TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 341. GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS

The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC, Part 11, §341.202, Policies and Procedures, with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8500). This rule will be republished. TJJD also adopts amendments to 37 TAC, Part 11, §341.302, Participation in Community Resources Coordination Groups, and §341.502, Risk and Needs Assessment, without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8500). These rules will not be republished.

SUMMARY OF CHANGES

As required due to statutory changes, amendments to §341.202 include: 1) adding a subparagraph titled Diversion of Juveniles in a General Residential Operation to the list of topics that departments must address in their policies and procedures and provide information related to including each of those specific topics; 2) removing the subparagraph titled Deferred Prosecution related to fees from the list of topics that departments must address in their policies and procedures; 3) providing that, if a probation department uses volunteers or interns, the juvenile board must establish policies that include a requirement to conduct criminal history searches and non-criminal background searches in accordance with 37 TAC, Part 11, Chapter 344 for volunteers and interns who will have direct, unsupervised access to juveniles or direct contact with a juvenile and prohibiting such contact if the person does not meet the requirements in Chapter 344; and 4) adding a subparagraph titled Training Requirements to the list of topics that departments must address in their policies and procedures and providing information related to including each of those specific topics. (The topics that must be trained are related to maintaining professional relationships with children and recognizing and reporting suspected physical and sexual abuse.)

In addition, §341.202 now correctly identifies the Health and Human Services Commission (rather than the Department of Family and Protective Services) as the agency that licenses, certifies, and registers general residential operations, as provided by Chapter 42, Human Resources Code.

As required due to a non-substantive statutory revision, amendments to §341.302 include modifying a statutory reference related to participation in a community resources coordination group.

As required due to statutory changes, amendments to §341.502 include adding that, prior to the disposition of a juvenile's case, a probation department must screen the juvenile for risk of commercial sexual exploitation.

PUBLIC COMMENTS

TJJD received no public comments on the proposed rulemaking actions.

SUBCHