expenditures: (1) House Bill 1204, which diverts children under age 12 from formal referral to a prosecuting attorney and requires juvenile probation departments to set up and monitor for up to 3 months a treatment plan in consultation with other local juvenile service providers; and (2) Senate Bill 1548, which allows juvenile probation departments to continue providing services to juveniles for up to six months after the term of probation has ended. Staff will continue to monitor the fiscal impact of these new statutes. State Programs Highlights ♦ Population: The following table compares key ADP figures in the month of November and through the end of November to internal budgeted targets: Secure Facilities Halfway Houses Contract Care Budg. Target 1,023 146 100 1,269 November 2017 Over Actual (Under) 1,038.0 15.0 132.8 (13.2) 83.1 (16.9) 1,254.0 (15.0) % 1.5% -9.0% -16.9% -1.2% Fiscal Year-to-Date Over Actual % (Under) 1,017.2 (5.8) -0.6% 141.5 (4.5) -3.1% 82.1 (17.9) -17.9% 1,240.9 (28.1) -2.2% Figures are for reference only and should not be interpreted to represent officially reported performance measures. Comparisons are relative to internal targets, not population projections. Beginning in the spring of 2017, TJJD management took active steps to reduce the size of the state residential population while also completing a comprehensive review of staffing plans. Through these parallel processes, the agency realigned operational expectations with actual costs and available financial resources. As a result, internal budgeted population targets for state facilities and contract care are below projections in the General Appropriations Act (GAA). The total projection for all state residential programs was 1,373 in the GAA, compared to TJJD’s operational target of 1,269. The actual population in secure facilities during the first quarter of FY 2018 was slightly above TJJD’s internal budgeted population target, but slightly below on a year-to-date basis. This is reflective of an increasing trend between the start of the fiscal year and mid-November. That trend showed signs of reversing in the final days of the quarter. The population in halfway houses was below internal targets both in the month of November and for the quarter, and contract placements were significantly below internal targets. 321 ♦ Overtime: The State Programs staff continues active management of overtime expenditures. However, due to the high number of Juvenile Correctional Officer vacancies, the impact of these efforts will be limited. Overtime expenditures in fiscal year (FY) 2017 were approximately $6.0 million. TJJD began FY 2018 with about $4.4 million budgeted for this purpose, and current projections are that an additional $1.2 million to $1.5 million will be needed. If these projections bear out, FY 2018 will be approximately on par with FY 2017. As with past years, initial overtime budgets are developed based on aspirational vacancy rates. When actual vacancy rates are higher, funds are set aside from salary savings to pay the additional overtime. ♦ Construction Projects: Projects utilizing funding provided by the 83rd Legislature or earlier are very near completion. Projects utilizing funding provided by the 85th Legislature have been identified and presented to the Joint Oversight Committee on Government Facilities, as well as other state government leadership offices. These projects are in the design phase. 322 Summary by Expense Type Expense Type Budgeted Monthly Operations Salaries & Related Other Operating Expended 115,884,363 35,781,063 % 26,582,309 6,444,179 22.9% 18.0% Subtotal - Monthly Operations 151,665,426 33,026,488 21.8% Probation Grant Disbursements 157,982,587 46,450,906 29.4% 12,596,010 7,950,715 432,000 1,916,804 76,341 307,091 100,265 0.6% 3.9% 0.0% 5.2% Capital Budget Repairs and Rehabilitation IR Technologies Transportation DCS Subtotal - Capital Budget 22,895,529 483,697 2.1% Special Items JCMS Overtime SORM and Unemployment Contingency 1,256,501 4,418,421 4,339,123 341,394 417,417 868,676 2,912,953 - 33.2% 19.7% 67.1% 0.0% Subtotal - Special Items 10,355,439 Grand Total 4,199,046 342,898,981 40.5% 84,160,137 24.5% Percent Expended by Expense Type Monthly Operations Probation Grants Capital Budget Special Items 0% 10% 20% 30% Expended 40% 50% 60% 70% 80% 90% 100% Remaining Budget 323 Summary by Program: Funding View Probation Grants Program Budgeted State Aid Basic Probation Supervision Community Programs Pre & Post Adjudication Commitment Diversion Mental Health Services Expended 35,394,401 35,223,056 22,839,930 18,707,003 15,389,381 Subtotal - State Aid Targeted Grants Special Needs Diversionary Program Reg. Div. Alt. - Regional Projects Reg. Div. Alt. - Individual Diversion Prevention & Intervention, "Family" Prevention & Intervention, "School" Juvenile Justice Alternative Education Discretionary State Aid Legislatively Mandated & Other Grants Subtotal - Targeted Grants Other Grant Activity Probation Grant Unbudgeted & De-Obligations Supplimental & Emergent Needs Title IVE Pass Through Funding Subtotal - Other Grant Activity Subtotal - Probation Grants % 11,776,137 11,714,374 7,602,510 6,232,772 5,114,070 33.3% 33.3% 33.3% 33.3% 33.2% 127,553,771 42,439,863 33.3% 1,895,175 842,561 8,296,844 2,590,686 417,745 6,250,000 1,822,424 1,100,000 631,725 280,260 138,728 863,563 139,248 500,459 607,477 366,667 33.3% 33.3% 1.7% 33.3% 33.3% 8.0% 33.3% 33.3% 23,215,435 3,528,127 15.2% 2,480,052 4,733,329 482,916 0.0% 0.0% 10.2% 7,213,381 482,916 6.7% 157,982,587 46,450,906 29.4% Probation Grants by Program (Budgeted, in $ mil) State Aid-CD, $18.7 State Aid-MHS, $15.4 Title IV-E, $4.7 Prev. & Interv., $3.0 State Aid-P&P, $22.8 Other, $30.4 JJAEP, $6.3 All Other, $7.3 State Aid-CP, $35.2 Regionalization, $9.1 State Aid-BPS, $35.4 324 Summary by Program: Funding View (cont.) Agency Operations Program Budgeted Expended % Residential Operations System Administration & Support 2,369,967 588,377 24.8% Assessment & Orientation 1,715,036 414,372 24.2% 58,387,052 13,548,578 23.2% 5,088,565 1,169,803 23.0% 14,773,489 3,297,452 22.3% Halfway House Operations 8,730,363 2,232,807 25.6% Contract Placements & Oversight 6,220,043 899,700 14.5% 15,137,551 3,782,346 25.0% General Rehabilitative Treatment 7,086,951 1,734,456 24.5% Specialized Treatment 4,685,731 1,172,494 25.0% Medical/Psychiatric Care & Oversight 11,378,453 2,012,489 17.7% Construct & Renovate Facilities 12,927,749 161,059 1.2% 148,500,950 31,013,933 20.9% 3,861,737 799,242 20.7% 220,142 82,305 37.4% 4,081,879 881,547 21.6% Monitoring & Inspections 1,892,261 425,675 22.5% Administrative Investigations 1,126,127 293,352 26.0% Office of Inspector General 2,321,561 627,208 27.0% 896,225 214,153 23.9% 6,236,174 1,560,388 25.0% Training & Certification 1,890,836 425,052 22.5% Probation System Support 2,933,766 800,470 27.3% 21,272,789 3,027,840 14.2% 26,097,391 4,253,362 16.3% Subtotal - Agency Operations 184,916,394 37,709,230 20.4% Grand Total 342,898,981 84,160,136 24.5% Youth Supervision (facilities) Food and Food Service (facilities) Facility Operations Education Programs Subtotal - Residential Ops. Aftercare Services & Operations Parole Supervision, Programs & Services Interstate Agreement Subtotal - Aftercare Services & Ops. Monitoring & Investigative Operations Office of Independent Ombudsman Subtotal - Monitoring & Investigative Ops. Other Operations & Support Indirect Administration Subtotal - Other Operations & Support 325 Summary by Program: Funding View (cont.) Residential Operations by Program (Budgeted, in $ mil) Food & Food Serv. (fac), 5.09 Med/Psych & Ovrst, $11.4 Admin & Support, $2.4 A&O, $1.7 Gen & Spec Treatment, $11.8 Youth Suprvsn (fac), $58.4 Const. & Renovate Fac., $12.93 Gen & Spec Treatment, $11.8 HWHs & Contract Beds, $15.0 Education, $15.1 Percent Expended by Program Area Residential Ops. Aftercare Services & Ops. Monitoring & Investigative Ops. Other Admin. & Support 0% 10% 20% Expended 30% 40% 50% 60% 70% 80% 90% 100% Remaining Budget 326 Summary of Construction Activities Location Project Budget BWD-Ron Jackson EVN-Evins Regional GID-Giddings State School GNS-Gainesville State School MCL-Mclennan AUS-TJJD Austin Office-DVR 83rd TJJD Contingency Pending Projects Expenditures 1,496,131 1,142,504 1,415,964 622,469 1,120,002 1,000,000 16,148 10,786,782 Total $ 17,600,000 $ 83rd General Appropriations Act approved Allocation 85th General Appropriations Act approved Allocation Outstanding Work Authorizations 363,462 1,119,069 943,340 462,997 734,722 694,607 1,213 - 159,149 23,436 238,845 154,486 366,802 9,950 - 4,319,410 $ 952,668 $ Available Budget 973,519 233,780 4,986 18,478 295,442 14,935 10,786,782 12,327,921 5,500,000.00 12,100,000.00 17,600,000.00 $ Project Budget Ron Jackson, 1,496,131 Evins Regional, 1,142,504 Giddings State School, 1,415,964 Gainesville State School, 622,469 Pending Projects, 10,786,782 Mclennan, 1,120,002 83rd Contingency, 16,148 DVR, 1,000,000 327 Summary by Program: FTE View Program Residential Operations Administration & Support Assessment & Orientation Youth Supervision (facilities) Food & Food Service (facilities) Institutional Operations & Overhead Halfway House Operations Contract Placements & Oversight Education Programs General Rehabilitative Treatment Specialized Treatment Medical/Psychiatric Care & Oversight Construction & Renovate Facilities Subtotal - Residential Ops. Aftercare Services & Operations Parole Supervision, Programs & Services Interstate Agreement Subtotal - Aftercare Services & Ops. Monitoring & Investigative Operations Monitoring & Inspections Administrative Investigations Office of Inspector General Office of Independent Ombudsman Authorized 27 38 1,227 71 193.5 160.0 6.0 233.0 163.0 95.8 11.0 5.5 Filled % 26 34 1,056 65 182.5 148.0 6.0 212.0 145.0 84.8 10.0 5.5 96.3% 89.5% 86.1% 90.8% 94.3% 92.5% 100.0% 91.0% 89.0% 88.5% 90.9% 100.0% 2,230.4 1,974.3 88.5% 56.0 3.0 52.0 3.0 92.9% 100.0% 59.0 55.0 93.2% 26.0 19.0 40.0 14.0 25.0 19.0 37.0 12.0 96.2% 100.0% 92.5% 85.7% Subtotal - Monitoring & Investigative Ops. 99.0 93.0 93.9% Other Operations & Support Training & Certification Probation System Support Indirect Administration 29.0 20.7 121.0 27.0 20.0 112.0 93.1% 96.6% 92.6% Subtotal - Other Operations & Support Grand Total 170.7 2,559.1 159.0 93.1% 2,281.3 89.1% 328 Summary by Program: FTE View (cont.) Residential Operations Authorized FTEs by Program Admin & Support, A&O, 38.0 27.0 Med/Psych & Ovrst, Food Service (fac), 11.0 71.0 Construction, 5.5 HWHs & Contract Beds, 166.0 Inst Ops & Ovrhd, 193.5 Suprvsn (fac), 1,226.6 Education, 233.0 Gen & Spec Treatment, 258.8 All Other TJJD* Authorized FTEs by Program *Excludes Indep. Ombudsman Administrative Invstg., 19.0 Prob Sys Supp, 20.7 Interst Agrmnt, 3.0 Monitrng & Inspect, 26.0 Indirect Admin, 121.0 Trng & Cert, 29.0 Off Inspect Gen, 40.0 Parole, 56.0 329 Summary by Location: Funding View Location Budgeted State Residential Locations Ron Jackson State School Gainesville State School Giddings State School Evins Regional State School McLennan Cnty State School Halfway Houses Contract Placements & Oversight Corsicana State School (caretaker duties) Expended 22,782,843 21,210,351 23,574,540 15,534,955 29,548,819 9,743,570 6,220,043 80,329 4,613,732 4,405,544 5,184,381 3,431,379 6,643,968 2,313,365 899,700 18,463 % 20.3% 20.8% 22.0% 22.1% 22.5% 23.7% 14.5% 23.0% Subtotal - State Residential Locations 128,695,450 27,510,532 21.4% Probation Grant Disbursements 157,982,587 46,450,906 29.4% 56,220,943 10,198,699 18.1% Other Locations / Multi-Location* Grand Total 342,898,980 84,160,137 24.5% *Includes district offices, Central Office, and departments split across more than one location. Percent Expended by Location - Secure Facilities Ron Jackson State School Gainesville State School Giddings State School Evins Regional State School McLennan Cnty State School 0% 10% 20% Expended 30% 40% 50% 60% 70% 80% 90% 100% Remaining Budget 330 Summary by Location: FTE View Location Authorized State Residential Locations Ron Jackson State School Gainesville State School Giddings State School Evins Regional State School McLennan Cnty State School Halfway Houses Contract Placements & Oversight Corsicana State School (caretaker duties) Subtotal - State Residential Locations 401.5 373.6 429.0 281.0 516.0 183.0 6.0 2.0 Grand Total % 336.5 295.5 397.0 254.0 478.0 169.0 6.0 2.0 2,192.1 Probation Grant Disbursements Other Locations / Multi-Location* Filled 1,938.0 83.8% 79.1% 92.5% 90.4% 92.6% 92.3% 100.0% 100.0% 88.4% - - 0.0% 367.0 343.3 93.5% 2,559.1 2,281.3 89.1% *Includes district offices, Central Office, and departments split across more than one location. Vacancy Rates by Location 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Ron Jackson State School Gainesville State School Giddings State Evins Regional School State School McLennan Cnty State School Halfway Houses All Other 331 Summary by Strategy and Method of Finance General Revenue Strategy Goal A (Comm Juv Just) A.1.1 Prevention and Intervention A.1.2 Basic Supervision A.1.3 Community Programs A.1.4 Pre and Post Adjudication Facilities A.1.5 Commitment Diversion Programs A.1.7 Mental Health Services A.1.8. Regional Diversion Alternatives A.1.9. Probation System Support Subtotal - Goal A (Comm Juv Just) Goal B (State Svcs & Fac) B.1.1 Assessment & Orientation B.1.2 Institutional Operations and Overhead B.1.3 Institutional Supervision and Food Service B.1.4 Education B.1.5 Halfway House Operations B.1.6 Health Care B.1.7 Mental Health (Psychiatric) Care B.1.8 Integrated Rehabilitation Treatment B.1.10 Contract Residential Placements B.1.11. Residential System Support B.2.1 Office of the Inspector General B.2.2 Health Care Oversight B.3.1 Construct & Renovate Facilities Subtotal - Goal B (State Svcs & Fac) Goal C (Parole Svcs) C.1.1 Parole Direct Supervision C.1.2. Parole Programs and Services Subtotal - Goal C (Parole Svcs) Goal D (Indep Ombudsman) Goal E (Juv Just System) E.1.1. Training and Certification E.1.2 Monitoring and Inspections E.1.3 Interstate Agreement Subtotal - Goal E (Juv Just System) Goal F (Indirect Admin) F.1.1 Central Administration F.1.2 Information Resources Subtotal - Goal F (Indirect Admin) Subtotal - General Revenue Budgeted 3,012,177 35,778,526 40,839,745 24,782,157 19,492,500 12,804,748 9,139,405 2,805,552 Expended 1,002,811 11,776,137 12,986,910 7,935,843 6,232,772 5,114,070 418,988 797,306 148,654,810 46,264,837 1,715,036 14,773,489 61,421,041 8,796,026 8,526,863 9,287,102 1,070,744 11,111,860 6,020,043 2,369,967 2,321,561 1,020,607 331,739 414,372 3,297,452 14,073,698 1,775,726 2,184,466 1,697,052 68,389 2,730,304 899,700 588,377 627,208 247,048 84,718 128,766,078 28,688,510 2,371,344 1,490,393 542,916 256,326 % 33.3% 32.9% 31.8% 32.0% 32.0% 39.9% 4.6% 28.4% 31.1% 24.2% 22.3% 22.9% 20.2% 25.6% 18.3% 6.4% 24.6% 14.9% 24.8% 27.0% 24.2% 25.5% 22.3% 22.9% 17.2% 3,861,737 799,242 20.7% 896,225 214,153 23.9% 1,861,624 2,968,488 220,142 423,021 719,027 82,305 5,050,254 1,224,353 8,769,673 12,503,116 1,951,257 1,076,584 21,272,789 308,501,893 3,027,841 22.7% 24.2% 37.4% 24.2% 22.3% 8.6% 14.2% 80,218,936 26.0% 332 Summary by Strategy and Method of Finance (cont.) Other State Funds Strategy Goal A (Comm Juv Just) A.1.3 Community Programs A.1.6 Juv Just Alt Educ Prog Subtotal - Goal A (Comm Juv Just) Goal B (State Svcs & Fac) B.1.4 Education B.1.8 Integrated Rehabilitation Treatment B.3.1 Construct & Renovate Facilities Subtotal - Goal B (State Svcs & Fac) Budgeted 1,150,000 6,250,000 % 500,459 7,400,000 500,459 4,446,866 660,822 12,596,010 1,542,935 176,646 76,341 17,703,698 1,795,922 29,212 2,032 Goal E (Juv Just System) E.1.1. Training and Certification Subtotal - Goal E (Juv Just System) Subtotal - Other State Funds Expended 0.0% 8.0% 6.8% 34.7% 26.7% 0.6% 10.1% 7.0% 29,212 2,032 7.0% 25,132,910 2,298,413 9.1% Federal Funds Strategy Goal A (Comm Juv Just) A.1.3 Community Programs A.1.9. Probation System Support Subtotal - Goal A (Comm Juv Just) Goal B (State Svcs & Fac) B.1.3 Institutional Supervision and Food Service B.1.4 Education B.1.5 Halfway House Operations B.1.10 Contract Residential Placements Subtotal - Goal B (State Svcs & Fac) Goal E (Juv Just System) E.1.2 Monitoring and Inspections Subtotal - Goal E (Juv Just System) Subtotal - Federal Funds Budgeted 4,733,329 128,214 Expended % 482,916 3,164 4,861,543 486,080 2,054,576 1,894,659 203,500 200,000 644,683 463,684 48,341 - 4,352,735 49,900 49,900 9,264,178 1,156,708 - - 10.2% 2.5% 10.0% 31.4% 24.5% 23.8% 0.0% 26.6% 0.0% 0.0% 1,642,788 17.7% 333 Summary by Strategy and Method of Finance (cont.) All Methods of Finance Strategy Goal A (Comm Juv Just) A.1.1 Prevention and Intervention A.1.2 Basic Supervision A.1.3 Community Programs A.1.4 Pre and Post Adjudication Facilities A.1.5 Commitment Diversion Programs A.1.6 Juv Just Alt Educ Prog A.1.7 Mental Health Services A.1.8. Regional Diversion Alternatives A.1.9. Probation System Support Subtotal - Goal A (Comm Juv Just) Goal B (State Svcs & Fac) B.1.1 Assessment & Orientation B.1.2 Institutional Operations and Overhead B.1.3 Institutional Supervision and Food Service B.1.4 Education B.1.5 Halfway House Operations B.1.6 Health Care B.1.7 Mental Health (Psychiatric) Care B.1.8 Integrated Rehabilitation Treatment B.1.10 Contract Residential Placements B.1.11. Residential System Support B.2.1 Office of the Inspector General B.2.2 Health Care Oversight B.3.1 Construct & Renovate Facilities Subtotal - Goal B (State Svcs & Fac) Goal C (Parole Svcs) C.1.1 Parole Direct Supervision C.1.2. Parole Programs and Services Subtotal - Goal C (Parole Svcs) Goal D (Indep Ombudsman) Goal E (Juv Just System) E.1.1. Training and Certification E.1.2 Monitoring and Inspections E.1.3 Interstate Agreement Subtotal - Goal E (Juv Just System) Goal F (Indirect Admin) F.1.1 Central Administration F.1.2 Information Resources Subtotal - Goal F (Indirect Admin) Subtotal - All Methods of Finance Budgeted 3,012,177 35,778,526 46,723,074 24,782,157 19,492,500 6,250,000 12,804,748 9,139,405 2,933,766 Expended 1,002,811 11,776,137 13,469,826 7,935,843 6,232,772 500,459 5,114,070 418,988 800,470 160,916,353 47,251,376 1,715,036 14,773,489 63,475,617 15,137,551 8,730,363 9,287,102 1,070,744 11,772,682 6,220,043 2,369,967 2,321,561 1,020,607 12,927,749 414,372 3,297,452 14,718,381 3,782,345 2,232,807 1,697,052 68,389 2,906,950 899,700 588,377 627,208 247,048 161,059 150,822,511 31,641,140 2,371,344 1,490,393 542,916 256,326 % 33.3% 32.9% 28.8% 32.0% 32.0% 8.0% 39.9% 4.6% 27.3% 29.4% 24.2% 22.3% 23.2% 25.0% 25.6% 18.3% 6.4% 24.7% 14.5% 24.8% 27.0% 24.2% 1.2% 21.0% 22.9% 17.2% 3,861,737 799,242 20.7% 896,225 214,153 23.9% 1,890,836 3,018,388 220,142 425,053 719,027 82,305 5,129,366 1,226,385 8,769,673 12,503,116 1,951,257 1,076,584 21,272,789 342,898,981 3,027,841 22.5% 23.8% 37.4% 23.9% 22.3% 8.6% 14.2% 84,160,137 24.5% 334 Summary by Strategy and Method of Finance (cont.) Percent General Revenue Expended by Budget Goal* *Excludes Independent Ombudsman Goal A (Comm Juv Just) Goal B (State Svcs & Fac) Goal C (Parole Svcs) Goal E (Juv Just System) Goal F (Indirect Admin) 0% 10% 20% 30% Expended 40% 50% 60% 70% 80% 90% 100% Remaining Budget Remaining General Revenue by Budget Goal ($ mil)* *Excludes Independent Ombudsman $120.0 $100.0 $80.0 $60.0 $40.0 $20.0 $- Goal A (Comm Juv Just) Goal B (State Svcs & Goal C (Parole Svcs) Fac) Goal E (Juv Just System) Goal F (Indirect Admin) 335 First Quarter Performance Measure Highlights Within 5% of GAA target: Probation ADP: Deferred Prosecution ADP: Court Ordered Probation ADP: Residential Placement Mandatory Student Attendance Days JJAEP State Programs ADP: Halfway House Programs ADP: Specialized Treatment CPD: State-Operated Correctional Facility CPD: Health Care Services Cost CPD: Psych cost per day CPD: General Rehab Treatment CPD: Specialized Treatment CPD: Parole Outside 5% of GAA target Probation ADP: Conditional Release ADP: Commitment Diversion Initiatives Mandatory Students JJAEP Number of Regional Diversions CPD: Basic Supervision CPD: Residential Placement CPD: Commitment Diversion State Programs ADP: Assessment/Orientation ADP: State-Operated Correctional Facility ADA: JJD Operated Schools ADP: Gen Rehabilitation Treatment ADP: Contract Programs ADP: Parole CPD: Halfway House Cost CPD: Contracts Program Cost Target Actual % 5,542 11,500 1,916 64,000 5,733 11,494 1,960 17,578 103.45% 99.95% 102.30% 27.47% 146 820 $153.54 $20.27 $2.32 $17.15 $17.79 $15.46 141.53 791.68 $159.00 $20.32 $2.24 $17.75 $17.25 $16.07 96.94% 96.55% 103.56% 100.25% 96.55% 103.50% 96.96% 103.95% Target Actual % 3,086 1,336 1,600 150 $4.87 $35.44 $39.97 2,872 1,058 626 55 $2.48 $7.42 $19.01 93.07%a 79.19%b 39.13%c 36.67%d 50.92%e 20.94%f 47.56%g 92 1,107 1,080 1,175 120 417 $189.28 $134.85 83.47 1,017.23 961.79 1,030.20 82.12 371.36 $173.36 $183.69 90.73%h 91.89%i 89.05%j 87.68%k 68.43%l 89.06%m 91.59%n 136.22%o a In fiscal year 2017, the average daily population of juveniles supervised under conditional release was 3,054, also under the target set for the 84th legislative biennium. Juvenile arrests and referrals to probation departments continue to decline, affecting the number of youth on supervision. 336 b In fiscal year 2017, the average daily population of juveniles served in commitment diversion funded programs and placements remained close to 1,000 for each quarter, which is also below the target. The budget structure implemented in fiscal year 2016 offers juvenile probation departments additional state aid categories to use and greater flexibility in spending their funds. c This is a cumulative measure. In the first quarter, it is expected that at least 25% of the target would be served. The first quarter includes juveniles that "carry over" from the previous school year as well as new students beginning the school year in the JJAEP. d This is a cumulative measure. In the first quarter, it is expected that at least 25% of the target would be served. The number being reported for regional diversion alternatives reflects the number of applications approved. We are able to approve more diversion applications as not all youth who are approved for diversion are placed. The final disposition remains with the local judiciaries. e The state cost per day varies based on the expenditure data reporting practices of the juvenile probation departments. Due to the delayed reporting by juvenile probation departments, the expenditure information is incomplete for quarter 1. f The state cost per day varies based on the expenditure data reporting practices of the juvenile probation departments. Due to the delayed reporting by juvenile probation departments, the expenditure information is incomplete for quarter 1. g The state cost per day varies based on the expenditure data reporting practices of the juvenile probation departments. Due to the delayed reporting by juvenile probation departments, the expenditure information is incomplete for quarter 1. h The ADP of the intake youth is driven by a combination of the number of new youth received and the amount of time they stay. There is a positive relationship, if either or both of these numbers increase, the ADP will increase. For the first quarter, TJJD received 56 new youth in September, 72 youth in October, and 69 youth in November. Youth tended to stay at the intake unit about 36 days on average. For this reason, the ADP in the first quarter is under the target of 92 youth. i The target increased from 923 in fiscal year 2017 to 1,107 in fiscal year 2018. However, the agency has budged for 1,023 in state-operated secure correctional facilities to align operational beds with available resources. ADP was within the 99.44 percent of the budgeted target. While TJJD received 36 more new admissions (22% increase) in the first quarter compared to fiscal year 2017, and ADP increased to 1037.4 in November, overall ADP through the first quarter remained below the target. Nine fewer youth (22% decrease) were revoked from parole during the first quarter compared to fiscal year 2017. j State-operated secure facility ADP was lower than the target resulting in lower average daily attendance (ADA). Every student assigned to a state-operated facility is required to attend school. k The target increased from 1,069 in fiscal year 2017 to 1,175 in fiscal year 2018. However, the agency has budgeted for 1,022 operational beds in general rehabilitative treatment to align with available resources. ADP was 100.80 percent of the budgeted target. l Although the target for contract placement is 120, the agency's internal budget given the cost of contract programs is 100. The agency ADP was lower than both, because of a combination of two factors: concerted effort to start the year with fewer youth in contract placements (for example, opting to use TJJD operated halfway houses for qualified youth instead of contracted nonsecure placements) and a lack of youth who match eligibility criteria for the available contract placements. m The parole ADP for the first quarter of fiscal year 2018 is consistent with the fourth quarter of fiscal year 2017. The target for fiscal year 2018 was increased because of anticipated increases in overall population. It is likely that it will take several quarters for the increase to be realized on parole. Changes to policy which occurred at the end of fiscal year 2017, which allow certain youth to be discharged prior to age 19, will also impact parole ADP, potentially nullifying the impact of increased overall youth population. 337 n Halfway house cost per juvenile day is driven by fixed costs to run the facilities and the number of juveniles at the facility. In the first quarter of fiscal year 2018, the ADP of juveniles was approximately the same as it was in fiscal year 2017. In fiscal year 2017, a halfway house closed, leading to lower overhead costs for the halfway houses. This cost reduction continued into fiscal year 2018. o In the first quarter of fiscal year 2018, 66% of contract residential placements were in secure environments. A higher level of supervision and services was needed to meet the needs of the youth population; therefore, secure programs were utilized more than non-secure during the first quarter. Secure contract residential providers have a flat rate daily of $162.00 for boys and $172.00 for girls. The flat cost per day rate not only allows for consistency and fairness in youth care rates for programs offering the same level and type of service; but also gets the agency closer to the standard rates identified by the Health & Human Services Commission. 338 TEXAS JUVENILE JUSTICE DEPARTMENT ANNUAL FINANCIAL REPORT FISCAL YEAR ENDED AUGUST 31, 2017 (UNAUDITED) David Reilly EXECUTIVE DIRECTOR 339 340 TEXAS JUVENILEMUSTICE DEPARTMENT TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES November 20, 2017 Honorable Greg Abbott, Governor Honorable Glenn Hegar, Texas Comptroller Ursula Parks, Director, Legislative Budget Board Lisa Collier, First Assistant State Auditor Ladies and Gentlemen: We are pleased to submit the Annual Financial Report of the Texas Juvenile Justice Department for the period ended August 31, 2017, in compliance with Texas Government Code Annotated, Section 2101.011, and in accordance with the requirements established by the Comptroller of Pubic Accounts. Due to the statewide requirements embedded in Governmental Accounting Standards Board (GASB) 34, the Comptroller of Public Accounts does not require the accompanying annual financial report to comply with all the requirements in this statement. The financial report will be considered for audit by the state auditor as part of the audit ofthe State of Texas Comprehensive Annual Financial Report therefore, an opinion has not been expressed on the financial statements and related information contained in this report. If you have any questions, please contact Emily Anderson, Director of Fiscal Affairs and Budget at 512?490-7652. Ron Reininger may be contacted at (512) 490-7660 for questions related to the Schedule of Expenditures of Federal Awards. Sincerely, David Reilly I: Executive Director Scott W. Fisher, Chairman David Reilly, Executive Director 1 1209 Metric Blvd. Bldg. H, Ste. A, Austin, Texas 78758 Post Of?ce Box [2757, Austin, Texas 78711 (Tel) 512.490.7130 (Fax) 512.490.77l7 341 342 TABLE OF CONTENTS Letter of Transmittal General Purpose Financial Statements Exhibits Page Combined Balance Sheet/Statement of Net Assets Governmental Funds . 2 II Combined Statement of Revenues, Expenditures and Changes in Fund Balances] Statement of Activities Governmental Funds 6 VI Combined Statement of Fiduciary Net Position Fiduciary Funds 10 VII Combined Statement of Changes in Fiduciary Net Position 11 Notes to the Financial Statements 1 00-40201-Summary of Significant Accounting Policies 14 Capital Assets 17 Deposits, Investments and Repurchase Agreements 18 Short-Term Debt 19 Long-Term Liabilities . 19 Bond Indebtedness 19 Derivative instruments 20 Leases 20 Pension Plans 20 Deferred Compensation 20 Post- -employment Health Care and Life insurance Benefits 20 Interfund Activity and Transactions . 21 Continuance Subject to Review 22 Adjustments to Fund Balance/Net Position . 22 Contingencies and Commitments 23 Subsequent Events 23 Risk 23 Management's Discussion and Analysis 23 The Financial Reporting Entity 23 Stewardship, Compliance and Accountability 24 Not Applicable to AFR 24 Donor Restricted Endowments . 24 Extraordinary and Special Items 24 Disaggregation of Receivable and Payable Balances 24 Termination Benefits 24 Segment Information 24 Service Concession Arrangements 24 Deferred Outflows of Resources and Deferred Inflows of Resources 24 343 TABLE OF CONTENTS, continued 29 Troubled Debt Restructuring 25 30 Non-Exchange FinancialGuarantees 25 31 TaxAbatements 25 32 Fund Balances 25 Combining Financial Statements D-1 Combining Balance Sheet Capital Projects Funds 28 D-2 Combining Statement of Revenues, Expenditures, and Changes in Fund Balance Capital Projects Funds 30 Combining Statement of Fiduciary Net Position Private Purpose Trust Funds 32 l-2 Combining Statement of Changes in Fiduciary Net Position 34 Combining Statement of Changes in Assets and Liabilities Agency Funds 36 Schedules 1-A Schedule of Expenditures of Federal Awards 40 1-8 Schedule of State Grant Pass Throughs From/To State Agencies 45 2 Vending Machine Commissions 46 ii 344 FUND FINANCIAL STA TEMENTS 345 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT I COMBINED BALANCE OF NET ASSETS - GOVERNMENTAL FUNDS For the Fiscal Year Ended August 31, 2017 Governmental Fund Types Capital General Projects Fund Funds (Exhibit D-1) ASSETS AND DEFERRED OUTFLOWS: Current Assets: Cash (Note 3): On Hand 7,200 In Bank 145,000 Legislative Appropriations 27,194,708 Receivables from: Accounts Receivable 3,627 Federal Due from Other Agencies (Note 12) 1,304,905 74,912 Consumable Inventories 1,190,077 Non-Current Assets and Deferred Outflows: Capital Assets (Note 2): Non?Depreciabie or Non-Amortizable Depreciabie or Amortizabie, Net: Total Assets and Deferred Outflows 29,845,517 74,912 346 UNAUDITED Government-wide Adjustments Governmental Capital Long-Term Statement Funds Assets Liabilities Other of Total Adjustments Adjustments Adjustments Net Assets 7,200 7,200 145,000 145,000 27,194,708 27,194,708 3,627 3,627 0 1,379,817 1,379,817 1,190,077 1,190,077 822,827 822,827 45,737,298 45,737,298 29,920,429 46,560,125 0 0 76,480,554 347 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT I (Concluded) COMBINED BALANCE OF NET ASSETS - GOVERNMENTAL FUNDS For the Fiscal Year Ended August 31, 2017 LIABILITIES, DEFERRED INFLOWS AND FUND BALANCES Liabilities and Deferred Inflows Current Liabilities: Payables from: Accounts Payroll Employees' Compensable Leave (Note 5) Non-Current Liabilities and Deferred Inflows; Employees' Compensable Leave Total Liabilities and Deferred inflows Fund Financial Statement - Fund Balances Fund Balances (Deficits): Nonspendable for Inventory Restricted Assigned Unassigned Total Fund Balances Total Liabilities, Deferred inflows and Fund Balances Government-Wide Statement of Net Assets Net Assets: invested in Capital Assets, Net of Related Debt Unrestricted Total Net Assets Governmental Fund Types Capital General Projects Fund Funds (Exhibit D-1) 3,367,560 74,912 11,752,450 15,120,010 74.912 1,190,077 563,984 8,247,099 4,724,347 14,725,507 0 29,845,517 74,912 The accompanying notes to the financial statements are an integral part of this financial statement. 348 UNAUDITED Governmental Capital Long-Term Statement Funds Assets Liabilities Other of Total Adjustments Adjustments Adjustments Net Assets 3,442,472 3,442,472 11,752,450 11,752,450 7,867,310 7,867,310 1,692,475 1,692,475 15,194,922 0 9,559,785 0 24,754,707 1,190,077 1,190,077 563,984 563,984 8,247,099 8,247,099 4,724,347 4,724,347 14,725,507 0 0 0 14,725,507 29,920,429 0 9,559,785 0 39,480,214 46,560,125 46,560,125 (9.559.785) (9,559,785) 46,560,125 (9.559.785) 0 51,725,847 349 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT II COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCEISTATEMENT OF ACTIVITIES - GOVERNMENTAL FUNDS For the Fiscal Year Ended August 31, 2017 REVENUES Legislative Appropriations: Original Appropriations Additional Appropriations Federal Revenue Federal Grant Pass-Through Revenue State Grant Pass-Through Revenue Licenses, Fees and Permits Interest and Investment Income Rental of Land Sales of Goods and Services Other Revenues Total Revenues EXPENDITURES Salaries and Wages Payroll Related Costs Professional Fees and Services Travel Materials and Supplies Communication and Utilities Repairs and Maintenance Rentals and Leases Printing and Reproduction Claims and Judgments Intergovernmental Payments Public Assistance Payments Other Expenditures Capital Outlay Depreciation Expense Total Expenditures/Expenses Excess (Deficiency) of Revenues over Expenditures Governmental Fund Types Capital General Projects Funds Funds (Exhibit 0-2) 302,681,331 40,422,325 8,397,342 (46,473) 11,323,809 203,111 264 148,262 268,200 363,444,644 (46,473) 118,567,311 40,481,180 13,171,464 132,620 819,649 196 9,283,710 334,278 3,996,655 2,370,230 277,673 2,431,813 134,879 10,578 153,956,998 7,059,970 5,467,043 53,539 1,767,696 3,309,586 359,519,176 4,107,892 3,925,468 (4,154,365) UNAUDITED Governmental Capital Long-Term Statement Funds Assets Liabilities Other of Total Adjustments Adjustments Adjustments Activities 3 302,681,331 302,681,331 40,422,325 40,422,325 0 0 8,350,869 8,350,869 11,323,809 11,323,809 203,111 203,111 0 0 264 264 148,262 148,262 268,200 268,200 363,398,171 0 0 0 363,398,171 118,567,311 (2,856,527) 115,710,784 40,481,180 40,481,180 13,304,084 13,304,084 819,845 819,845 9,617,988 9,617,988 3,996,655 3,996,655 2,647,903 2,647,903 2,431,813 2,431,813 134,879 134,879 10,578 10,578 153,956,998 153,956,998 7,059,970 7,059,970 5,520,582 5,520,582 5,077,282 (5,077,282) 0 4,931,953 4,931,953 363,627,068 (145,329) (2,856,527) 0 360,625,212 ?228,897) 145,329 2,856,527 0 2,772,959 351 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT (Concluded) COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND OF ACTIVITIES - GOVERNMENTAL FUNDS For the Fiscal Year Ended August 31, 2017 Governmental Fund Types Capital General Projects Funds Funds (Exhibit D-2) OTHER FINANCING SOURCES (USES) Sale of Capital Assets 9,900 Transfer In 3,675,457 Transfer Out (3,014,482) (2,347,046) Legislative Transfer In Legislative Transfer Out Gain (Loss) on Sale of Capital Assets inc in Net Assets due to Interagy Transfer of Cap Assets (Dec) in Net Assets due to Interagy Transfer of Cap Assets Total Other Financing Sources (Uses) (3,004,582) 1,328,411 Net Change in Fund Balances/Net Assets 920,886 (2,825,954) Fund Financial Statement - Fund Balances Fund Balances - September 1, 2016 14,930,894 2,825,954 Restatements Fund Balances - September 1, 2016, as Restated 14,930,894 2.825.954 Appropriations Lapsed (1,126,273) - Fund Balances - August 31, 2017 14,725,507 0 Government-wide Statement - Net Assets Net Assets/Net Change in Net Assets Net Assets, September 1, 2016 Restatements Net Assets, September 1, 2016, as Restated Net Assets, August 31, 2017 The accompanying notes to the financial statements are an integral part of this financial statement. 352 UNAUDITED Governmental Capital Long-Term Statement Funds Assets Liabilities of Total Adjustments Adjustments Adjustments Activities 9,900 (9,900) 0 3,675,457 3,675,457 (5,361,528) (5,361,528) 0 0 0 0 0 (6,381) (6,381) 0 0 0 0 (1,676,171) (16,281) 0 0 (1,692,452) (1,905,068) 1,080,507 17,756,848 17,756,848 0 0 17,756,848 17,756,848 (1,126,273) (1,126,273) 14,725,507 17,711,082 14,725,507 129,048 2,856,527 0 17,711,082 46,386,584 (12,416,312) 0 33,970,272 44,493 44,493 46,431,077 (12,416,312) 0 34,014,765 14,725,507 46,560,125 (9,559,785) 0 51,725,847 353 TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT VI UNAUDITED COMBINED STATEMENT OF NET POSITION - FIDUCIARY FUNDS For the Fiscal Year Ended August 31, 2017 ASSETS Cash and Cash Equivalents: Cash in Bank Cash in State Treasury Cash Equivalents Restricted: Cash and Cash Equivalents: Cash in Bank Receivables from: Accounts Receivable Capital Assets: Non-Depreciable: Land and Land Improvements Depreciable: Buildings and Building improvements Less Accumulated Depreciation Facilities and Other Improvements Less Accumulated Depreciation Total Assets LIABILITIES Funds Held for Others Total Liabilities NET ASSETS Held in Trust For Individuals, Organizations, and Other Gov't Total Net Assets Private-Purpose Agency Trust Funds (Exhibit l-1) (Exhibit J-1) Totals 315,033 315,033 88,414 88,414 2,375,000 2,375,000 14,423 14,423 3,836,613 3,836,613 281,081 281,081 860,425 860,425 (544,218) (544,218) 136,253 136,253 (84.124) (84,124) 3,353,872 3,925,027 7,278,899 95,732 3,925,027 4,020,759 95,732 3,925,027 4,020,759 3,258,140 - 3,258,140 3,258,140 - 3,258,140 The accompanying notes to the financial statements are an integral part of this financial statement. 354 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT VII COMBINED STATEMENT OF CHANGES IN FIDUCIARY NET POSITION For the Fiscal Year Ended August 31, 2017 Private-Purpose Trust (Exhibit I-2) Totals ADDITIONS Investment Income From Investing Activities: Interest and Investment Income 11,399 11,399 Total Investing Income (Loss) 11,399 11,399 Total Net Investment Income (Loss) 11,399 11,399 Other Additions Other Revenue 190,567 190,567 Gain/(Loss) on Capital Assets - Transfers In - Total Other Additions 190,567 190,567 Total Additions 201,966 201,966 DEDUCTIONS Depreciation Expense 38,650 38,650 Other Expense 63,736 63,736 Total Deductions 102,386 102,386 NET INCREASE (DECREASE) IN NET ASSETS 99,580 99,580 NET ASSETS Net Assets - September 1, 2016 3,158,560 3,158,560 Restatements - Net Assets - September 1, 2016, as Restated 3,158,560 3,158,560 Net Assets, August 31, 2017 3,258,140 3,258,140 The accompanying notes to the financial statements are an integral part of this financial statements. 11 355 THIS PAGE INTENTIONALLY LEFT BLANK 12 356 NOTES TO THE FINANCIAL STATEMENTS 13 357 Texas Juvenile Justice Department NOTE 1: Summary of Significant Accounting Policies Entity The Texas Juvenile Justice Department (TJJD) is an agency of the State of Texas and its financial records comply with state statutes and regulations. This includes compliance with the Texas Comptroller of Public Accounts? Reporting Requirements for State Agencies. TJJD operates under the Texas Human Resources Code, Title 12. Its responsibilities are to support a community-based continuum of effective interventions, supports and services that reduce the need for commitment to state correctional facilities; rehabilitate youths committed to state correctional facilities through a program of care, treatment, education, and training; operate and administer the State's correctional facilities for youth; and to provide a statewide parole system. Due to the statewide requirements embedded in Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements and Management?s Discussion and Analysis for State and Local Governments, the Comptroller of Public Accounts does not require the accompanying annual financial report to comply with all the requirements in this statement. The financial report will be considered for audit by the State Auditor as part of the audit of the State of Texas Comprehensive Annual Financial Report; therefore, an opinion has not been expressed on the financial statements and related information contained in this report. Blended Component Units No component units have been identified which should have been blended into an appropriate fund. Fund Structure The accompanying financial statements are presented on the basis of funds, each of which is considered a separate accounting entity. Governmentai Fund Tmes and Governmen t-wide Adjustment Fund Tyges General Fund The General Fund is the principal operating fund used to account for most of the state?s general activities. It accounts for all financial resources except those accounted for in the other funds. Capital Projects Fund Capital Project funds are used to account for financial resources used for the acquisition, repair, renovation or construction of major capital facilities (other than those financed by proprietary or other similar trust funds). Capital Asset Adjustment Fund Tvoe Capital Asset Adjustment fund type will be used to convert governmental fund types? capital assets from modified accrual to full accrual. Lend-Term Liabilities Adiustrnent Fund Type Long-Term Liabilities Adjustment fund type will be used to convert governmental fund types' debt from modified accrual to full accrual. Other Fund TvDe Other Adjustments fund type will be used to convert all other governmental fund types' activity from modified accrual to full accrual. Fiduciagg Fund Tmes Agency Funds Agency funds are used to account for assets the government holds on behalf of others in a purely custodial capacity. Agency funds involve only the receipt, temporary investment, and remittance of fiduciary resources to individuals, private organizations, or other governments. 14 358 UNAUDITED Texas Juvenile Justice Department Fiduciary Fund Types {continued} PrivateFurpose Trust Funds Private-Purpose Trust funds are used to account for all other trust arrangements whose principal and interest benefit individuals, private organizations, or other governments. Trusts include non- State funds. Basis of Accounting The basis of accounting determines when revenues and expenditures or expenses are recognized in the accounts reported in the financial statements. The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. Governmental fund types that build the fund financial statements are accounted for using the modified accrual basis of accounting. Under the modified accrual method, revenues are recognized in the period in which they become both measurable and available to finance operations of the fiscal year or liquidate liabilities existing at fiscal year end. The State of Texas considers receivables collected within sixty days after year-end to be available and recognizes them as revenues of the current year for Fund Financial Statements prepared on the modified basis of accrual. Expenditures and other uses of financial resources are recognized when the related liability is incurred. Governmental adiuslment fund types that will build the government-wide financial statements are accounted for using the full accrual method of accounting. This includes capital assets, accumulated depreciation, unpaid Employee Compensable leave, the unmatured debt service (principal and interest) on general long-term liabilities, long-term capital leases, and long-term claims and judgments. The activity will be recognized in these fund types. Preprietarv funds, pension trust funds, external investment trust funds and private-purpose trust funds are accounted for on the accrual basis of accounting. Under the accrual basis of accounting, revenues are recognized when earned and expenses are recognized at the time liabilities are incurred. Proprietary funds distinguish operating from non-operating items. Operating revenues and expenses result from providing services or producing and delivering goods in connection with the proprietary funds principal ongoing operations. Operating expenses for the enterprise and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. Budget and Budgetary Accounting The budget is prepared biennially and represents appropriations authorized by the legislature and approved by the Governor (the General Appropriations Act). Unencumbered appropriations are generally subject to lapse 60 days after the end of the fiscal year for which they were appropriated. Assets, Liabilities, and Fund Balances/Net Assets Assets Cash and Cash Equivalents Short-term highly liquid investments with an original maturity date of three months or less are considered cash equivalents. Cagital Assets Assets with an initial, individual cost of more than 5 5,000 and an estimated useful life in excess of one year should be capitalized. These assets are capitalized at cost or, if any purchased, at appraised fair value as of the date of acquisition. Purchases of assets by governmental funds are reported as expenditures. Depreciation is reported on all "exhaustible" assets. "Inexhaustible" assets such as works of art and historical treasures are not depreciated. Road and highway infrastructure is reported on the modified basis. Assets are depreciated over the estimated useful life of the asset using the straight-line method. 15 359 UNAUDITED Texas Juvenile Justice Department Summary of Significant Accounting policies {continued} All capital assets acquired by proprietary funds or trust funds are reported at cost or estimated historical cost, if actual historical cost is not available. Donated assets are reported at fair value on the acquisition date. Depreciation is charged to operations over the estimated useful life of each asset, using the straight-line method. Liabilities Accounts Payable Accounts Payable represents the liability for the value of assets or services received at the balance sheet date for which payment is pending. Employees Compensable Leave Balances Employees? Compensable Leave Balances represent the liability that becomes ?due" upon the occurrence of relevant events such as resignations, retirements, and uses of leave balances by covered employees. Liabilities are reported separately as either current or noncurrent in the statement of net assets. Fund Balances/Net Assets The difference between fund assets and liabilities is ?Net Assets" on the government-wide, proprietary and fiduciary fund statements, and the "Fund Balance" is the difference between fund assets and liabilities on the governmental fund statements. Fund Balance Components Fund balances for governmental funds are classified as nonspendable, restricted, committed, assigned or unassigned in the fund financial statements. Nonspendable fund balance includes amounts not available to be spent because they are either (1) not in spendable form or (2) legally or contractually required to be maintained intact. Restricted fund balance includes those resources that have constraints placed on their use through external parties or by law through constitutional provisions. Committed fund balance can be used only for specific purposes pursuant to constraints imposed by a formal action of the Texas Legislature, the state?s highest level of decision making authority. Assigned fund balance includes amounts constrained by the state's intent to be used for specific purposes, but are neither restricted nor committed. Intent is expressed by (1) the Texas Legislature or (2) a body (for example, a budget or finance committee) or official to which the governing body has delegated the authority to assign amounts to be used for specific purposes. Unassigned fund balance is the residual classification for the general fund. This classification represents fund balance that was not assigned to other funds and was not restricted, committed or assigned to specific purposes within the general fund. Invested in Capital Assets, Net of Related Debt Invested in capital assets, net of related debt consists of capital assets, net of accumulated depreciation and reduced by outstanding balances for bonds, notes, and other debt that are attributed to the acquisition, construction, or improvement of those assets. Restricted Net Assets Restricted net assets result when constraints placed on net assets are either externally imposed by creditors, grantors, contributors, and the like, or imposed by law through constitutional provisions or enabling legislation. Unrestricted Net Assets Unrestricted net assets consist of net assets, which do not meet the definition of the two preceding categories. Unrestricted net assets often have constraints on resources, which are imposed by management, but can be removed or modified. 16 360 UNAUDITED Texas Juvenile Justice Department In terfund Activities and Balances TJJD has no interfund transactions or balances. However, TJJD has intrafund activity with other agencies. TJJD has amounts reported as ?Due from Other Agencies" and "Due to Other Agencies? at year-end. Additionally, TJJD has transfers to and transfers from other agencies that are reported when incurred as ?Transfer In" by the recipient agency and as ?Transfer Out" by the disbursing agency. The composition of amounts due from other agencies and transfers to and transfer from other agencies is presented in Note 12. Note 2: Capital Assets Revenue received from the sale of Surplus Property has been transferred to Unappropriated General Revenue in accordance with House Bill 7. Section 20. A summary of changes in Capital Assets for the year ended August 31, 2017, is presented below: Reclassi?cations Inc- Dec- Ealance Adjust Completed Int'agy Int'agy Balance 09101716 ments CIP Trans Trans Additions Deletions 08731l17 GOVERNMENTAL ACTIVITIES Non-depreciable or Non-amortizable Assets Land and Land Improvements 5 822.827 - 5 3 822,827 Total Non-depreciable or Non-amortizable Assets 822.827 CI 0 0 0 822.827 Depreclable Assets Buildings and Building Improvements 128.121.961 3.227.703 131,349,664 Infrastructure 12.461.512 962.186 13.423.698 Facilities and Other Improvements 7.318.060 540.790 7.858.850 Furniture and Equipment 7.879.665 97.456 (1.036.368) 6.940.753 Vehicles. Boats and Aircraft 5.774.697 87.526 249.147 (164.407) 5.946.963 Other Capital Assets 333.850 333.850 Total Depreciable Assets 161.889 745 87.526 0 5.077.282 (1.200.775) 165.853.778 Less Accumulated Depreciation for: Buildings and Building Improvements (86.780.760) (4.034.843) (90.815.603) Infrastructure (11.718.196) (158.872) (11,877,068) Facilities and Other Improvements (5.623.385) (150.392) (5.773.777) Furniture and Equipment (7.153.057) (234.197) 1.033.373 (6.353.881) Vehicles. Boats and Aircraft (4.801.982) (43.033) (338.474) 151.121 (5.032.368) Other Capital Assets (248.608) (15.175) (263.783) Total Accumulated Depreciation (116.325.988) (43.033) 0 (4.931.953) 1.184.494 (120.116.480) Depreciable Assets. Net 45.563.757 44.493 0 145.329 (16.281) 45.737.298 Amortizable Meets - Intangible Computer Software 4.212.060 (28.336) 4.183.724 Total Amortizable Assets - Intangible 4.212 060 0 0 0 (28.336) 4.183.724 Lees Accumulated Amortization for: Computer Software (4.212.060) 28.336 (4.183.724) Total Accumulated Amortization (4.212.060) 0 0 0 28.336 (4.183.724) Amortizable Assets IntangibleGovernmental Activities CapitaI Assets. Net 5 46.386.584 5 44.493 5 8 $145,329 ?16281) 546.560.1255 17 UNAUDITED Texas Juvenile Justice Department Capital Assets continued Reclassi?cations Inc? Dec? Balance Adjust- Completed Int'agy lnt'agy Balance 09IO1I16 menls CIP Trans Trans Additions Deletions 08/31?? PRIVATE-PURPOSE TRUST FUNDS Non-depreciabla or Non-amortizable Assets Land and Land Improvements 281.081 - 5 - - 5 - - 281.081 Total Non-depreciable or Non-amortizable Assets 281.081 - - - - - - 281.081 Depreciable Assets Buildings and Building Improvements 860.425 850.425 Facilities and Other Improvements 136.253 136253 Total Depreciable Assets 996.678 - - - - - - 996.678 Less Accumulated Depreciation for: Buildings and Building Improvements (511,761) (32,457) (544,218) Facilities and Other Improvements (77.931) (6.193) (84.124) Total Accumulated Depreciation (589.692) - - - - (38.650) - (628.342) Depreciable Assets. Net 406.986 - - - (38.650) 368.336 Private-Purpose Trust Funds Capital Assets. Net 5 633.067 3 - - - - 5 (36.650) 3 - 549.417 Note 3: Depos?s, Investments and Repurchase Agreements The Texas Juvenile Justice Department is authorized by statute to make investments following the "prudent person rule.? The adopted investment policy complies with this rule. Deposits of Cash in Bank As of August 31. 2017, the carrying amount of deposits was as presented below. Governmental and Business-Type Activities CASH IN BANK - CARRYING VALUE 145.000 Cash in Bank per AFR 145.000 Governmental Funds Current Assets Cash in Bank 145,000 Cash in Bank per AFR Fiduciary Funds I?t - - 1 CASH IN BANK - CARRYING VALUE 2,704,456 Less: Certi?cates of Deposit included in canying value and reported as Cash Equivalent 2.375.000 Cash in Bank per AFR 329,456 Fiduciary Funds Cash in Bank 315.033 Fiduciary Funds Restricted Cash in Bank 14.423 Cash in Bank per AFR i 329L456 18 362 UNAUDITED Texas Juvenile Justice Department Deposits. investments and Repurchase Agreements (continued) These amounts consist of all cash in local banks and a portion of short-term investments. These amounts are included on the combined statement of net assets as part of the ?cash and cash equivalents? account As of August 31. 2017. the total bank balance was as follows: Governmental and Business-Type Activities 145.000 Fiduciary Funds 2,704,456 Note 4: Short-Term Debt The Texas Juvenile Justice Department had no short-term debt at August 31. 2017- Note 5: Long-Term Liabilities Changes in Long-Term Liabilities During the year ended August 31. 2017. the following changes occurred in liabilities. Amounts Amounts Governmental Activities Balance Additions Reductions Balance Due Within Due 09I01I16 08I31I17 One Year Thereafter Em ployees' Compensable Leave 12.416.312 15.166060 3 18.022.587 9.559.785 7.867.310 1.692.475 Total Governmental Activities 3 12,416,312 15,166,060 18,022,587 9.559.785 7.867.310 1,692,475 Employees? Compensable Leave A state employee is entitled to be paid for all unused vacation time accrued. in the event of the employee?s resignation. dismissal, or separation from State employment. provided the employee has had continuous employment with the State for six months. Expenditures for accumulated annual leave balances are recognized in the period paid or taken in governmental fund types. For these fund types. the liability for unpaid benefits is recorded in the Statement of Net Assets. An expense and liability for proprietary fund types are recorded in the proprietary funds as benefits accrue to the employees. No liability is recorded for non-vesting accumulating rights to receive sick pay benefits. Note 6: Bond Indebtedness Not applicable. 19 363 UNAUDITED Texas Juvenile Justice Department Note 7: Derivative Instruments Not applicable. Note 8: Leases The Texas Juvenile Justice Department has no outstanding capital leases at August 31. 2017. Included in the expenditures reported in the financial statements are the following amounts of rent paid or due under operating leases: General Fund $1,893,209. Future minimum lease rental payments under non-cancelable operating leases having an initial term in excess of one year are as follows: Year Ended August 31 2018 1.924.928 2019 1.081.900 2020 638.768 2021 485.984 2022 251.671 2023-2027 165.714 Total Minimum Future Lease Rental Payments 4.548.965 Note 9: Pension Plans Not applicable. Note 10: Deferred Compensation Not applicable. Note 11: Postemployment Health Care and Life Insurance Benefits Not applicable. 20 364 Texas Juvenile Justice Department UNAUDITED Note 12: Interfund Activity and Transactions As explained in Note 1 on lnterfund Activities and Balances. there are numerous transactions between agencies. At year-end amounts to be received or paid are reported as: Due From Other Agencies or Due To Other Agencies Transfers In or Transfers Out The Texas Juvenile Justice Department experienced routine transfers with other state agencies, which were consistent with the activities of the fund making the transfer. The amounts Due From Other Agencies or Due to Other Agencies will be received or paid within one year from the date of the financial statements. Individual balances and activity at August 31, 2017, follows: Due From Due To Other_Ag_encies Other Agencies Source General Funds 5 5 Agency 300. Fund 0224 - Gov-Fiscal 27.352 Federal-Pass Through Agency 300. Fund 0421 - Gov-Fiscal 253.500 Federal-Pass Through Agency 530. Fund 0001 - 348.619 Federal-Pass Through Agency 551. Fund 0001 - TDA 74.072 Federal-Pass Through Agency 551. Fund 0001 - TDA 116.280 Federal-Pass Through Agency 701. Fund 0148 - TEA 417.794 Federal-Pass Through Subtotal Federal Pass Throgghi 1.237.617 Agency 529. Fund 0001 - HHSC 67.288 State Pass?Through Subtotal State Pass Throughs 67.288 Total General Funds 1,304,904 Capital Projects Funds Agency 347. Fund 7637 - TPFA 11.141 Transfer Agency 347. Fund 7663 - TPFA 63.771 Transfer Total Capital Projects Funds 74,912 Total Due FromlTo Other Agencies (Exh I) 1.379,816 21 365 UNAUDITED Texas Juvenile Justice Department interfung Activity and Transactions (continued) Transfers In Transfers Out Source General Funds 3 Agency 902. Fund 0001 - CPA 3.014.482 Unappropriated Receipts Total General Funds 0 3.014.482 Capital Projects Funds Agency 347. Fund 7637 - TPFA 1.005.376 Transfer Agency 644. Fund 7637 - TJJD 1.714.301 Transfer Agency 347. Fund 7645 TPFA 3.716 Transfer Agency 347. Fund 7663 - TPFA 955.780 629.029 Transfer Agency 644. Fund 7663 TJJD 1.714.301 Transfer Total Capital Projects Funds 3.675.457 2.347.046 Total Transfers niOut (Exh II) 3.675.457 5.361.528 The detailed state grant pass-through information is listed on Schedule 18 Schedule of State Grant Pass Throughs from State Agencies. Note 13: Continuance Subject to Review Senate Bill 653. 82nd Leg., amended the Human Resources Code to abolish the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) and to transfer the duties of those agencies to the Texas Juvenile Justice Board and the Texas Juvenile Justice Department. as created by the bill. The bill made the abolishment and transfer of duties effective December 1. 2011. The bill continued the Board and the Department until September 1. 2017. and specified that the goal of the Department is. among other priorities. to support a county?based continuum of effective interventions. supports. and services that reduce the need for commitment to state facilities. The bill established an advisory council on juvenile services to assist the Department in specified areas. Subsequently. Senate Bill 1630. 84th Leg. extended the Board and the Department until September 1, 2021. Note 14: Adjustments to Fund Balance/Net Position The Texas Juvenile Justice Department had the following adjustment to fund balance/net position during FY 2017. Capital Assets Net Assets. September 1. 2016 46.386.584 a) Restatement due to transfer of asset 44.493 Net Assets. September 1. 2016. as Restated 46,431,077 a) Restatement of net assets was done due to an asset transferred to the Texas Juvenile Justice Department in a prior year. but added to the State Property Accounting assets in the current year. 22 366 UNAUDITED Texas Juvenile Justice Department Note 15: Contingencies and Commitments The Texas Juvenile Justice Department has received several federal grants for specific purposes that are subject to review and audit by the grantor agencies. Such audits could lead to a request for reimbursements to grantor agencies for expenditures disallowed under the terms of the grant. Based on prior experience, management believes such disallowances, if any, will be immaterial. Note 16: Subsequent Events Not applicable. Note 17: Risk Management The Texas Juvenile Justice Department is exposed to a variety of civil claims resulting from the performance of its duties. It is the policy of the Department to periodically assess the proper combination of commercial insurance and retention of risk to cover losses to which it may be exposed. The Texas Juvenile Justice Department assumes substantially all risks associated with tort and liability claims due to the performance of its duties. Currently there is no purchase of commercial insurance, nor is the agency involved in any risk pools with other government entities. The Juvenile Justice Department's liabilities are reported when it is both probable that a loss has occurred and the amount of the loss can be reasonably estimated. Liabilities include an amount for claims that have been incurred but not reported. Liabilities are reevaluated periodically to consider current settlements, frequency of claims, past experience and economic factors. Losses did not exceed the funding arrangements during the past three years. Changes in the balances of the Department?s claims liabilities during fiscal 2016 and 2017 were as follows: Beginning Balance Increases Decreases Ending Balance 2016 0 70,644 (70,644) 0 2017 0 10.578 (10.578) 0 Note 18: Management?s Discussion and Analysis Not applicable. Note 19: The Financial Reporting Entity Not applicable. 23 367 UNAUDITED Texas Juvenile Justice Department Note 20: Stewardship, Compliance and Accountability Not applicable. Note 21: Not Applicable to AFR Not applicable. Note 22: Donor Restricted Endowments Not applicable. Note 23: Extraordinary and Special Items Not applicable. Note 24: Disaggregation of Receivable and Payable Balances Not applicable. Note 25: Termination Benefits Not applicable. Note 26: segment Information Not applicable. Note 27: Service Concession Arrangements Not applicable. Note 28: Deferred Outflows of Resources and Deferred Inflows of Resources Not applicable. 24 368 UNAUDITED Texas Juvenile Justice Department Note 29: Troubled Debt Restructuring Not applicable. Note 30: Non-Exchange Financial Guarantees Not applicable. Note 31: Tax Abatements Not applicable. Note 32: Fund Balances The Texas Juvenile Justice Department shows part of the General Revenue fund balance as non-spendable related to inventory, as restricted related to federal fund encumbrances, and as assigned related to non-federal encumbrances. The TJJD has the following restrictions, which cause part of the General Revenue fund balances to be restricted: Citation Comments GAAP AFR 54 Fund Fund Class 0001 0001 Restricted Federal CFDA10.553, 10.555, 16.540, 16.735, Federal funds, restrictions are externally I 16.738, 84.013. 84.027, 84.048, 84.367, 93.658 imposed by federal government and state agencies by budgets and allowable expenditures. 25 369 THIS PAGE INTENTIONALLY LEFT BLANK 26 370 COMBINING FINANCIAL 8 TA TEMEN T8 27 371 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT D-1 COMBINING BALANCE SHEET - CAPITAL PROJECTS FUNDS For the Fiscal Year Ended August 31, 2017 Construction Construction and Building and Building Repair Repair (0001) (7637) UIF (0015) UIF (7637) ASSETS AND DEFERRED OUTFLOWS: Current Assets: Legislative Appropriations 0 Due from Other Agencies 11,141 Total Assets and Deferred Outflows 0 11,141 LIABILITIES, DEFERRED INFLOWS AND FUND BALANCES Current Liabilities: Payables from: Accounts 0 11 ,141 Total Liabilities and Deferred Inflows 0 11,141 Fund Financial Statement - Fund Balances Fund Balances (Deficits): Restricted 0 0 Total Fund Balances 0 Total Liabilities, Deferred Inflows and Fund Balances 0 11,141 The accompanying notes to the financial statements are an integral part of this financial statement. 28 372 Construction Construction UNAUDITED and Building and Building Repair Repair (7645) (7663) Totals UIF (7645) UIF (7663) (Exhibit I) 0 0 63,771 74,912 0 63,771 74,912 0 63,771 74,912 0 63,771 74,912 0 0 0 0 0 0 63,771 74,912 29 373 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT D-2 COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - CAPITAL PROJECTS FUNDS For the Fiscal Year Ended August 31, 2017 Construction Construction and Building and Building Repair Repair (0001) (7637) UIF (0015) UIF (7637) REVENUES Federal Grant Pass?Through Revenue (46,473) Total Revenues (46,473) - EXPENDITURES Professional Services (3,781) Travel 196 Materials and Supplies 64,900 Repairs and Maintenance 67,127 Other Expenditures 14,456 Capital Outlay 1,293,640 Total Expenditures 0 1,436,538 Excess (Deficiency) of Revenues over Expenditures (46,473) (1,436,538) OTHER FINANCING SOURCES (USES) Transfer In 1,005,376 Transfer Out (1,714,301) Total Other Financing Sources (Uses) (708,925) Net Change in Fund Balances (46,473) (2,145,463) Fund Financial Statement - Fund Balances Fund Balances - September 1, 2016 46,473 2,145,463 Fund Balances August 31, 2017 0 0 The accompanying notes to the financial statements are an integral part of this financial statement. 30 374 Construction Construction UNAUDITED and Building and Building Repair Repair (7645) (7663) Totals UIF (7645) UIF (7663) {Exhibit II) 33 (46,473) - (46,473) 136,401 132,620 196 269,378 334,278 210,546 277,673 39,201 (118) 53,539 2.015.946 3,309,586 39,201 2,632,153 4,107,892 (39,201) (2,632,153) (4,154,365) 2,670,081 3,675,457 (3,716) (629,029) (2,347,046) (3,716) 2,041,052 1,328,411 (42,917) (591,101) (2,825,954) 42,917 591,101 2,825,954 0 0 0 31 375 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT I-1 COMBINING STATEMENT OF FIDUCIARY NET POSITION - PRIVATE-PURPOSE TRUST FUNDS For the Fiscal Year Ended August 31, 2017 Parrie Haynes John Wende Endowment Endowment (9999) (9999) UIF (7401) UIF (7401) ASSETS Cash and Cash Equivalents: Cash in Bank 152,171 67,130 Cash Equivalents 1,300,000 1,075,000 Restricted: Cash and Cash Equivalents: Cash in Bank 14,423 Capital Assets: Non-Depreciable: Land and Land Improvements 187,187 93,894 Depreciable: Buildings and Building Improvements 860,425 Less Accumulated Depreciation (544,218) Facilities and Other Improvements 136,253 Less Accumulated Depreciation (84,124) Total Assets 2,007,693 1,250,446 Funds Held for Others Total Liabilities - NET ASSETS Held in Trust For Individuals, Organizations. and Other Gov't 2,007,693 1.250.446 Total Net Assets 2,007,693 1,250,446 The accompanying notes to the financial statements are an integral part of this financial statement. 32 376 UNAUDITED Student Trust Fund (9999) Totals UIF (7403) (Exhibit VI) 95,732 315,033 2,375,000 14,423 281,081 860.425 (544,213) 136,253 {84,124} 95,732 3,353,872 95,732 95,732 95.732 95,732 3,258,140 3,258,140 33 377 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT I-2 COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET POSITION - PRIVATE-PURPOSE TRUST FUNDS For the Fiscal Year Ended August 31, 2017 Parrie Haynes John Wende Endowment Endowment (9999) (9999) UIF (7401) UIF (7401) ADDITIONS 55 Investment Income From Investing Activities: interest and investment Income 6.567 4.832 Total Investing Income (Loss) 6.567 4,832 Total Net Investment Income (Loss) 6.567 4.832 Other Additions Other Revenue 61.515 129,052 Gain/(Loss) on Capital Assets Transfers In Total Other Additions 61.515 129,052 Total Additions 68.082 133,884 DEDUCTIONS Depreciation Expense 38,650 Other Expense 12.461 51,275 Total Deductions 51.112 51,275 NET INCREASE (DECREASE) IN NET ASSE 16,970 82,610 NET ASSETS Net Assets - September 1. 2016 1,990,723 1,167,837 Restatements Net Assets - September 1. 2016, as Restated 1,990,723 1,167,837 Net Assets. August 31 2017 2,007,693 1.250.447 The accompanying notes to the financial statements are an integral part of this financial statement. 34 378 UNAUDITED Student Trust Fund (9999) Totals UIF (7403) (Exhibit VII) 11.399 0 11,399 0 11,399 190,567 0 190,567 0 201.966 38.650 63,736 0 102.386 0 99,580 3,158,560 0 3,158,560 0 3,258,140 35 379 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT J-1 COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES - AGENCY FUNDS For the Fiscal Year Ended August 31, 2017 Beginning Ending Balance Balance September 1, August 31, 2016 Additions Deductions 2017 UNAPPROPRIATED RECEIPTS: General Revenue Fund [0001) UIF ASSETS Cash in State Treasury - - Accounts Receivable 3.768.337 68.276 3,836,613 Total Assets 3.768.337 68.276 3.836.613 LIABILITIES Funds Held for Others 3,768,337 68,276 3,836,613 Total Liabilities 3.768.337 68.276 3,836,613 OTHER AGENCY FUNDS: City, cw, MTA, SPD Sates Tax (0832] {0832) ASSETS Cash in State Treasury - - Total Assets - - LIABILITIES Funds Held for Others - - Total Liabilities . - Departmental Suspense - Employee Housina Deductions UIF [9904} ASSETS Cash in State Treasury - - Total Assets LIABILITIES Funds Held for Others - - Total Liabilities - 36 380 UNAUDITED Beginning Ending Balance Balance September 1, August 31, 2016 Additions Deductions 2017 Departmental Suspense - Suspense Fund [0900] LIIF [0900} ASSETS Cash in State Treasury Total Assets - - - - LIABILITIES Funds Held for Others - Total Liabilities USPS - Overpayments to Employees! Warrant Hold Offset [09001 {9015l9016l ASSETS Cash in State Treasury 1,729 107,027 106,887 1,869 Total Assets 1,729 107,027 106,887 1,869 LIABILITIES Funds Held for Others 1.729 107,027 106,887 1,869 Total Liabilities 1,729 107,027 106,887 1,869 USPS - Direct Deposit Correction @930) [9014} ASSETS Cash in State Treasury - - - - Total Assets - . - LIABILITIES Funds Held for Others - - - - Total Liabilities - - - 37 381 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT EXHIBIT J-1 (Concluded) COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES - AGENCY FUNDS For the Fiscal Year Ended August 31. 2017 Beginning Ending Balance Balance September 1, August 31. 2016 Additions Deductions 2017 Child Support Addenda Deducts Suspense {0807) [807m ASSETS Cash in State Treasury 104,968 1.355.507 1.373.930 86.545 Total Assets 104,968 1,355,507 1,373,930 86,545 LIABILITIES Funds Held for Others 104,968 1.355.507 1,373,930 86,545 Total Liabilities 104,968 1,355,507 1,373,930 86,545 Totals - All Agency Funds ASSETS Cash in State Treasury 106,697 1,462,534 1.480.817 88.414 Accounts Receivable 3,768,337 68,276 - 3,836,613 Total Assets 3,875,034 1,530,810 1 .480,817 3,925,027 LIABILITIES Funds Held for Others 3,875,034 1,530,810 1.480.817 3,925,027 Total Liabilities 3,875,034 1,530,810 1,480,817 3,925,027 The accompanying notes to the financial statements are an integral part of this financial statement. 38 382 SCHEDULES 39 383 TEXAS JUVENILE JUSTICE DEPARTMENT SCHEDULE 1A UNAUDITED SCHEDULE OF EXPENDITURES 0F FEDERAL AWARDS For the Fiscal Year Ended August 31, 2017 Federal Grantorl Pass-Through Grantorl Program Title Federal CFDA Number Pass-Through From Agy. Identifying Number U.S. Department of Justice Pass-Through From: Office of the Governor Juvenile Justice Delinquency Prevention Allocation to the States - FBA Curriculum PREA Program: Demonstration Projects to Establish ?Zero Tolerance" Cultures for Sexual Assault in Correctional Facilities - PREA Technology Edward Byrne Memorial Justice Assistance Grant Program - Fire Alarm Total, U.S. Department of Justice U.S. Department of Homeland Security Pass-Through From: Texas Department of Public Safety Disaster Grants - Public Assistance Total, U.S. Department of Homeland Security U.S. Department of Agriculture Pass?Through From: Texas Department of Agriculture National School Breakfast Program National School Lunch Program Food Distribution (NON-MONETARY) Total, U.S. Department of Agriculture 16.540 16.735 16.738 97.036 10.553 10.555 10.555 40 300 3122401 3168902 3407301 405 551 TX - 227-2013 TX - 227-2013 384 Pass-Through From UNAUDITED Agencies Direct Program Total PT From 8. Amount Amount Direct Programs 39,000 39,000 59,228 59,228 253,500 253,500 351,728 0 351,728 (54,415) (54.415) (54,415) 0 (54,415) 874,517 874,517 1,379,943 1,379,943 164,712 164,712 2,419,172 0 2,419,172 41 385 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT SCHEDULE 1A (Continued) SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Fiscal Year Ended August 31, 2017 Pass-Through From Federal Grantor Federal Pass-Through Grantor! CFDA Agy. Identifying Program Title Number Number U.S. Department of Education Pass-Through From: Texas Education Agency 701 Elementary and Secondary Education Act- Title State Agency Program for Neglected and 84.013 16-610801 Delinquent Children and Youth 17-610801 Elementary and Secondary Education Act? Special Education - Grants to States 84.027 16-650001 17-660001 Vocational and Applied Technology Education Act- Career and Technical Education - Basic Grants 84.048 16-42000? to States 17-420007 Elementary and Secondary Education Act- lmproving Teacher Quality State Grants 84.367 16-694501 17-694501 Total, U.S. Department of Education U.S. Department of Health and Human Services Pass-Through From: Texas Department of Family and Protective Services 530 12-0224-00001 Foster Care-Title IV-E 93.658 Total, U.S. Department of Health and Human Services TOTAL FEDERAL FINANCIAL ASSISTANCE 42 386 Pass-Through From UNAUDITED Agencies Direct Program Total PT From 8. Amount Amount Direct Programs 53 1,195,016 1,195,016 713,749 713,749 102,238 102,238 266,030 266,030 2,277,032 0 2,277,032 3,522,065 3,522,065 3,522,065 0 3,522,065 8,515,581 0 8,515,581 43 387 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT SCHEDULE 1-A (Concluded) SCHEDULE OF EXPENDITURES 0F FEDERAL AWARDS For the Fiscal Year Ended August 31, 2017 Note 1 - Non-Monetary Assistance The Food Distribution Program is presented at the federally assigned value of the commodities distributed. The commodities are received from the US. Department of Agriculture (Federal CFDA Number 10.555). The estimated dollar value for fiscal year 2017 was $164,712. Note 2 - Reconciliation Below is a reconciliation of the total of federal pass-through and federal expenditures as reported on the Schedule of Expenditures of Federal Awards to the total federal revenues and federal pass-through revenues as reported in the general-purpose financial statements. Generally, federal funds are not earned until expended; therefore, federal revenues equal federal expenditures for the reporting period. Per Combined Statement of Revenues Expenditures, and Changes in Fund Balance - Governmental Fund Types (Exh. ll): Federal Revenue (Exh. ll) Federal Pass-Through Revenue (Exh. ll) 8,350,869 Subtotal 8,350,869 RECONCILING ITEMS: Non-monetary Federal Commodities 164,712 Total Pass-Through and Expenditures per Federal Schedule 8,515,581 44 388 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT SCHEDULE 1B SCHEDULE OF STATE GRANT PASS-THROUGHS STATE AGENCIES For the Fiscal Year Ended August 31, 2017 Pass-Through From: Health and Human Services Commission North STAR Program Total Health and Human Services Commission Texas Department of State Health Services: Substance Abuse Treatment Total Texas Department of State Health Services Texas Education Agency: Available School Fund - Per Capita FSP - Texas Juvenile Justice Department Subtotal Independent School District Funds Juvenile Justice Alternative Education Program Subtotal Juvenile Justice Alternative Education Program Instructional Materials Allotment Subtotal instructional Materials Allotment Total Texas Education Agency Total Pass-Though From Other State Agencies (Exh II) 45 Agency Grant ID Number Amount 529.0001 529 765,365 765,365 537.0015 537 (125,433) (125,433) 701.0007 701 391,535 701.0018 701 4,038,990 4,430,525 701.0022 701 6,250,000 6,250,000 701.0048 701 3,352 3,352 10,683,877 11,323,809 389 UNAUDITED TEXAS JUVENILE JUSTICE DEPARTMENT SCHEDULE 2 VENDING MACHINE COMMISSIONS For the Fiscal Year Ended August 31, 2017 In order to meet the reporting requirements of ?2203.005, Government Code, the following schedule shows the amount of vending machine commissions and the disposal of such funds. Commissions Vending Machine Total Commissions Disposal of Commissions Funds Deposited in State Treasury for Student Benefit Fund Total Disposal of Commissions 46 30,259 30,259 30,259 30,259 390 Summary of Commitment Trends for FY 2018 New Commitment Data All Counties - FYTD change from FY 2017 2017 2018 TJJD Regions - FYTD FY 2017 I No. 1- North I No.2 West No.3 South I No.4 - East FY 2018 I No. 1? North I No.2 - West No.3 South I No. 4 - East 0-. Note: All charts compare commitment data for the current fiscal year to date (FYTD) with the same timeframe from the previous fiscal year. 391 County FY17 FY18 County FY17 FY18 County FY17 FY18 County FY17 FY18 Anderson 0 0 Cass 0 Eastland 0 0 Hardin 0 0 Andrews 1 2 Castro 0 0 Ector 1 2 Harris 58 56 Angelina 0 1 Chambers 0 0 Edwards 0 0 Harrison 0 2 Aransas 0 0 Cherokee 0 1 Ellis 0 Hartley 0 Archer 0 0 Childress 0 0 El Paso 6 2 Haskell 0 0 0 0 Clay 0 Erath 0 0 Hays 1 Atascosa 0 0 Cochran 0 Falls 2 1 Hemphill 0 Austin 0 0 Coke Fannin 0 0 Henderson 0 1 Bailey 0 1 Coleman 0 0 Fayette 0 0 Hidalgo 5 3 Bandera 2 1 Collin 2 3 Fisher 0 0 Hill 0 3 Bastrop 0 0 Collingsworth 0 0 Floyd 0 Hockley 0 0 Baylor 0 0 Colorado 0 1 Foard 0 0 Hood 0 1 Bee 0 0 Comal 4 Fort Bend 4 7 Hopkins 0 0 Bell 2 3 Comanche 2 0 Franklin 0 0 Houston 0 Bexar 7 7 Concho 0 0 Freestone 0 0 Howard 0 1 Blanco 0 0 Cooke 0 0 Frio 0 Hudspeth 0 Borden 0 Coryell 0 0 Gaines 0 0 Hunt 0 0 Bosque 0 0 Cottle 0 0 Galveston 1 2 Hutchinson 0 0 Bowie 0 0 Crane Garza 0 Irion 0 Brazoria 7 7 Crockett 0 0 Gillespie 0 0 Jack 0 Brazos 2 2 Crosby 0 Glasscock 0 0 Jackson 0 1 Brewster 0 0 Culberson 0 Goliad 0 0 Jasper 3 Briscoe Dallam 0 Gonzales 0 0 Jeff Davis 0 0 Brooks 1 0 Dallas 6 16 Gray 0 0 Jefferson 8 2 Brown 0 1 Dawson 0 Grayson 0 0 Jim Hogg 0 0 Burleson 0 0 Deaf Smith 3 2 Gregg 3 5 Jim Wells 0 0 Burnet 0 0 Delta 0 Grimes 0 Johnson 1 Caldwell 0 0 Denton 5 2 Guadalupe 0 0 Jones 1 1 Calhoun 0 DeWitt 0 0 Hale 0 1 Karnes 1 1 Callahan 0 Dickens 0 Hall 0 0 Kaufman 1 2 Cameron 7 10 Dimmit 0 0 Hamilton 0 0 Kendall 0 Camp 0 0 Donley 0 0 Hansford 0 0 Kenedy 0 Carson 0 Duval 0 0 Hardeman 0 0 Kent 0 0 392 County FY17 FY18 Uvalde 0 0 Val Verde 0 2 Van Zandt 0 Victoria 1 2 Walker 0 Waller 0 0 Ward 0 0 Washington 1 0 Webb 2 2 Wharton 0 0 Wheeler 1 0 Wichita 2 2 Wilbarger 0 0 Willacy 0 0 Williamson 1 3 Wilson 0 0 Winkler 1 0 Wise 1 0 Wood 0 2 Yoakum 0 0 Young 1 0 Zapata 0 Zavala 0 0 Totals 222 247 Change 11% County FY17 FY18 County FY17 FY18 County FY17 FY18 Kerr 1 0 Milam 1 0 Rockwall 0 0 Kimble 0 0 Mills 0 0 Runnels 0 King 0 0 Mitchell 0 0 Rusk 0 0 Kinney 0 0 Montague 0 0 Sabine 0 Kleberg 0 0 Montgomery 4 6 San Augustine 0 0 Knox 0 0 Moore 2 1 San Jacinto 0 1 Lamar 4 0 Morris 0 0 San Patricio 1 0 Lamb 0 Motley 0 0 San Saba 0 Lampasas 1 0 Nacogdoches 0 2 Schleicher 0 0 La Salle 0 0 Navarro 0 0 Scurry 0 0 Lavaca 0 0 Newton 0 Shackelford 0 Lee 0 Nolan 0 0 Shelby 1 0 Leon 0 Nueces 4 3 Sherman 0 0 Liberty 0 1 Ochiltree Smith 7 8 Limestone 0 Oldham 0 0 Somervell 0 0 Lipscomb 1 Orange 0 1 Starr 0 0 Live Oak 0 0 Palo Pinto 0 0 Stephens 0 Llano 0 0 Panola 0 0 Sterling 0 Loving 0 0 Parker 1 0 Stonewall 0 Lubbock 7 5 Parmer 0 Sutton 0 0 0 Pecos 0 0 Swisher 1 Madison 0 0 Polk 0 0 Tarrant 16 16 Marion 0 1 Potter 5 1 Taylor 3 3 Martin 0 0 Presidio 0 0 Terrell 0 0 Mason 0 0 Rains 0 0 Terry 0 Matagorda 0 Randall 1 1 Throckmorton 0 0 Maverick 0 0 Reagan 0 0 Titus 0 McCulloch 0 0 Real 0 0 Tom Green 0 McLennan 4 11 Red River 0 0 Travis 3 5 McMullen 0 Reeves 1 0 Trinity 0 0 Medina 1 0 Refugio 0 0 Tyler 0 Menard 0 Roberts 0 0 Upshur 0 1 Midland 3 4 Robertson 0 0 Upton 0 393 County Total Sept. Oct. Nov. Dec. Jan. Feb. March April May June July Aug. Change '15 -16% 3% 3% 0% Change '16 ~16% -16% -24% -13% Change '17 38% 35% -18% FY15 67 70 67 50 FY16 67 86 67 7O FY17 58 52 51 61 FY18 56 72 69 50 TJJD Regions FY17 FY18 Change Texas Areas FY17 FY18 Change No. 1- North 57 26% 80 32% 40% Houston Area 58 56 No. 2 - West 36 16% 29 12% ~19% Area 22 32 45% No. 3 - South 44 20% 49 20% 11% San Antonio 7 11 57% No.4 - East 85 38% 89 36% 5% Austin 5 8 60% Border Area 20 19 Probation Regions FY17 FY18 Change East Texas 18 19 6% Central 31 14% 4O 29% 29% Panhandle/West 19 15 -21% North 36 16% 45 32% 25% Northeast 15 7% 23 16% 53% Panhandle 19 9% 14 10% ?26% South 20 9% 18 13% ?10% Southeast 84 38% 89 64% 6% West 17 8% 18 13% 6% Houston Adjacent 74 79 394 Summary of Commitment Trends for FY 2018 Revocation Data All Counties - FYTD change from FY 2017 ?0 0 29? 2017 2018 TJJD Regions - FYTD I No.1- North I No. 1- North I No.2 - West I No. 2 - West '1 No. 3 - South No.3 - South I No.4 - East I No.4 - East FY17 2 I FY18 1 0 ?50 Note: All charts compare commitment data for the current fiscal year to date (FYTD) with the same timeframe from the previous fiscal year. 395 Summary of Commitment Trends for FY 2018 Revocation Data, Cont. Charges Proven in Revocation Hearings FY 2018 5e}? 0-2 $04- 006 {a ?59' vgi? V?g?s 0% lFelony lMisdemeanor mTechnical Charges Proven FYTD 2017 Misdemeanor, 41% - Non-Compliance, Felony, 9% 2% 396 County FY17 FY18 County FY17 FY18 County FY17 FY18 County FY17 FY18 Anderson 0 Cass 0 Eastland 1 0 Hardin 0 Andrews 0 Castro 0 Ector 4 2 Harris 6 5 Angelina 1 0 Chambers 0 Edwards 0 Harrison 0 Aransas 0 Cherokee 1 0 Ellis 0 Hartley 0 Archer Childress 0 El Paso 5 1 Haskell 0 0 Clay 0 Erath 1 Hays 0 Atascosa 0 Cochran 0 Falls 1 Hemphill 0 Austin 0 Coke 1 Fannin 0 Henderson 0 Bailey 0 Coleman 0 Fayette Hidalgo 1 0 Bandera Collin 0 Fisher 0 Hill 1 Bastrop 0 Collingsworth 0 Floyd 0 Hockley 0 Baylor 0 Colorado 0 Foard 0 Hood 1 0 Bee 0 Comal 0 Fort Bend 0 Hopkins 0 Bell 2 Comanche 0 Franklin 0 Houston 0 Bexar 1 1 Concho Freestone 0 Howard 1 Blanco 0 Cooke 0 Frio 0 Hudspeth Borden 0 Coryell 1 0 Gaines 0 Hunt 0 Bosque 0 Cottle 0 Galveston 2 1 Hutchinson 0 Bowie 0 Crane 0 Garza Irion 0 Brazoria 0 Crockett 0 Gillespie 0 Jack 0 Brazos 1 3 Crosby 0 Glasscock 0 Jackson 0 Brewster 0 Culberson Goliad 0 Jasper 0 Briscoe 0 Dallam Gonzales 1 Jeff Davis 0 Brooks 0 Dallas 1 1 Gray 0 Jefferson 1 3 Brown 1 0 Dawson 0 Grayson 1 Jim Hogg 0 Burleson 0 Deameith Gregg 0 Jim Wells 0 Burnet 0 Delta 0 Grimes 0 Johnson 0 Caldwell 0 Benton 2 1 Guadalupe 0 Jones 0 Calhoun 0 DeWitt Hale 1 0 Karnes 0 Callahan 0 Dickens 0 Hall 0 Kaufman 1 Cameron 2 Dimmit 0 Hamilton 0 Kendall 0 Camp 0 Donley 0 Hansford 0 Kenedy 0 Carson 0 Duval 0 Hardeman 0 Kent 0 397 County FY17 FY18 County FY17 FY18 County FY17 FY18 County FY17 FY18 Kerr 1 2 Milam 1 0 Rockwall Uvalde Kimble 0 Mills 0 Runnels 0 Val Verde 0 King 0 Mitchell 0 Rusk 0 Van Zandt Kinney 0 Montague 0 Sabine 0 Victoria 1 0 Kleberg 0 Montgomery 1 1 San Augustine 0 Walker 0 Knox 0 Moore 0 San Jacinto Waller 0 Lamar 0 Morris 0 San Patricio 0 Ward 0 Lamb 0 Motley 0 San Saba 0 Washington 0 Lampasas 0 Nacogdoches 1 Schleicher 0 Webb 1 0 La Salle 0 Navarro 0 Scurry 0 Wharton 0 Lavaca 0 Newton 0 Shackelford 0 Wheeler 0 Lee 0 Nolan 0 Shelby 0 Wichita 1 1 Leon 0 Nueces 1 Sherman 0 Wilbarger 0 Liberty 0 Ochiltree Smith 0 Willacy Limestone 0 Oldham 0 Somervell 0 Williamson 0 Lipscomb 0 Orange 1 Starr 0 Wilson 0 Live Oak 0 Palo Pinto 0 Stephens 0 Winkler Llano 0 Panola 0 Sterling 0 Wise 0 Loving 0 Parker 0 Stonewall 0 Wood 0 Lubbock 0 Parmer 0 Sutton 0 Yoakum 0 0 Pecos 0 Swisher 0 Young 0 Madison 0 Polk 0 Tarrant 3 4 Zapata 0 Marion 0 Potter 0 Taylor 4 1 Zavala 0 Martin 0 Presidio Terrell 44 Mason 0 Rains 0 Terry 0 Total Revoked 49 44 Matagorda Randall 0 Throckmorton 0 Change -10% Maverick 1 0 Reagan Titus 0 McCulloch 0 Real 0 Tom Green 1 Not Revoked McLennan 3 0 Red River 0 Travis 0 Total Held McMullen 0 Reeves 0 Trinity 0 Medina 1 0 Refugio 0 Tyler 0 Menard 0 Roberts 0 Upshur 0 Midland 1 Robertson 0 Upton 0 398 County Total Sept. Oct. Nov. Dec. Jan. Feb. March April May June July Change ?15% 0% -47% 50% FY17 - 13 13 15 8 FY17 - No 4 3 2 FY17 - Total 14 18 18 10 FY18- 11 13 8 12 FY18 - No 3 6 2 FY18 - Total 11 16 14 14 FY2017 Sept. Oct. Nov. Dec. Jan. Feb. March April May June July Charges Felony 17% Misdemeanor 42% Technical 42% Non-Compliance 20% Absond/Escape 4 67% 4 57% 4 100% 4 80% Other TJJD Regions FY17 FY18 Change Texas Areas FY17 FY18 Char No. 1- North 15 31% 12 27% ?20% Houston Area 6 5 -179 No. 2 - West 14 29% 8 18% ?43% Area 4 5 25% No. 3 - South 9 18% 10 23% 11% San Antonio 1 1 0% No.4 - East 11 22% 14 32% 27% Austin 0 0 Border Area 8 3 East Texas 2 5 1509 Panhandle/West 8 4 -509 399 Summary of Commitment Trends for FY 2018 Recommitment Data All Counties - FYTD change from FY 2017 12017 2018 . \0 V990 TJJD Regions - FYTD I No.1- North 0% I No.1? North IND. 2-West I No. 2-West No.3 - South No.3 South No.4 - East I No.4 - East Areas of Texas - FYTD Changes FY17 0.3 4 0 2 I FY18 0so$ Note: All charts compare commitment data for the current fiscal year to date (FYTD) with the same timeframe from the previous fiscal year. 400 TRANSFORMING YOUNG LIVE S AND CRE ATING SAFER COMMUNITIE S BOARD MEMBERS Scott W. Fisher, Chair Bedford, Texas Edeska Barnes Jasper, Texas James Castro Bergheim, Texas The Honorable Lisa Jarrett San Antonio, Texas Internal Audit Follow-Up Report Project 17-00 January 2018 Candy Noble Lucas, Texas Pama Hencerling Victoria, Texas David “Scott” Matthew Georgetown, Texas Mary Lou Mendoza San Antonio, Texas The Honorable Stephanie Moreno Beeville, Texas Allison Palmer San Angelo, Texas Jimmy Smith Midland, Texas The Honorable Wes Ritchey Dalhart, Texas The Honorable Carol Bush Waxahachie, Texas EXECUTIVE DIRECTOR Camille Cain Chief Auditor Eleazar Garcia, CIA, CRMA www.tjjd.texas.gov 401 Internal Audit Mission To provide the agency audit and consulting services that enhance accountability and assist the agency in accomplishing its mission and objectives through managing risk, increasing control awareness, improving processes, facilitating change, and promoting best practices. Team Members Shannon Wylie Karen McCarther Jehryca Rayford Stephanie Valdez, CGAP For additional copies contact: Texas Juvenile Justice Department Office of Internal Audit P.O. Box 12757 Austin, TX 78711 512-490-7190 402 TRANSFORMING YOUNG LIVE S AND CRE ATING SAFER COMMUNITIE S Memorandum To: TJJD Board Members Camille Cain, Executive Director From: Eleazar Garcia, Chief Auditor Subject: Internal Audit Follow-Up Report 17-00 Date: January 25, 2018 This report contains a status update on the agency’s implementation of management actions to previously reported audit findings and recommendations. Follow-up on audit recommendations is an ongoing process requiring assessment of management responses and actions. Internal Audit initiated use of CCH® TeamMate TeamCentral as the follow-up database in November 2013. TeamCentral provides agency management the ability to provide statuses and/or adjust implementation dates directly into Internal Audit’s database. Internal Audit will work with management and perform verification work on statuses reported by management as “Implemented”. The scope of the follow-up was established based on information reported by management as of September 8th 2017. It entailed verification of implementation for action plans reported by management as implemented for 34 internal audit recommendations. In addition, Internal Audit performed follow-up on three open recommendations for findings reported by the State Auditor’s Office and 10 open recommendations for finding reported by the Comptroller. In all, the follow-up encompassed 19 audits and a total of 47 recommendations. Verification includes reviewing and analyzing evidence of implementation of the management actions by interviewing staff, reviewing supporting documentation, and conducting tests to determine effectiveness of the management’s actions. Based on the results of the verification work, recommendations will be either closed or returned to “Underway” if they are found not fully implemented. This audit follow-up review was conducted in conformance with the International Standards for the Professional Practice of Internal Auditing and Generally Accepted Government Auditing Standards. These standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objective. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions. cc Chelsea Buchholtz, Chief of Staff Executive Management 403 This page intentionally left blank. Texas Juvenile Justice Department 404 RESULTS Management continues to address and improve upon the implementation of corrective actions. Follow-up on audit recommendations is an ongoing process requiring assessment of management responses and actions. The status of management actions was determined based on the following:      A. Underway - The implementation process of the recommendation has been started. Management Reports as Implemented - Management reports that corrective action has been implemented and Internal audit has not yet verified the implementation. Closed - Verified - Corrective action has been implemented and verified by Auditors. Closed - Not Verified - Due to similar finding in recent audit, recommendation moved under more current management action plan and follow-up will continue. Management Accepts Risk - Management has accepted the risk and has not implemented the recommendation. Current FY 2017 Verification Verification was completed for 34 (100%) TJJD internal audit recommendations reported by management as implemented as of September 8th 2017. In addition, status updates and/or verification was completed for 13 (100%) open external audit recommendations by the State Auditor’s Office and the Texas Comptroller of Public Accounts. In all, 38 (81%) of the 47 recommendations reviewed were “Closed-Verified” as a result of the verification tests performed. 1. Internal Audits Internal Audit Follow-up Results Closed - Verified Underway Closed - Not Verified Management Accepts Risk Total # of Recommendations Percentage 30 3 1 0 34 88% 9% 3% 0% 100% # of Recommendations 8 5 0 0 13 Percentage 62% 38% 0% 0% 100% 2. External Audits External Audit Follow-up Results Closed-Verified Underway Closed-Not Verified Management Accepts Risk Total 405 3. Overview of Test Results The table below shows the results of the 19 audits and 47 recommendations that were reviewed. Total # of Recommendations Underway Closed-Not Verified Closed-Verified 13-15 SAO Audit - The Reading Program (Education) at TJJD 1 1 0 0 13-1D Giddings State School 1 1 0 0 13-8 Ethics 2 0 1 1 14-10 Risk Management Audit 14-8 Gang Intervention Program Audit 1 0 0 1 1 0 0 1 15-11 Human Resources 15-1B Contract Care Facilities Audit 1 0 0 1 1 0 0 1 15-1C McFadden Ranch 2 0 0 2 15-5 Fleet Management 15-7 Staff Development and Training 2 1 0 1 1 0 0 1 15-10 TAC 202 16-1A Brownwood Halfway House Audit 2 0 0 2 4 0 0 4 16-1B AMIKIDS 5 0 0 5 16-1C Giddings State School 16-5 Alleged Abuse, Neglect and Exploitation Audit 2 0 0 2 5 1 0 4 16-6 SAO Financial Process Audit 2 1 0 1 16-8 Title IV-E 17-1B Orientation and Assessment Audit (Facility Audit) 2 0 0 2 2 0 0 2 10 47 3 8 0 1 7 38 Audit Title 17-9 Comptroller's Office Post Payment Audit of TJJD Total: 19 Audits B. Overall Implementation Status of Audit Recommendations The recommendation tracking database contains 247 recommendations for 45 audits as of December 6th, 2017. The following chart provides the updated status of the 247 recommendations as of completion of the testing: Status Closed –Verified Closed - Not Verified Mgmt. Reports Implemented Underway Total Number of Recommendations 200 3 11 33 247 Percentage 81% 1% 4% 13% 100% 406 Detailed Results for Recommendations Closed During This Review The following table outlines the results for the 39 recommendations that have been closed during this review period. Audit Control #/Title Recommendation Status Summary Status 13-8 Ethics To ensure accurate reporting of the Training Tracking System, the Senior Director of Administration and Training should work with IT to ensure reliable tracking of training records. Closed - Not Verified 13-8 Ethics To improve tracking of Board member training, the Director of Juvenile Justice Training Academy should ensure the automation of Board member training records. The Senior Director of State Programs and Facilities should evaluate and assess the need and appropriate utilization of the red zone reports. Corrective action to the original finding was addressed in two recommendations issued during the same audit and implementation of those two recommendations were verified in prior audit follow-up. Due to limited IT resources, the Training Tracking System cannot be fully addressed. Juvenile Justice Training Academy has since implemented monitoring and reporting of data reliability which was verified during this follow-up period under a different recommendation (Staff Development and Training Audit: Training Tracking System). Board member training cannot be tracked in the agency Training Tracking System; however, Board training is being tracked by Executive support staff to ensure compliance. Red Zone reports are being utilized by Superintendents and are used to complete the Monthly Superintendent Report provided to Central Office Management. Parole Officers were provided additional gang awareness training from three different sources. Participant evaluations were provided and Officers reported positively to training. Verified and Closed Training was provided to agency staff on multiple occasions and training is also on the agency public website. Tracking is also being maintained of all contracts, along with expiration dates, to help ensure routing and renewals are timely. Verified and Closed 14-10 Risk Management Audit 14-8 Gang Intervention Program Audit 15-11 Human Resources The Senior Director of Probation and Community Services should collaborate with the Regional Parole Supervisors and the Director of the Juvenile Justice Training Academy to identify training solutions to meet the needs of the Parole Officers in regards to gang awareness. The Director of Business Operations and Contracts should communicate and hold a training session with the Executive Management on the procurement and budget checking process related to these type of transactions. Verified and Closed Verified and Closed 407 Audit Control #/Title Recommendation 15-1B Contract Care Facilities Audit The Youth Services Contracts Manager should establish and implement a process of periodic review/comparison of the data in the Incident Reporting Center with data reported on the CCF-351. Additionally, the Youth Services Contracts Manager should incorporate this review into their assessment of contract care program performance. The Program Supervisor should monitor Case Managers’ data entries in CCS and develop a process for reviewing AOD session entries in CCS. Manager of Youth Services Contracts reviews IRC database and compares reported information to that recorded on the CCF-351 to ensure proper reporting. Verified and Closed Entry of group sessions is being monitored and compliance is reported on during weekly management meetings. Verified and Closed 15-1C McFadden Ranch The Superintendent should develop a process to monitor training for employees to ensure compliance with agency and statutory requirements. Superintendent has implemented a tracking tool for required training and passed due/upcoming training is reviewed in weekly management meetings. Verified and Closed 15-5 Fleet Management Fleet management staff should establish and implement a process to track vehicle warranties based on the vehicle status. Verified and Closed 15-7 Staff Development and Training The Juvenile Justice Training Academy (JJTA) should establish and implement a process of periodic review of the data in the Training Tracking System. Additionally, JJTA should incorporate the review process in Training Tracking System into the policy. Vehicle warranties have been added into the fleet management system MicroMain and a process has been implemented for warranties to be checked prior to vehicle repair. Policies and practices have been implemented to review data within the Training Tracking System. Errors within the system are being monitored and reported to JJTA management and facility management. 15-10 TAC 202 The agency can further ensure information is secure by conducting and/or collaborating with the Monitoring and Inspections division (M&I) to perform site audits to identify any information security risks. Developing internal performance measures to ensure information security measures are being met, such as establishing an ongoing program to conduct regular and periodic scans of the internal infrastructure environment to proactively identify unauthorized or inappropriate device configuration changes, as noted in the Gartner Security Assessment Report. System Center Configuration Management has been deployed and is operational however the tool is constantly changing and updates are made as IT staff become more familiar with the system. M&I site security reviews were verified in prior follow-up. Verified and Closed 15-1C McFadden Ranch Status Summary Status Verified and Closed 408 Audit Control #/Title Recommendation Status Summary Status 15-10 TAC 202 The IT division should ensure the agency is fully compliant with TAC 202 by revising and implementing the agency’s security program to include the required security standards as specified in TAC 202. Posting and filling the ISO position. An ISO was hired and will be responsible for revising and implementing the agency's security program. Verified and Closed 16-1A Brownwood Halfway House Audit To ensure grievances are processed accordingly and data reliability of the Youth Grievance Manager, the Youth Rights Program Administrator should periodically review filed grievances. Youth Rights Program Administrator has implemented a periodic review of youth grievances at all halfway houses. Verified and Closed 16-1A Brownwood Halfway House Audit The Director of Treatment should ensure Suicide Screening is provided by a Mental Health professional annually and training is documented in the agency database. Suicide Alert training was added to the Training Tracking System and 100% of Brownwood House staff were in compliance at time of review. Verified and Closed 16-1A Brownwood Halfway House Audit The Superintendent should implement a process to monitor employee compliance with agency required training. Superintendent has implemented a tracking tool for required training and passed due/upcoming training is reviewed in weekly management meetings. Verified and Closed 16-1A Brownwood Halfway House Audit The Director of Training Academy should work with the IT division to ensure courses are accurately tracked upon adding a new hire and/or annual course in the Training Tracking System. Limited resources in IT have prevented this recommendation from being implemented to the fullest extent; however, with the implementation of policy and oversight/review of data within the Training Tracking System (see corrective action for the Staff Development and Training recommendation above), JJTA management and staff have implemented a manual process for ensuring accuracy of information within the database and attempting to resolve issues as they are identified. Verified and Closed 409 Audit Control #/Title Recommendation Status Summary Status 16-1B AMIKIDS The Youth Services Contracts Manager should establish a periodic access review of Contract Care Program authorized users for the Noble system and report any updates for access level changes or deletions to the Information Technology division. Ensure non-agency Contract Care personnel with access to the agency’s VPN complete required information security training. Establish a process for maintaining required training records for Contract Care personnel with access to CCS. Manager of Youth Services Contracts has implemented a review of user access during site visits conducted at each contract care facility. Training was provided to all contract care staff and new staff is provided training as access is granted. Additionally, Monitoring and Inspections reviews access on their Agency Use of Information Checklist. Verified and Closed 16-1B AMIKIDS The agency should develop a process for the tracking and review of all contract amendments for accuracy and completeness. Verified and Closed 16-1B AMIKIDS The Youth Services Contracts Manager should develop a process for ensuring copies of all audits, monitoring, and investigation reports are provided to TJJD. Contracts department has implemented a tracking tool for all contracts and tracks dates of various milestones within the approval process to ensure completeness. A checklist has also been implemented which is used to ensure each step of the contract process is followed. A review has been added to site visits conducted by Youth Services Contract Manager to ensure all audits, monitoring and investigation reports have been received. 16-1B AMIKIDS The Director of Business Operations and Contracts should develop a process for tracking when purchasing personnel complete training provided by external sources. All required contracting staff have completed the required DIR contracts training. Each year certification status must be reported to the Comptroller which indicates training compliance. Verified and Closed 16-1B AMIKIDS The agency’s comprehensive review of Contract Care programs should include a review of the Food Production Log. Monitoring and Inspections now includes a review of food production logs during their annual comprehensive reviews. Verified and Closed Verified and Closed 410 Audit Control #/Title Recommendation Status Summary Status 16-1C Giddings State School The Chief Information Officer should coordinate with both the Director of Treatment and the Manager of Specialized Treatment regarding the process to perform the periodic User Access review and to remove any users with inappropriate access to the Suicide Alert Database and the Treatment Group Manager, respectively. Annual reviews of access to the Suicide Alert Database and the Treatment Group Manager are occurring and being tracked within the IT department to ensure compliance. Verified and Closed 16-1C Giddings State School The Director of Business Operations and Procurement and the Director of Fiscal Affairs and Budget should provide training on the importance of utilizing appropriate budget codes. Implement a review process to ensure accuracy of facility budget and approvals. Verified and Closed 16-5 Alleged Abuse, Neglect and Exploitation Audit The Director of PREA Compliance should provide specialized PREA training to AID investigators, Youth Rights Specialists and Incident Reporting Center management regarding the information that is required to be reported through his database. Training has been provided to agency staff on two occasions. Workflow was updated by Comptroller however testing identified the update did not address the entire issue. With the added controls, training and reviews, the recommendation will be implemented and Director will continue to work the Comptroller to fix the workflow. Training was provided to AID, OIG and Youth Grievance staff. 16-5 Alleged Abuse, Neglect and Exploitation Audit Administrative Investigations Division should identify and report to the Director of PREA Compliance any additional PREA cases that have a “checked” PREA box in the AIM system and that did not get reported to the PREA database. These cases should be identified for the current PREA reporting period. All PREA cases were identified and a periodic report (monthly) is sent to the PREA Director with all cases reported as PREA in the AIM system. verified and Closed 16-5 Alleged Abuse, Neglect and Exploitation Audit General Counsel should coordinate with Office of Inspector General, Administrative Investigations Division and State Programs and Operations to determine the need for the LS-051 Notification of Abuse, Neglect and Exploitation form, and remove the form from policy if appropriate. Policy was updated and the form was removed from practice. Verified and Closed Verified and Closed 411 Audit Control #/Title Recommendation Status Summary Status 16-5 Alleged Abuse, Neglect and Exploitation Audit Administrative Investigations Division should ensure all cases that may have been lost in the transition of submission practices are identified and reviewed, streamline investigator case tracking practices to allow for efficient management, improve quarterly case management review to include case statuses. Case Management practices have been streamlined and are consistent across all investigators. Prioritization of cases and closure status is being reviewed quarterly. Verified and Closed 16-6 SAO Financial Process Audit The Department should consistently obtain required approvals of all expenditures and approve all expenditures prior to processing expenditures. Training has been provided to agency staff on two occasions. Workflow was updated by Comptroller however testing identified the update did not address the entire issue. With the added controls, training and reviews, the recommendation will be implemented and Director will continue to work the Comptroller to fix the workflow. Verified and Closed 16-8 Title IV-E The Director of Application Development should ensure System Owners are designated for TPS and COMETS and user access levels are identified on the Security Access Form (IRD-010), update the External Users Profile Procedures Manual to include user access levels and appropriate assignment of access, collaborate with system owners to ensure only authorized users have access to their respective databases, and conduct user access reviews periodically. The Placement Services and Title IV-E Division Manager should determine a reasonable deadline for counties to submit claims to TJJD while providing sufficient time for processing the claim to DFPS within the 7 quarter timeframe specified in the DFPS reimbursement contract. The Summary of Grant Requirements should be updated and provided to the Juvenile Probation Departments. Prior to processing late claims, contact DFPS to determine if payment of the bill to the federal government can be executed in a proper and timely fashion. System owners were identified for TPS and COMETS and IT-010 was completed. Manuals were updated to reflect accurate definitions of the user access levels and annual user reviews are being conducted by system owners. Verified and Closed A deadline for county submission of claims has been established and documented in the Summary of Grant Requirements. DFPS is contacted prior to submitting late claims. Verified and Closed 16-8 Title IV-E 412 Audit Control #/Title Recommendation Status Summary Status 17-1B Orientation and Assessment Audit (Facility Audit) The Superintendent should ensure: A.16-hour schedules are more detailed/specific and account for all required services. Additionally, holidays, Saturdays, and Sundays should each have a different approved 16-hour schedule. B. Daily reviews of the Dorm Shift Logs account for gaps in documented activities and ensure adherence to the 16-hour schedule. 16 hour schedules were updated for all orientation and assessment dorms and review of dorm shift logs indicated adherence to the new schedules. Verified and Closed 17-1B Orientation and Assessment Audit (Facility Audit) The Director of Treatment should ensure the Assessment Overview is updated to reflect expectations of criteria for assessment of the PTSD Index. The Assessment Overview was updated to reflect expectations for completion of PTSD Index. Verified and Closed 17-9 Comptroller's Office Post Payment Audit of TJJD The Department should update its procedures to create a Personnel Action Form for each employee who receives a salary increase and should include a date with the approval signature. All salary adjustments should be properly documented and maintained. All salary adjustments are now documented on the corresponding PAR. Verified and Closed 17-9 Comptroller's Office Post Payment Audit of TJJD The Department should ask all new employees if they have prior state service as part of the Departments new hire process and document the employee's answer to this question. The Department should review the employee's response and contact any agencies identified for prior state service verification. The Department should review its controls and personnel records to ensure accuracy and completeness as well as guarantee that its internal operating procedures include quality control measures that will detect and prevent any incorrect compensation to an employee. The Department should also caution its employees to verify all totals submitted. HR updated new-hire forms to include further questions regarding prior state service. Additionally, review of ERS is also conducted by HR for all new hires to verify completeness of information provided. Verified and Closed 413 Audit Control #/Title Recommendation Status Summary Status The ensure to the rules and laws that govern procurement practices are followed, the Department should use the CMBL for all purchases including services for which competitive bidding or competitive sealed proposals are required. A copy of the CMBL search results from the specified website should be used as evidence that the Department performed a vendor search and must be included in the contract file. The Department should strengthen its controls to ensure that any contract over $250,000 is posted for the proper duration. Failure to post a qualifying purchase for the mandatory duration of time could void the contract. Supporting documentation for a purchase document should be made available in an audit to justify the validity of the payment. the Department should ensure that it retains adequate supporting documentation for all expenditures prior to processing the payment. Testing identified copies of CMBL search results are maintained in contract files. This process was also added to a contract completion checklist. Verified and Closed Testing identified contracts over $250,000 are posted for the proper duration. Proper posting duration was added to a contract completion checklist. Verified and Closed Testing identified supporting documentation is maintained for contracts. Contract completion checklist ensures documentation is collected and maintained in the contract file. Verified and Closed 17-9 Comptroller's Office Post Payment Audit of TJJD The Department should enter the last 10 digits of the corporate account billing number in the invoice number field for all payment card transactions. The department may enter additional information in this field after these digits if desired. Training was provided to accounting staff and testing identified corporate account billing numbers are entered into CAPPS are required. Verified and Closed 17-9 Comptroller's Office Post Payment Audit of TJJD The Department should periodically review the controls over expenditures processing and segregate each task to the extent possible even with the agency size limitations to ensure no individual is able to process payments without oversight. The Department should request that a preventative control be enforced for all of their transaction in USAS. If an agency requests the control, an edit will prevent the release of a document that the same user entered or altered. Controls have been implemented to ensure segregation of duties for transactions in USAS. Testing identified the same user cannot enter and release a payment. Periodic user reviews have been implemented. Verified and Closed 17-9 Comptroller's Office Post Payment Audit of TJJD 17-9 Comptroller's Office Post Payment Audit of TJJD 17-9 Comptroller's Office Post Payment Audit of TJJD 414 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Programs Committee Meeting 11209 Metric Boulevard, Building H, Ste. A Lone Star Conference Room Austin, TX 78758 Thursday, October 19, 2017 – 1:31 p.m. BOARD MEMBERS PRESENT: Edeska Barnes, Committee Chairman Jimmy Smith Pama Hencerling James Castro Allison Palmer (non-committee member) The Honorable Lisa Jarrett (non-committee member) The Honorable Wes Ritchey (non-committee member) BOARD MEMBERS ABSENT: Mary Lou Mendoza EXECUTIVE STAFF PRESENT: David Reilly, Executive Director Jeannette Cantu, Executive Assistant Jill Mata, General Counsel Luther Taliaferro, Senior Director of Education Services Teresa Stroud, Senior Director of State Programs and Facilities OTHER GUESTS PRESENT: Tushar Desai, TJJD Eleazar Garcia, TJJD Alan Walters, TJJD Fred Meinke, TJJD Lucy Rodriguez, TJJD Cathy Gonzalez, TJJD Amy Miller, TJJD Marie Welsch, TJJD Ashley Kintzer, TJJD Rebecca Walters, TJJD Vivian Cohn, TJJD Programs Committee October 19, 2017 Lisa Colin, TJJD Kaci Singer, TJJD Stephanie Valdez, TJJD Tammy Holland, TJJD Jeannette Lepe, TJJD Michael Turner, TJJD Karen Kennedy, TJJD Steve Roman, TJJD Page 1 of 6 415 Call to Order Chief Edeska Barnes called the meeting to order at 1:31 p.m. Discussion, consideration, and possible approval regarding excused absences (Action) Jimmy Smith moved to excuse Mary Lou Mendoza’s absence. Chief Pama Hencerling seconded. The motion passed. Discussion, consideration, and possible approval regarding the August 24, 2017 meeting minutes (Action) James Castro moved to approve the minutes. Jimmy Smith seconded. The motion passed. Update from Probation and Community Services Division Amy Miller, County Grants Manager, provided an overview of the re-organization of the Probation and Community Services division. Since Mr. Serrano started as Senior Director of the division on September 1, he undertook a reorganization of the whole division. He established six functional units within the division. Three largely remain the same, JJAEP Unit, Title IV-E Unit and Interstate Compact Unit. He separated the Regionalization and Community Mental Health units to provide more clearly defined functions to support the field. Lastly, Mr. Serrano established a new County Grants unit to support all county grants needs of the field. Ms. Miller provided a presentation that included details and statistics for each unit within the Probation and Community Services division. Edeska Barnes commented that he was at a Chiefs’ meeting recently and provided positive feedback from the filed regarding the changes. Allison Palmer asked if the independent audits will be done annually. Amy Miller responded, yes. The independent audit waiver that is happening now is the first phase of a three-pronged plan. The second part of the plan is to look at a request for proposal to try to grant relief to counties that cannot be waived altogether. The third prong of that process is to put together a workgroup to examine long term plans. Edeska Barnes commented on Medicaid billing, stating that as a contracted county, it is a scary thought when a youth is sent to placement and ends up in the hospital, they know where that bill will be going. He stated that at one time with IV-E there were a lot of counties participating and then counties stopped participating. He asked whether counties are again starting to participate. Amy Miller responded that Programs Committee October 19, 2017 Page 2 of 6 416 she did not have exact numbers but said that the Title IV-E program has undertaken an education initiative to ensure counties know what IV-E is and who can be eligible. Counties are also collaborating with Ashley Kintzer from the Regionalization Division, including discussions about Title IV-E eligibility. Edeska Barnes asked if a kid is eligible for IV-E, where do the reimbursement funds go. Ms. Miller responded that it goes back to the county juvenile probation department. Ms. Miller stated that staff would continue to work on the education initiatives and help counties navigate the eligibility criteria as much as possible. Overview of Education Services Luther Taliaferro, the Senior Director of Education Services gave an overview presentation of TJJD education services. He discussed the school facilities, the various programs and personnel in each TJJD school. Edeska Barnes asked if different vocational courses are offered at different campuses. Mr. Taliaferro responded yes, unfortunately, it is based on what the agency is able to hire at each location. For example, it is hard to find a welder at the Evins facility but there are robust programs at the Giddings and Gainesville facilities that offer several certifications. Edeska Barnes asked how long the integrated flexible school schedule has been in place. Mr. Taliaferro responded since last school year. This is the second school year for the new schedule and the results have been good. Edeska Barnes said he would like to hear more about college courses in the future. Mr. Taliaferro responded that the agency offers college courses through distance learning at all secure campuses and also McFadden Ranch currently has 5 students attending 1 or more college classes. This semester there are 30 kids enrolled in college courses taking a total of 47 courses. James Castro asked about STEM courses. Mr. Taliaferro stated that there are limitations on what the agency is able to offer. Mr. Castro stated that he thinks it would be good to include the STEM language anywhere possible because colleges are looking for that. Programs Committee October 19, 2017 Page 3 of 6 417 Overview of the Chaplaincy, Community Relations, and Family Liaison programs Tammy Holland, Manager of Community, Family & Chaplaincy Programs, provided a quick overview of the programs under her purview. Ms. Holland introduced Suzanne Scharle, Family and Community Program Supervisor. Ms. Holland stated that her job is to manage the volunteer services program, the family support program, and religious services in the agency. She supervises three distinct groups of employees, including nine community relations coordinators (sometimes referred to as volunteer coordinators), six family liaisons, and six correctional facility chaplains. James Castro asked about the possibility of examining family therapy and reunification services. Ms. Holland responded that Rebecca Walters just posted the first family therapist type of position in the San Antonio District Office, and they will be providing family case management services and therapeutic services to help with reentry. The agency has also had contracts with a large number of providers across the state to provide the same types of services, but this is the agency’s first effort of bringing the services in-house. Rebecca Walters, Senior Director of Youth Placement, Reentry and Program Development introduced herself and responded to the questions. One of the things recognized in the Parole Division is that while the agency is doing great work with kids in residential programs, the families were not necessarily getting any sort of treatment in their own communities and that is part of the motivation for creating an in-house position that can work with the family separately in the home community while the youth is in a residential placement. Contractors currently work towards the tail end of the youths’ treatment and they might do one or two sessions directly with the youth and family, but by bringing the position onboard, staff feels that they can reach the families and engage them more fully while the youth is in a residential program. This is a pilot position that staff hope to expand if successful. Mr. Castro asked whether these family services could be a strong opportunity to reduce recidivism. Edeska Barnes asked if there was a particular reason the San Antonio location was chosen for the pilot program. Ms. Walters responded that yes, there were a couple of reasons. One is that the agency has not been satisfied with the contractors in that area. Additionally, the agency has a robust program of family engagement through the parole officers in San Antonio, in particular Patty Garza, so the foundation was already there to do that type of work. Programs Committee October 19, 2017 Page 4 of 6 418 Overview of Centralized Placement Unit Lisa Colin, Assessment and Placement Program Administrator for the Centralized Placement Unit, provided a brief overview of the intake and assignment process that each youth goes through upon their commitment to TJJD and following their arrival at the Ron Jackson unit. Allison Palmer asked which facilities are high restriction and which are low? Ms. Colin responded that the institutions, the ones with a fence, are high restriction. The halfway houses are medium and contract care placements are considered both high and medium depending on the services and the type of environment it is. Ms. Colin further clarified that the Mart Complex, Gainesville, Giddings, Evins, and Brownwood are all high restriction facilities. Discussion, consideration, and possible recommendation to renew emergency rule 37TAC§353.1 (Substance Abuse Facilities and Programs) for an additional 60 days (Recommendation) Kaci Singer, staff attorney, Office of General Counsel, requested the committee recommend board approval of a request to renew an emergency rule adopted by the Board at the last meeting. This emergency rule was passed in response to a bill that passed requiring TJJD to create standards for juvenile justice facilities and programs that operate substance abuse treatment programs. The emergency rule is the first part of a three part plan to address this law change. Item number nine is the second part. Chief Pama Hencerling moved that the committee recommend to the Board to extend the emergency rule for an additional 60 days. James Castro seconded the motion. The motion carried. Discussion, consideration, and possible recommendation to publish new 37TAC§353 (Substance Abuse Treatment Programs) in the Texas Register for a 30-day comment period and possible conditional approval to adopt the final rules (Recommendation) Kaci Singer, staff attorney, Office of General Counsel, requested the committee recommend board approval to publish new Chapter 353, Title 37, Texas Administrative Code in the Texas Register for a 30day comment period and to provide conditional approval to adopt the final rules. This item is related to the previous item and is the second part of the plan to adopt rules as required by the new law. To create this chapter, TJJD staff reviewed all of the DSHS rules, deleted those rules that conflicted with TJJD rules or were inapplicable, and left the other rules intact. The goal with this portion is to ensure that those Programs Committee October 19, 2017 Page 5 of 6 419 facilities offering substance abuse treatment services are able to continue operating without making changes until the agency is able to create a work group with probation departments and determine what rules should be adopted specifically for these programs in juvenile justice facilities and programs. James Castro moved that the committee recommend to the Board that 37 TAC Chapter 353, as presented, be published in the Texas Register for a 30-day comment period and that the Board give conditional approval for final adoption of the rule after that period. Chief Pama Hencerling seconded. The motion carried. Discussion, consideration, and possible recommendation to publish to 37 TAC Chapter 348 (Juvenile Justice Alternative Education Programs) in the Texas Register for a 30-day public comment period and possible conditional approval to adopt the final rules (Recommendation) Marie Welsch, Education Specialist, provided an overview of Juvenile Justice Alternative Education Programs (JJAEP) and the changes to JJAEP standards. The standards have been reviewed and modifications drafted over the last two years and provide the current language, grammar and how it should be presented. Chief Edeska Barnes entertained a motion recommending to publish revisions to 37 TAC Chapter 348 Juvenile Justice Alternative Education Programs in the Texas Register for 30-day public comment period and possible conditional approval to adopt the final rules. Motion by Jimmy Smith. Second by Chief Pama Hencerling. The motion carried. Adjournment Chief Edeska Barnes requested a motion to adjourn. Motion by James Castro. Chief Pama Hencerling seconded. The motion carried. The meeting adjourned at 2:54 p.m. Programs Committee October 19, 2017 Page 6 of 6 420 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Kathryn R. Gray, Staff Attorney Subject: Discussion, consideration, and possible approval regarding Committee Charters (Action) Date: January 17, 2018 Section VII of the TJJD Board Governance and Policy Manual states that the Board shall have standing committees and that each committee have a charter that has been approved by the Board. The section also provides that the Board “review and reassess the adequacy of each charter and make appropriate changes” as it deems appropriate. Previous board committees have determined that periodic review and updating of committee charters is appropriate. To assist the Board in this process, agency staff has reviewed the current charters for the Safety and Security Committee, Programs Committee, and the Finance and Audit Committee. A charter for the Trust Committee has been drafted by Kathryn Gray for review by the Trust Committee. The draft charters were presented to each committee for review, discussion, and possible presentation to the Board. The charters include the following: Purpose Mission Statement Composition (determined by the Chairman of the Board) Meeting (set by statute) Responsibilities and Duties The Board is being asked to approve the charters which have been approved by the respective committees. 421 Texas Juvenile Justice Department Board of Directors Program Committee Charter Purpose The Board of the Texas Juvenile Justice Department has established a Program Committee (“the committee”). The primary functions of the committee are to assist the agency’s Board (the “Board”) in oversight of: programming policies and integrity of programs, including the treatment, education, medical, dental, child nutrition, re‐entry, prevention, faith‐based, volunteer and vocational programs. Mission Statement The P rogram Committee’s mission is to promote practices, programs and policies tailored to the needs of juveniles and their families, that improve outcomes for youth in the juvenile justice system, through coordinated prevention and intervention programs that promote responsible behavior, enhance moral development, hold offenders accountable and enhance public safety. This mission can be accomplished by, but is not limited to the following: 1. 2. 3. 4. Meeting the mental health, programming, education and vocational needs of juveniles, Supporting state and local efforts for training, development and implementation of proven evidence based programs with measurable outcomes, Direct funding for innovative programs including those that enhance, improve and/or expand proven practices, and Promote expertise and minimum standards at the institutional and statewide level. Composition The committee is comprised of five board members. The Chairman of the Board appoints the committee chair as well as the other four members. Meetings The committee will meet at least four times annually, with additional meetings occurring as circumstances dictate. The committee chair shall establish meeting agendas in coordination with executive leadership of the agency two weeks prior to scheduled committee meetings. Responsibilities and Duties The committee’s specific responsibilities and duties in carrying out its oversight role are outlined in the Program Committee responsibilities and duties checklist. The checklist will be updated annually, or more frequently as circumstances dictate, to reflect changes in regulatory requirements, authoritative guidance and evolving oversight practices. Updates to the responsibilities and duties checklist will be considered to be an addendum to this charter. The committee relies on the expertise and knowledge of the Executive Director, t h e Superintendent of Education, the Medical Director and other executive management staff in carrying out its oversight responsibilities. The agency’s executive management is responsible for the integrity of agency’s information provided to the committee. 1.2.2018 422 Program Committee Charter Checklist Frequency X X X X Q X X X X Q X X X X Request board approval of programming policies as required. N X X X X Review mental health, education and vocational needs policies and existing policies for continued relevancy. 2. Programming Performance N X X X X Review specialized program performance measures. Q X X X X Review state‐wide performance measures. Q X X X X Review medical performance measures. B X X X X Review vocational performance measures. B X X X X Review funded programs. B X X X X B- Biennial th 4 Quarter Q A-Annually rd 3 Quarter Meet at least four times per year or more frequently as circumstances require. The committee may ask members of executive management or others to attend the meeting and provide pertinent information as necessary. Prepare agenda for committee meetings in consultation between the committee chair (with input from the committee members), and TJJD executive management. Approve minutes of previous meeting. st 2d Quarter Q-Quarterly 1 Quarter Responsibilities and Duties Quarter N-As needed 1. General Administration Review prevention programs. 3. Training and Development Review training calendar for TJJD employees and probation departments. A X 423 424 To: TJJD Board Members From: Louis Serrano, Senior Director of Probation & Community Services Subject: Update on Probation & Community Services Division Date: January 17, 2018 Following is a brief update concerning each of the six departments within the Probation and Community Services Division. Regionalization The regionalization team supports the activities of the agency’s regionalization plan and administers the regional diversion alternatives and regional service enhancement grants. o On November 15, 2017, two new regional county program administrators were hired. Mark Williams will be assigned to the Panhandle, West, and Central Texas regions. Ryan Bristow will be assigned to the North, and Northeast regions. Deborah Crawford continues to work as a regional county program administrator covering the South, and Southeast regions. o For the first quarter, we received 84 diversion applications. Fifty-five applications were approved and 50 youth were placed. We are at 36.67% of the target set by the LBB of 150 diversions for 2018. o We continue to coordinate TJJD facility visits with the probation field. Visits have been conducted at Giddings, Gainesville, and McLennan (Mart). Grants The grants team administers the TJJD grants to juvenile probation departments, including contractual, financial, and programmatic elements of the grants, and completes monitoring and technical assistance activities related to grants. 425 o On January 16, 2018, a new county program grants administrator was hired. Jim Wilson will be assigned primary responsibility for administering the Special Needs Diversionary Program and Prevention and Intervention grants. o Discretionary State Aid (DSA) site visits will begin in February 2018. o The grants manual has been signed and is pending review by new executive director. This is a new document that will guide grant program development, allocation practices, contract development, and sanctions due to non-compliance. o Work continues on grant department procedures, including grant compliance monitoring and methodology. o An amendment to waive the independent audit requirements in the grants contract were offered to 84 departments and accepted by 50. This will be a cost savings of approximately $250,000.00 to these departments combined. Juvenile Justice Alternative Education Program This department provides guidance and technical assistance to juvenile probation departments in all matters related to Juvenile Justice Alternative Education Programs (JJAEP). o The Texas Administrative Code, Chapter 348 standard revisions that govern JJAEP requirements are in the process of being posted to the Texas Register. These were approved by the Board in October 2017 to be posted. o Twelve of 15 JJAEP site visits have been completed for the 2017-2018 school year. o Completing work on the legislative report that is due May 2018. Title IV-E This department administers the Title IV-E federal foster care reimbursement program, provides technical assistance and compliance monitoring on matters related to Title IV-E programs and funding, and assists juvenile justice youth and families with Medicaid services. 426 o Continue effort to expand Medicaid coverage for in-patient hospitalization for youth in secure facilities. o Efforts have been implemented to expedite reimbursements to departments; these include paperless case reviews, and a request to decrease the sample size to determine appropriate foster care candidates for enhanced administrative claims. o Continued efforts have been made to educate departments in the importance of participating in Title IV-E. Interstate Compact This department administers a contract between the states that regulates interstate movement of juveniles under court supervision or who have run away from home and left their home state, provides support to juvenile probation departments and TJJD in all matters related to the Interstate Compact, and represents Texas on the Interstate Commission for Juveniles. o First quarter report indicated as of September 1, 2017 there were 415 cooperative supervision open cases. There were 182 supervisions opened, 231 closed, 78 runaways, absconders and escapees returned, and 7 airport supervisions. Community Mental Health Services Provides support to all juvenile probation departments on mental health services and programs and consults with other division staff on mental health issues. o On-going support for regionalization team and identifying and assisting department with special needs youth. o Interagency collaboration to improve children’s mental health services across the state. This has included efforts to educate the field on mental health services, and programs and services for youth with intellectual and developmental disabilities. Other Projects o The Probation & Community Services Division has convened a workgroup to identify a facility level of care and daily rate structure for secure probation facilities. The goal is to 427 recommend to the board a tiered rate structure that supports the provision of quality services at rates the juvenile probation system can support. The workgroup has met twice and hopes to have recommendations finalized by early February. o The Probation & Community Services Division, along with the Office of General Counsel provided technical assistance to juvenile probation departments on the implementation of two new pieces of legislation that may impact juvenile probation department expenditures: HB1204 diverts children under age 12 from formal referral to a prosecuting attorney and requires juvenile probation departments to set up and monitor for up to 3 months a treatment plan in consultation with other local juvenile service providers. Early indications are that the state-wide fiscal impact will be minimal, as few children under the age of 12 were referred prior to enactment of this legislation. The impact to individual probation departments will be monitored moving forward. SB1548 allows juvenile probation departments to continue providing services to juveniles for up to 6 months after the term of probation has ended. It remains to be seen what fiscal impact, if any, this will have. TJJD will monitor this moving forward. o Progress has been made on the implementation of a statewide child sex trafficking screening instrument for the Texas juvenile justice system to have a more effective early identification of child sex trafficking victims. TJJD continues to work on the implementation plan for the “CSE-IT” (screening instrument) that will be released to the counties for use early in 2018. Progress has been made with required software changes, and training will be coordinated with the probation field. o Work continues with the suicide prevention workgroup with the initial meeting taking place on November 9, 2017, and a follow-up meeting held on January 18, 2018. The goal of the workgroup is to develop best-practices for the prevention of suicide of justiceinvolved youth in residential, detention, and correctional facilities. 428 o On January 10, 2018, a conference call was held for a subcommittee of board members to review nominations to the advisory council. Pama Hencerling, Scott Matthew, and Edeska Barnes participated in that call to make recommendations to the full board. 429 430 Transforming young lives and creating safer communities Programs Committee January 25, 2017 431 Division of Youth Placement, Re-Entry and Program Development Reentry System and Parole Operations “Transforming young lives and creating safer communities” 432 Youth in Custody Practice Model The model informs and drives the innovation of reentry system and parole operations. Emphasizes that the process begins when the youth arrives at the intake unit and continues seamlessly, with strong collaboration between case manager, parole officer, the youth and his /her family, while the youth is in residential programs. Ties the youth to education, employment, stable housing, a strong and prosocial support system, aftercare services to address on-going treatment needs and other developmental needs. Does so in a coordinated and well integrated manner. 433 Youth Placement, Re-entry and Program Development Sr. Director of Youth Placement, Re-entry and Program Development Rebecca Walters Re-entry and Parole Operations Manager Houston District Office Todd Novak Manager of Residential Contracts Austin Kimbla Newsom Assessment & Placement Program Administrator Austin Lisa Colin Regional Parole Supervisor Fort Worth District Office VACANT as of 12/31 Administrative Assistant Austin Minnie Rivers Case Management Supervisor Fort Worth District Office Bobby Medlock Jr. Case Management Specialist Fort Worth District Office Administrative Assistant Regional Parole Supervisor Houston District Office San Antonio District Office Aaron Williams Brian Haynes Contract Specialist Austin Ron Bayo Ron Jackson Guillermina Nieto Parole Supervisor Dallas District Office Parole Supervisor Houston District Office Parole Supervisor San Antonio District Office Re-entry Specialist Manny Carrera Ellen Boston Ericka Barrera Alanna Bennett Austin Program Supervisor III / B19 Transition & Re-entry Plcmt Spcl Austin Ashley Montez Sr. Placement Coordinator Ron Jackson Demeen Tilley Sheri Coutee Case Management Specialist Sr. Placement Coordinator Austin District Office Fort Worth Granyon Perry-Wooden Angel Dieterich Parole Officers Dallas – Van Foster Dallas – Gregory Lawrence Dallas – Pamela Robertson Dallas – Eric Smith Ft. Worth – Natasha Johnson Ft. Worth – Daniel Fauver Ft. Worth– Jeff Manual Ft. Worth– Billy Branch Tyler– Phillip Little El Paso– Lori Calderon Parole Service Asst. Case Management Specialist Fort Worth District Office Stephanie McDermott Regional Parole Supervisor Statewide Electronic Monitoring Dallas – Angela Barry Tyler – In interviewing process Parole Officers Houston – Genettra Flanagan Houston – Kelechi Igbokwe Houston – Dennis Walker Houston – Kimberly Coffman Parole Supervisor Houston District Office Don Finley Jr. Parole Officers Houston – Luis Hernandez Houston – L’Sandra Tutson Houston – Keith Preusse Parole Officers SA – Patrick Williams SA – Gracie Martinez SA – Daniel Munoz SA –Agatha Toribio Harlingen – Efrain Garcia Harlingen – Ricardo Leal Harlingen – Alejandra Navarro Austin – Jeffreda Knight Temple – Monique Childs Parole Service Asst. SA - Stephanie Trujillo-Ramirez SA – Janie Ruiz Fort Worth District Office Lidia Velazquez Parole Service Asst. Ft. Worth – Alyson Cetto Regional W/D and Re-entry Specialist Dallas District Office In interviewing process Parole Supervisor Lubbock Dale Richardson Parole Service Asst. Houston – Alan Maria Administrative Assistant Houston – Tahseen Rizki Houston – Maria Gandara Regional W/D and Re-entry Specialist Houston District Office Jennie Williams Regional W/D and Re-entry Specialist San Antonio District Office James Cardwell, III Family Re-entry Enrichment Specialist San Antonio District Office Pending hire on 1/15 Parole Officers Lubbock – Kevin Hearn Lubbock – Trafton Cox Amarillo – Shayla Fields Midland – Mark Shaw 06/01/2017 434 Reentry System and Parole Operations: Role in Fulfilling Agency Mission Provides supervision and resources to youth on parole in the community through contracted and state-operated parole services Establishes and oversees program goals and objectives relating to an innovative, multifaceted and integrated reentry system Tracks and analyzes performance measures and positive youth outcomes Coordinates the work of multiple divisions and external organizations to ensure seamless and successful transitions for youth; 435 In addition: This division facilitates the collaboration and development of system innovations across agency divisions to increase overall agency effectiveness and responsivity to changing youth needs, and works to streamline, consolidate or eliminate redundant practices. Areas of system innovation may include, but are not limited to leadership and succession planning, equity and disparity issues, collaboration with other state agencies, and policy and program alignment with emerging national best practices. 436 Constituents • TJJD youth • Families of youth • Victims • Probation Departments • TJJD staff, primarily those in state-operated programs and parole • Residential contractors • Parole and aftercare contracted service providers • Department of Family and Protective Services • Department of Aging and Disability Services • Department of Assistive and Rehabilitative Services • Texas Department Of Criminal Justice, ReEntry Division • Other state and county entities 437 arole Operations Counties 'Counties in whit: are contracted to the County 438 Youth Contract Services Sexual Behavior (29) Juvenile Probation Departments (13) Mental Health (41) We also work closely with the Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI). Treatment & Reentry (10) Alcohol and Other Drugs (82) 439 Innovation and Expansion of Services to Youth and Families “Beginning with the end in mind” Reentry video under production to make youth aware of the importance of reentry services and planning that they need to focus on from the date of admission 440 Innovation and Expansion of Services to Youth and Families New/Reorganized Positions Reentry Specialist (1) Family Re-entry Enrichment Specialist (1) Regional Workforce Development and Reentry Specialists (3) 441 New Partnerships and Initiatives • Homelessness and Alternative living • Continuing Education • Recovery systems and peer recovery coaches • Reentry Financial Supports • Perry Haynes and John Wende Trust Funds • Parole operations/rules • • • • Use of electronic monitors Discharge rules Technology Caseload size 442 Innovation and Expansion of Services to Youth and Families • Prioritizing the use of Medicaid to increase options and to connect to services beyond a youth’s stay in the agency • Prioritizing the use of recovery communities and systems of care for long term AOD recovery and relapse prevention 443 Innovation and Expansion of Services to Youth and Families • Using technology to better connect youth and families • Virtual family visitation for youth in placement • Virtual parole officer visitation for youth in the community • Using existing technology to assist youth and families to navigate systems 444 Families Connecting 445 446 A New Parole Officer’s Perspective: “This was my very first Polycom! This family has not seen their youth in 6 years. The mother and sister were the first to see him. The brother came over before having to go to work and was super excited as well. They chatted for an hour. The family and youth broke down in tears. The youth just turned 18 and this was a welcomed surprise that the family, CM, Family Liaison and myself kept from the youth! I must admit, I became a bit teary-eyed too. Needless to say, the family was overjoyed and now the sentiment is that maybe this is just what this youth needs to complete the program and come home before he reaches the age of majority.” 448 Expanding Opportunities Vocational Certification, RIG Pass Oil and Gas Certification 449 Developing Support Networks • Partnership with CASA – Collaborative Family Engagement • Use of the “Permanency Pact”: www.fosterclub.org 450 . Next steps 451 TEXAS DEPARTMENT Research Re?entry "73 a nd Beyond 452 Contact Information Todd Novak Manager of Reentry System and Parole Operations 512-490-7075 281-642-6244 (cell) 453 454 Residential Contract Programs Youth Placement, Re-entry & Program Development Division Youth Services Contracts Department Kimbla Newsom, Manager Texas Juvenile Justice Department 455 Youth Services Contracts Department Manager of Youth Services Contracts Austin Office Kimbla Newsom Manager IV / B25 Administrative Assistant Austin Office Minnie Rivers Administrative Assistant II/ A11 CC Case Management Coordinator Fort Worth District Office Bobby Medlock Jr. Program Supervisor VI / B23 Case Management Specialist Fort Worth District Office Demeen Tilley Human Services Specialist VII / B17 Case Management Specialist Forth Worth District Office Stephanie McDermott Human Services Specialist VII / B17 Case Management Specialist Austin District Office Granyon Perry-Wooden Human Services Specialist VII / B17 Texas Juvenile Justice Department 456 TJJD Youth Services Contracts Department & Programs Dallam Ochltree Sherman Hansford Lipscomb Hartley Moore Hutchinson Robert s Oldham Potter Carson Gray Deaf Smith Parmer Randall Bailey Hale Lamb Hemphill Region 44 Wheeler Donley Swisher Castro Region 41 Region 42 Region 43 Briscoe Motley Floyd TrueCore Behavioral Solutions Rite of Passage, Inc.Lake Granbury The Giocosa Foundation Hall Cottle Wilbarger Foard Hockley Crosby Dickens Lubbock Garza County Regional Juvenile Center Yoakum Terry Gaines Andrews Lynn Dawson Martin Garza Borden Howard Stonewall Kent Scurry Mitchell King Fisher Knox Baylor Clay Grayson Montague Cooke Lamar Haskell ThrockMorton ShackelPalo Stephens Pinto ford Callahan Eastland Taylor Wise Jack Young Denton Parker Hunt Rains Dallas Kaufman Hood Johnson Erath Loving Winkle r El Paso Hudspeth Culberson Ward Reeves Coke Midland Runnels Ellis Coleman Brown Crane Upton Reagan Irion Tom Green Sutton Mason Terrell Brewster Val Verde Kinney Williamson Blanco Brazos Uvalde Kendall Sabine Walker Polk San Jacinto Montgomery Austin Harris Tyler Hardin Liberty Orange Jefferson Chambers Colorado Guadalupe Bexar Washington Fayette Caldwell Comal Bandera Burleson Lee Bastrop Hays Madison Milam Travis Angelina Wharton Wilson Byrd’s Foster Group Home Ft. Bend Lavaca Medina Gulf Coast Trade Center Trinity Robertson Burnet Llano Kerr Edwards Panola Shelby Houston Leon Falls Kimble Real Contract Residential Program Coryell Bell Gillespie Presidio Rusk Anderson Grimes Menard Crockett Smith Freestone Lampasas Schleicher Pecos Jeff Davis Gregg Marion Harrison McLennan Concho San Saba Van Zandt Henderson Hamilton Mills McCulloch Cass Camp Upshur Wood Navarro Hill Bosque Comanche Hopkins Rock Wall Tarrant Bowie Titus Collin Somervell Ector Red River Fannin Delta Jones Nolan Wichita Archer Brazoria Galveston Administrative Assistant-Minnie Rivers Case Management Specialists (3)Stephanie McDermott, Granyon PerryWooden, Demeen Tilley Case Management CoordinatorBobby Medlock Zavala Frio Atascosa Karnes Goliad Dimmit LaSalle McLive Mullen Oak Bee Victoria Refugio Matagorda Therapeutic Family Life San Patricio Webb Aransas Duval Nueces Kleberg Zapata Jim Hogg Kenedy Starr Manager, Youth Services Contracts -Kimbla Newsom Pegasus Schools, Inc. Brooks Willacy Hidalgo Cameron Texas Juvenile Justice Department AMIkids-Rio Grande Valley 457 TJJD Oversight Essential Functions Day-to-day monitoring activities regarding financial and performance requirements Provide training and technical assistance to residential contract providers Initiate corrective action and/or sanctions for non-compliance when appropriate Texas Juvenile Justice Department 458 TJJD Oversight Functions CONTRACT RESIDENTIAL SITE . VISIT FORM m??m Rwiden?all?mvider. AMlkids-Rio GIande Valle},r Byrd?s Faster Gimp Heme TrueCu'e Behaviaal Solutions anfCoastdeeCenter GatzaCOImtyRegional Juvenile Center Pegasus Schools, Inc. Gi-nFom?a?m Rile Ollie]: Date (It-Site Visit Time ofAmvaL' SITE VISIT ACTIVITIES Speci?c Activities (died: all that apply) Comments Tau mum Meaning Titd it DNrDayR?iewof?R?Fms Tali Illnvicw Tali if _Scnideivu'yCIasuvdim Tali :Mcdingwi?l Cum Tali :lleuingwi?l r?qa?jm Tau it Tm :Wmd Assim rural Donn (mg. (XS madly): Total maxim: CASE NIANAGENIENT REQIHRERIENT (ITENIS NHSSING FRONI TJJD NIASTER FILE) Item (died: all that alply) Garments 1min Synd?ml um dnulnut?im fan :Llediul mils fat ?t Dl?mlininzy Smocl?lm ?r jMnnIHy [Inns in: 90?113mm afm hints ?r _;ouu for: CASE NIANAGENIENT REQUIRENIENTS (QUALITY OF DOCUNIENTATION ISSUES) died: one Comments NIA DYE (spuifyl?c 51161) ACICNOVVLEDGLIEN TS Pridm?m MmNme?m'Ety We Hm or MNWU) WM ?Whe?m Can? We Hm madam MmNme?m'Ety Signature Dam Adama- chm'gnm) Time ofIkm'tme: Texas Juvenile Justice Department 459 Contract Specialized Rehabilitative Services Offered Aggression Replacement Training (ART) Seeking Safety Living in Balance Gang Realities in Our World Cognitive Behavior Therapy (CBT) Pathways to Self Discovery and Change Boys Council Adolescents Coping with Depression Skills-streaming the Adolescent Sexual Behavior Treatment Thinking for a Change (T4C) Positive Achievement Change Tool (PACT) Structured Assessment for Violence (SAVRY) Gateways Counseling Sex Offender Treatment Program Cannabis Youth Treatment (CYT) Sex trafficking program Sex Offender Outpatient program Medication administration and management Texas Juvenile Justice Department 460 Contract Supplemental Services & Extracurricular Activities Offered • • • • • • • • • • • Positive Skills Development groups Individual, group and family counseling Credit recovery GED preparation/testing Driver’s Education College courses Trades- automotive, building maintenance, bricklaying masonry, business information management, horticulture, welding Training/Certifications – ServSafe, First Aid/CPR/AED, OSHA, Agriculture/Gas & Oil Independent Living Preparation Sports Summer/Winter Sports Challenge Texas Juvenile Justice Department 461 Contractor Length of Partnership with the Juvenile Justice Agency • • • • • • • • • AMIKids-Rio Grande Valley (1985) Byrd’s Foster Group Home (1982)* Garza County Regional Juvenile Center (1998) Giocosa Foundation (2015) Gulf Coast Trade Center (1984) Pegasus Schools, Inc. (2014) Rite of Passage, Inc. (2014) Therapeutic Family Life (2017)* TrueCore Behavioral Solutions (2013) *Inactive Contract Texas Juvenile Justice Department 462 To: TJJD Board Members From: Camille Cain, Executive Director Carolyn Beck, Director of External Relations Subject: Status update on potential agency film projects Date: January 17, 2018 • “We All We Got!” filmed at Gainesville State School by Jessica Koscielniak, Video Journalist with McClatchy Video Lab The film is about the youth at Gainesville learning and redeeming themselves through football. It will feature the games and interviews with kids, Superintendent Mike Studamire and Community Relations Coordinator Dotty Luera who retired in November. The film, Jessica says, is about overcoming and learning to be part of a team and to fight through challenges in the right way. “This is a film about redemption,” she says. Platform: McClatchy Video Lab will offer this video series to its papers, such as the Fort Worth Star Telegram, and then will try to sell it to another platform such as Facebook, Hulu or Netflix. Status: Filming ended in November 2017. Roll-out date: Early 2018. • Planned Video on Basketball program to be filmed at Gainesville State School. Contact is Siobhan Smith, developing producer, Blast! Films, UK. Ms. Smith’s last email indicated that they are in the exploratory stage. They want to be sure not to be duplicating efforts of others already filming at Gainesville. Status: On Hold. • Possible Video Project to help raise funds for Gainesville State School. Contact is Pastor DeWayne Washington, a mentor and donor to the school. Pastor Washington is the founder of the Fort Worthbased “Gentleman’s Society,” which works with young boys and men (ages 8-18) to become gentlemen. Status: Planning Stage. 463 464 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Safety and Security Committee Meeting 11209 Metric Blvd. Bldg. H Ste. A, Lone Star Conference Room Austin, TX, 78758 Thursday, October 19, 2017, 3:00 p.m. BOARD MEMBERS PRESENT: The Honorable Lisa Jarrett, Presiding Chair The Honorable Wes Ritchey Allison Palmer James Castro Pama Hencerling (Non-Committee Member) Jimmy Smith (Non-Committee Member) Edeska Barnes (Non-Committee Member) BOARD MEMBERS ABSENT: Scott Matthew The Honorable Stephanie Moreno EXECUTIVE STAFF PRESENT: David Reilly, Executive Director Chelsea Buchholtz, Chief of Staff Jill Mata, General Counsel Forrest Mitchell, Chief Inspector General Eleazar Garcia, Chief Internal Auditor Thomas Adamski, Director of Secure Facility Operations Luther Taliaferro, Director of Education Services Rebecca Walters, Senior Director of Youth Placement, Re-entry and Program Development OTHER GUESTS PRESENT: Kevin DuBose, TJJD Kaci Singer, TJJD Jenna Reblin, TJJD Debbi McDaid, TJJD Steve Roman, TJJD Karen Kennedy, TJJD Xavier Casares, TJJD Melanie Cleveland, TJJD Daniel Guajardo, TJJD Gabriel Medellin, TJJD Angela Fritts, TJJD Jeannette Lepe, TJJD Vivian Cohn, TJJD Stephanie Valdez, TJJD Call to Order Presiding Chairman, Judge Lisa Jarrett called the meeting to order at 3:02 p.m. Safety & Security Committee October 19, 2017 465 Discussion, consideration, and possible approval regarding excused absences (Action) Judge Jarrett noted that committee members Scott Matthew and Judge Stephanie Moreno were absent. Wes Ritchey moved to approve the absences. James Castro seconded. The motion passed. Discussion, consideration, and possible approval regarding the August 24, 2017 meeting minutes (Action) Allison Palmer moved to approve the minutes. James Castro seconded. The motion passed. Office of the Inspector General Update Comprehensive Analysis Forrest Mitchell, Chief Inspector General, presented comparison data for FY16 and FY17 including analytics, intelligence and reporting, criminal investigations, and special investigative initiatives. There was a decline in the number of searches which is due to being without two canine units. However, this will be rectified with the upcoming three week canine training. This training will allow a tracking component that historically the agency has never had. They previously relied on the Texas Department of Criminal Justice canines for tracking. In the area of Security Intelligence, the overall number of interviews of gang affiliations has increased across the facilities, though the number of confirmed gang members has declined from 22% to 16%. The overall security intelligence evaluations have increased and due to Chief Mitchell’s new requirement for investigators to do comprehensive reports on assaultive or contraband events to determine if any are gang related. Although the overall number of criminal investigations has relatively stayed the same, the number of cases referred for prosecution has declined by roughly 10%. Although fully staffed now, during the interim there was a full turnover of OIG staff at the Gainesville facility and investigators from other facilities had to cover. This contributed to some of the decline. Staff recently returned to a 5 day work week to alleviate current caseloads. Chief Mitchell directed the Board’s attention to the Behavioral statistics and pointed out declines in cases of assault by a public servant, sustained prosecutions, and incidents of worker’s compensation claims from youth aggression. Youth on youth assaults are typically treated as a major rule violation and not a criminal case but OIG still conducts interviews to determine if they are gang related or part of any organized activity. There was approximately a 10% increase in apprehension directives and an Safety & Security Committee October 19, 2017 466 increase in abscond cases. Chief Mitchell implemented a directive that all apprehensive specialists are to conduct in depth interviews to gather investigative detail for locating repeat absconders. Chief Mitchell highlighted some notable investigative work and stated a recent arrest of a second Juvenile Correctional Officer (JCO) out of Gainesville for allegation of an inappropriate relationship with a youth. His staff are working with the Special Prosecution Unit, TDCJ OIG on this and other cases. In addition, these issues and a specific case from last year were addressed at three town hall meetings in Gainesville to help deter this activity in the future. Chief Mitchell reviewed the OIG continuity of operations plan and it now closely mirrors the agency’s overall continuity of operations agency plan. In case of relocation, OIG would go to the Giddings state school and then the Ron Jackson facility in Brownwood as a backup location. Neither locations have access to the National Crime Information Center (NCIC) or Texas Crime Information Center (TCIC) so; OIG has entered into an agreement with their local police departments to assist with activation of that plan. Finally, Chief Mitchell has prepared a proposed change to the statistical reporting form which will provide the Board and committee members a better idea of the types of criminal cases, indictments and adjudications. Judge Jarrett liked the idea of the comprehensive interviewing regarding abscond cases because most youth return to their same location. She will be asking Bexar County to adopt this same process. Administrative Investigations Division Update Kevin DuBose, Director of Administrative Investigations Division, provided a summary of comparisons for the county investigations unit and the state investigations unit for the time period of FY16 and FY17. The total reports increased slightly but there was a reduction of abuse, neglect and exploitation cases and the average days of disposition decreased. In addition, no active cases have been opened for six months or longer. Under Allegation Classifications there was an increase in sexual abuse with one affirmative finding on sexual abuse contact and seven on sexual abuse non-contact. Of note, suicide attempts were up and youth on youth sexual conduct was up but overall only a slight increase. Safety & Security Committee October 19, 2017 467 State Side The total number of cases opened has decreased and so has the average days of disposition. There are no open active cases past six months and there is a reduction in confirmed findings. Committee member Judge Ritchey asked about contributing factors to reduction in days to closure. Mr. DuBose contributed it to the additional staff. He previously operated with only six investigators to cover the entire state but now he has two investigators in each facility except Giddings who operates and needs only one. Changes were also made in the closure process. They eliminated some time consuming administrative duties and moved to electronic process. This also resulted in cost savings to the agency by eliminating the cumbersome job of mailing case files. Ancillary AID has been assisting with field training of local practitioners in abuse and neglect reporting. As well as attending facility Town Hall meetings and giving presentations on boundaries, language, effective documentation to avoid tampering. AID collaborated with OIG and the training division to conduct a webinar on an Active Shooter event and this will be archived for later viewing for those that cannot attend. Finally, Mr. DuBose solicited board input on the current reporting format and welcomes any need for additional information. Jill Mata further clarified that the current report had been modified down by previous board members. Ms. Mata will provide more information to the Board members at the Board meeting on the following day. One Board member asked for a breakdown by classification and Ms. Mata said that information is and would be readily available. Board member Jimmy Smith would like to see suicide attempts statistics broken down by facility. Discussion, consideration, and possible recommendation for final adoption of revisions to 37 TAC €343.230 (Specialized Housing) and €343.266 (Bedding) (Recommendation) Amy Miller, Grants Manager, presented the item and stated there were no public comments and no changes. James Castro moved to forward the recommendations to the Board for possible approval. Judge Wes Ritchey seconded. The motion passed. Safety & Security Committee October 19, 2017 468 Discussion, consideration, and possible recommendation for final adoption of revisions to 37 TAC €349.410 (Administrative Review of Investigation Findings) (Recommendation) Kaci Singer, Staff Attorney, presented the item and stated the change was a corrective, technical change, but there was no change between the version approved for posting and this final version. There were no public comments. James Castro moved to forward the recommendations to the Board for possible approval. Judge Wes Ritchey seconded. The motion passed. Discussion, consideration, and possible recommendation for board approval regarding the discipline of certified officers- Agreed Orders (Recommendation) a. Anthony Simmons, Certification No. 28683, 17-28683-170143 (Dallas) Jenna Reblin, Staff Attorney, presented the item. James Castro moved to forward the recommendations to the Board for possible approval. Wes Ritchey seconded. The motion passed. Discussion, consideration, and possible recommendation for board approval regarding the discipline of certified officers- Default Orders (Recommendation) a. Morey Moore, Certification No. 28998, 17-28998-170091 (Bexar) Jenna Reblin, Staff Attorney, presented the item. Judge Jarrett recused herself. Wes Ritchey moved to forward the recommendations to the Board for possible approval. James Castro seconded. The motion passed. State Programs and Facilities Update Population Thomas Adamski, Director of Secure Facilities - North, presented for the Senior Director of State Programs and Facilities, Teresa Stroud. He stated that the Board packet includes numbers from September 23, 2017 but as of this morning; youth population is one half of a percent below budgeted capacity. Safety & Security Committee October 19, 2017 469 Workers’ Compensation The Workers’ Comprehension report ending the year in August of 2017 showed numbers slightly up over the average. However, the overall injury frequency rate (IFR), expenses and cost per FTE (Full Time Employee) are down compared to Fiscal Year 2016. Residential programs Both the Giddings State Indians and the Gainesville Tornados football teams continue to participate in the TAPPS (Texas Association of Private and Parochial Schools) school district Sports programs. In addition, and TAPPS and TJJD are currently in conversations to include the other three facilities. A production company has been collaborating with TJJD and the Gainesville State School on a documentary about TJJD youth who also participate in the Gainesville Football program. The Film miniseries is titled “We All We Got”. The initial trailer on YouTube received such positive feedback that they will be able to do a mini-series on Netflix. The series will reflect on the challenges our youth face, family issues and solutions, programming, football and outcomes. Cris Burton, Program Specialist for P.A.W.S. (Pairing Achievement with Success) and Teresa Stroud hosted the Advisory Council and community stakeholders at Giddings on September 22, 2017 for a presentation on the PAWS program. Youth participating in the program shared with guests what they are learning as well as the challenges of the program. Both the president of the Giddings Advisory Council and the Director of the Bastrop Community Animal Shelter were in attendance. The new program is developing extremely well. The Giddings State School celebrated their Fall Commencement ceremony on Friday, September 29th for their High School graduates as well as for those who completed their GED. On this occasion, one high school diploma and twenty-two GED’s (General Equivalency Diplomas) were issued. Ms. Stroud is currently attending the Governor’s Executive Development program in Georgetown with the blessing of Ms. Buchholtz and Mr. Reilly. An applied learning project is required during presentation and Ms. Stroud will be reviewing issues surrounding agency turnover for her project. Safety & Security Committee October 19, 2017 470 The agency was particularly fortunate during the Texas Hurricane Harvey. Although they received heavy rains and some wind damage at the Giddings state school, the facilities located in the valley received no impact whatsoever. Estimates on damages impacting the Giddings facility’s gymnasium, cafeteria and a treatment building have been turned over to the Governor’s office along with estimates to related costs in overtime in an attempt to recoup some losses through FEMA. There were significant travel challenges during the heavy rains and staff who were able to get to work, worked long shifts to cover and maintain safety. Operations remained safe throughout the storm due to those committed employees. Board member Chief Edeska Barnes asked that the Board be provided dates of events like football games and commencements. Mr. Adamski presented the “Red Zone” data and stated that the goal is to be at the mean or below and trending downward. A snapshot taken on September 20, 2017 showed five of the eight facilities were below the median and three are above and/or trending upward. There are several pieces of data collected by the agency and reports available each month to help identify trends, both positive and negative. Issues that can contribute to and increase negative behaviors can be: stage distribution, youth population, staffing and overtime fatigue, gang dates like Friday the 13th, Cinco de Mayo and changes in dorm or campus leadership. For example, the Mart facility found after examination that two youth had contributed to seventy percent of incidents. Mr. Parks and Mr. Stewart developed an action plan to address this and incidents did go down at Mart and Phoenix. However, MRTC continues to be problematic so, they will continue to focus on that campus. All superintendents are asked to drill down on facility reports, date and time data, triggering events, youth and staff location and staff proximity. All of these are considered and incorporated into corrective action plans in order to reduce incidents. Board member Chief Edeska Barnes and committee member Judge Wes Ritchey both commented that they had visited the Ron Jackson facility and were impressed with the well behaved youth and enjoyed their tour. It exceeded their expectations and they complimented the staff for a great job. Mr. Adamski welcomed all members of the committee and board to visit Sate facilities. Updates from the Halfway Houses and Operational Support Division Alan “Chip” Walters, Director of Halfway House Operations and Facility Support, oversees programming in medium restriction facilities and supervises the Halfway House Superintendents. He presented Safety & Security Committee October 19, 2017 471 information through PowerPoint. The Halfway House mission aligns well with the agency mission of transforming lives and keeping the community safe. This is done by keeping them engaged in the programs. This entails building on the skills they’ve learned from their stay at the secure facilities. Youth can come to a Halfway House in several ways: by “Step-Down” because they may need to build more skills before going home, to complete treatment and 27 percent come straight from the Orientation and Assessment (O&A) unit. They can start their parole experience, begin community service, meet and finish any other requirements and work on their independent living skills. Some youth who went to the community find they have no support so, we conduct a fact finding hearing to move them back to the Halfway House until those are in place Brownwood is the female unit. Sexual behavior aftercare is offered at all locations except Cottrell House. Aftercare involves family reintegration, safety plans, counseling, mental health supports, AOD (Alcohol and Other Drug) moderate programming is offered. McFadden Ranch specializes in high need AOD programming and individual counseling where needed. the agency offers Anger therapy but it is a 12 week program so the agency also offers a 10 week course in Strategies for Anger Management. All locations offer independent living and education is offered on site by local ISDs (Independent School Districts). There are some youth going to campus in the community. They have full medical access. College courses are offered at Navarro College located in Corsicana, Texas. He pointed out the Halfway House Superintendents in a picture and noted their locations. Typically halfway house’s average 11 to 13 JCO’s (Juvenile Case Officers), case managers, a health specialist, food service workers and human support officers. Human support offers have a versatile job description and duties can include anything from medication dispensing to finding youth job services. Population is budgeted at 146 and today at 150 but there are still a few beds open. He went over a chart of the first 9 months of data. Youth on average spend 2 to 3 months in the halfway house and McFadden has a longer program of 7 months for intake youth. There are two types of youth in the halfway houses, institutional status or parole status. When youth have problems there then will be two corresponding types or hearings. Typically, hearings are for absconds. Hearings are held for major rule violations but abscond is not a law violation. The focus is to keep the youth at the halfway house and not to put them back in high restriction unless there is a real need. Safety & Security Committee October 19, 2017 472 The youth put in over 2000 hours of community service in August of 2017. This was difficult month but the youth sheltered in place for the hurricane and volunteered. Mr. Walters concluded his report. Committee member Judge Wes Ritchey stated that he toured the Brownwood halfway house and the staff were very enthusiastic and showed him all the programming. Mr. Walters extended an invitation to all the committee and board members to come and visit any of the halfway houses. Adjourn Judge Lisa Jarrett adjourned the meeting at 3:58 p.m. Safety & Security Committee October 19, 2017 473 474 TRANSFORMING YOUNG LIVES AND CREATING SAFER COMMUNITIES Memorandum To: TJJD Board Members From: Camille Cain, Executive Director Kathryn R. Gray, Staff Attorney Subject: Discussion, consideration, and possible approval regarding Committee Charters (Action) Date: January 17, 2018 Section VII of the TJJD Board Governance and Policy Manual states that the Board shall have standing committees and that each committee have a charter that has been approved by the Board. The section also provides that the Board “review and reassess the adequacy of each charter and make appropriate changes” as it deems appropriate. Previous board committees have determined that periodic review and updating of committee charters is appropriate. To assist the Board in this process, agency staff has reviewed the current charters for the Safety and Security Committee, Programs Committee, and the Finance and Audit Committee. A charter for the Trust Committee has been drafted by Kathryn Gray for review by the Trust Committee. The draft charters were presented to each committee for review, discussion, and possible presentation to the Board. The charters include the following: Purpose Mission Statement Composition (determined by the Chairman of the Board) Meeting (set by statute) Responsibilities and Duties The Board is being asked to approve the charters which have been approved by the respective committees. 475 Texas Juvenile Justice Department Board of Directors Safety and Security Committee Charter Purpose The Board of the Texas Juvenile Justice Department has established a Safety and Security Committee ("the Committee"). The primary functions of the Committee are to assist the agency's Board (the "Board") in the oversight of: policies and practices related to the safety and security of youth and employees within stateoperated facilities and programs and the reporting and investigation of allegations of criminal offenses, abuse, neglect and exploitation of youth. The committee also reviews and makes recommendations to the Board regarding all variance requests of standards for facilities approved by local juvenile boards and disciplinary actions for certified juvenile probation and supervision officers. Mission Statement The Committee's mission is to promote safety and security for youth, employees and communities. This mission can be accomplished but is not limited to: 1. 2. 3. 4. Operating safe and secure facilities and programs, Supporting state and local efforts for training, development and implementation of practices and programs that insure juvenile justice practitioners, investigators, and agency law enforcement have the tools and skills necessary to safely conduct their jobs, Direct funding f o r reporting, investigation and programs to enhance safety and security, and Timely consideration of variance requests and disciplinary actions. Composition The committee is comprised of five board members. The Chairman of the Board appoints the Committee Chair as well as the other four members. Meetings The Committee will meet at least four times annually, with additional meetings occurring as circumstances dictate. The Committee Chair shall establish meeting agendas in coordination with executive leadership of the agency two weeks prior to regularly scheduled committee meetings. Responsibilities and Duties The Committee’s specific responsibilities and duties in carrying out its oversight role are outlined in the Safety and Security Committee responsibilities and duties checklist. The checklist will be updated annually, or more frequently as circumstances dictate, to reflect changes in regulatory requirements, authoritative guidance and evolving oversight practices. Updates to the responsibilities and duties checklist will be considered to be an addendum to this charter. The Committee relies on the expertise and knowledge of the Executive Director, the Chief Inspector General, the Director of Administrative Investigations, and other executive management staff in carrying out its oversight responsibilities. The agency's executive management is responsible for the integrity of agency's information provided to the committee. 476 Safety and Security Committee Charter Checklist Responsibilities and Duties Frequency X X Q X X X X Q X X X X Request Board approval of programming policies as required. N X X X X Reviews standards and variance requests. N X X X X Review safety and security policies. N X X X X st th 4 Quarter X rd X 2d Quarter Q 1 Quarter 3 Quarter Q-Quarterly A-Annually B- Biennial N-As needed Quarter 1. General Administration Meet at least four times per year or more frequently as circumstances require. The Committee may ask members of executive management or others to attend the meeting and provide pertinent information as necessary. Prepare agenda for Committee meetings in consultation between the Committee chair (with input from the Committee members), and TJJD executive management. Approve minutes of previous meeting. 2. Agency Performance Review performance measures. Q X X X X Review timelines for all investigations. Q X X X X 3. Training and Development Review training calendar for TJJD employees and probation departments. A Review professional development plan for specialized investigation and law enforcement. A X X 12/11/17 477 478 To: TJJD Board Members From: Camille Cain, Executive Director Teresa Stroud, Senior Director of State Programs and Facilities Subject: Report from the State Programs and Facilities Division Date: January 26, 2018 Population: (as of 12/21/17) Budgeted Actual Female Pop Over Under Percent Evins 128 126 * -2 (1.6%) Gainesville 226 227 . 1 0.4% Giddings 206 236 . 30 14.6% Giddings Young Males 12 12 . -0 0.0% Mart Phoenix 14 11 . -3 (21.4%) MRTC 51 44 . -7 (13.7%) 184 200 . 16 8.7% 96 71 8 -25 (26%) 106 99 90 -7 (6.6%) 1023 1026 98 3 0.3% Programs Mart Long Term Ron Jackson O & A RJ Long Term (females) Total Institutions 479 Residential programs On December 20, 2017 the then Executive Director David Reilly, Chief of Staff Chelsea Buchholtz and Board Members Mr. Castro and Mr. Barnes visited the Gainesville State School for a tour. The group toured the facility, visited dorms, security, the Gainesville PAWs program and Tornado Ranch. Mr. Reilly was surprised with the facility announcement that Tornado Ranch will include the Reilly Equine Center for equine assisted psychotherapy. Mr. Reilly was instrumental in providing the guidance and support which enabled the facility to develop Tornado Ranch. The Ranch had received two donated pot-belly pigs which have since expanded their family with the birth of five piglets in mid-December and the donation of two horses in the following week. Marquis and Delano are the first two horses to begin the equine program at Gainesville. The development of this program holds great promise for youth housed at the Gainesville State School. Both the Gainesville Tornados and the Giddings Indians finished out their TAPPS football seasons in late November in the first leg of the playoffs for each of their divisions. At Gainesville, the following youth were recognized in TAPPS Division III District. Defensive MVP of the year Treyvuan G. First Team All-District Treyvuan G. (Offensive Line) Treyvuan G. (Defensive Line) Cammie S. (Running Back) De’Keevon W. (Defensive End) Second Team All-District Ernesto B. (Offensive Line) Joe R. (Receiver) De’Keevon W. (Tight End) Samuel J. (Linebacker) Kieston A. (Defensive Back) Honorable Mention Damondre W. (Running Back) Kieston A. (Receiver) Antonio M. (Defensive Line) Cammie S. (Linebacker) Joe R. (Free-Safety) Davonte T. (Punter) Gregory K. (Quarterback) 480 Gainesville staff celebrated the students with an athletic banquet honoring their accomplishments. Both Gainesville and Giddings are now participating in TAPPS basketball in their respective districts. Our other facilities are now in talks with TAPPS to join the sports competitions for the 2018-2019 season. We are pleased to welcome Eric Ikonne to State Programs and Facilities. Eric joins TJJD as the agency’s first Recreation Program Administrator. He will work closely with all institutional facility recreation programs. Eric holds a Bachelor’s degree in Kinesiology, Master’s degree in Public Health and is currently a PhD candidate in Public Health at the University of Texas, Austin. Eric has provided and supervised recreational/therapeutic interactive programs at the level needed to build the program from the ground up. His extensive knowledge working with youth will provide the strong foundation which is needed for this newly created position/program. He has an extensive range of experience in program development and creating interactive activities – mostly tailored to a diverse populations and environments. Eric will provide leadership, training and curriculum development for structured recreational activities in the secure facilities to improve the use of recreational time in facilities with activities geared to improve physical fitness, develop teamwork and improve social skills. This will include further expansion and development of intramural programs. On December 8,2017 for the first time since 2004, it snowed in the valley. Youth at the Evins facility were treated to a rare experience of playing in the snow. In November, Evins volunteers hosted youth family members for meals, held a christian concert and sponsored a Thanksgiving family meal for families visiting youth. Thirty-five team members from the Christ on the Cross Juvenile Ministry also hosted an ACTS retreat at the facility for 26 youth. The Ron Jackson Facility hosted a graduation on December 1, 2017 and volunteers sponsored dorm Christmas parties the following week. Dorms held a Christmas decorating contest on December 11t and on December 21 Ron 481 Jackson youth presented a Christmas drama and concert. In November, Ron Jackson staff hosted a Thanksgiving and praise family day and volunteers hosted an Epiphany weekend. Youth in the mentor program at Giddings are receiving instructions on handling finances. In October, volunteers held anEpiphany Weekend with 44 youth participating. The Mart facility hosted a family day event on December 16 with a Christmas tree lighting and a meal for those attending. The Mart Facility hosted a family worship event in November, allowing youth and families an opportunity to worship together followed by Sunday lunch for all in attendance. Facility incident rates are reflected in the following graphics which capture the incident per 100 ADP (average daily population). I am providing copies of the control charts showing the activity over the last 12 months on each facility. Because these rates are based on population, I am also providing the youth actual incident numbers for each facility over the last few months. November data was not available at the time this document was created. The facility with the highest number of incidents in each month is indicated in red. Population Incidents 8/2017 Incidents 9/2017 Incidents 10/2017 Evins 126 872 871 761 Gainesville 227 921 890 1011 Giddings 248 1097 927 1286 Mart LT 200 1421 997 940 MRTC 44 407 408 315 Phoenix 11 119 79 90 Ron Jackson 96 249 440 443 Ron Jackson LT 106 1043 845 896 482 INCIDENT RATE PER 100 ADP EVINS REG JUV CNTR High Zone ?22439 Zone 10.19016 11-9016 9/9016 01-901? 09/901? 03901? 0591201? 05-901? 00901? 0?:901? 084901? 001901? 121.901? INCIDENT FIATE PEFI 100 ADP GAINESVILLE 240 High Zone 20 200 f=1966 150 Low Zone 140 1019016 1149016 919016 014901? 09-901? 03901? 041201? 05901? 00901? 0?;901? (38-901? 091901? 11901? INCIDENT RATE PER 100 ADP GIDDINGS High Zone X: 283.3 RATE Low Zone 1019016 1149016 12-9016 01-901? 021901? 03-901? 041901? 05301? 065901? 0??201? 138-901? 081901? 0901? 483 INCIDENT RATE PER 100 ADP MCLENNAN l High Zone 224.37 225 200 _85.31 -187.11 F5 150 145.58 ?25 LOW Zone 1012016 112016 2-2016 01-201? 024201? 03201? 0501201? 051201? 061201? 0?;?201? 08-201? 08201? 104201? INCIDENT RATE PER 100 ADP MCLENNAN RTC High Zone RATE E: 252.2 LON Zone 1042016 1142016 242016 01201? 02-201? 03201? 041201? 051201? 00201? 0?;?201? 06201? 091201? 11201? INCIDENT RATE PER 100 ADP MCLENNAN PHOENIX High Zone I: LON Zone 112016 11206 1312015 01201? 02-201? 06-201? 041201? 051201? 061201? 0?:201? 081201? 091201? 10.1201? 484 INCIDENT RATE PER 100 ADP RON JACKSON 0 a: A High Zone f: 3 14.2 Low Zone 1019016 11?2016 1292016 Ell-?201? 03291? 044201? 05331? 06201? 97"}201? (38-201? 13f201? INCIDENT RATE PER 100 ADP RON JACKSON sacc UT1 830? 759.62 High Zone m0- E2635 m0- Zone 400 1012016 112016 W016 01.9201? CE-QOW 03201? 01201? 05'201? 06'201? 011201? 091201? 133201? 485 GNS Basketball Schedule 2017-2018 Day Tues. Thur. Fri. Mon. Mon. Thur. Mon. Mon. Mon. Thur. Mon. Tues. Thur. Tues. Thur. Mon. Thur. Mon. Mon. Date 11-14 11-16 11-17 11-20 11-27 11-30 -12-2 12-4 12-11 12-18 01-04 01-08 01-09 01-11 01-16 01-18 01-22 01-25 01-29 02-05 Opponent Founders Academy A-Plus Academy Inter-squad Scrimmage Founders Academy Burton Bowie Tournament Location Here Dallas Here Lewisville Here Bowie Time 7:00 6:30 2:00 7:30 6:00 TBA Burton Academy Arlington 7:30 Coram Deo Waco Vanguard Waco Vanguard Shelton Mckinney Christian Waco Reicher Coram Deo Mckinney Christian Shelton Waco Reicher Lewisville* Here* Waco* Dallas * Here* Waco * Here* There* Here* Here* 7:30 5:00 4:30 7:30 6:00 6:00 6:00 7:30 6:00 6:00* Supt.: Mike Studamire Asst. Supt.: Deidra Reece Principal: Andre Jenerson Asst. Principal: Caronda Williams Head Coach: Henry Thomas Asst. Coaches: Roy Burns, Terrance Washington Phil Gipson, Ebony Johnson, *Home games are played at the Gainesville ISD Middle School located at 1201 S. Lindsay St in Gainesville. 486 Lone Star High School Southeast TAPPS 4A Giddings Indians Basketball Schedule 2017-2018 Basketball 979-542-4521 Fax 979-542-7816 Superintendent- Jorge Gonzalez Assistant Superintendent – Charles Kelm Principal- Dennis Smith Assistant Principal/ Activity Coordinator - Robert French Coaches – Arthur Aviles & Sandy Brown (AD) Date Opponent Place Time Contact Person Basketball Schedule – TAPPS 4A Friday, Dec. 15 Summit Christian Cedar Park 6:30 Austin 6:30 2121 Cypress Creek Pkwy, 78642 Thursday, Jan. 4 *Texas School for the Deaf chris.hamiliton@tsd.state.tx.us 1102 South Congress. 78704 Tuesday, Jan. 9 512-410-1021 *San Marcos Baptist Academy San Marcos 6:30 davis@smaglobal.org 2801 Ranch Rd 12, 78666 512-353-2400 Friday, Jan 12 Brentwood Christian Austin 6:30 11908 N Lamar Blvd. 78753 Tues, Jan. 16 *San Juan Diego scaffey@brentwoodchristian.org 512-835-5983 Austin 7:00 Paredes Middle School, 10100 S Mary Moore Searight Dr.78748 Friday, Jan. 19 *Faith Academy Marble Falls 7:00 3151 E FM 1431, 78654 Tues, Jan.23 *Geneva Friday, Jan. 26 *John Paul II jcrow@famf.org 830-798-1333 830-755-6101 Schertz 6:30 emccabe@johnpaul2chs.org 512-313-6763 Georgetown 6:00 carla.knippa@chsaustin.org 220 FM 1863, New Branfels, 78132 *Concordia Lutheran gcisneros@sjdchs.org 512-804-1935 Boerne7:00 eboerboom@genevaschooltx.org 113 Cascade Caverns Rd., 78015 Tues. Jan. 30 Patrick Hughes 469-261-7989 6101 FM 1105, Zion Lutheran, Georgetown, 78626 Tues. Feb. 6 *District Tournament, Day 1 TBA Thurs. Feb. 8 *District Tournament, Day 2 TBA Friday, Feb. 9 *District Tournament, Day 3 TBA Mon-Tues, Feb 12-13*District Tournament TBA (Tie Breaks) (District Tourney double elimination – district standing split from district & tourney finish) 487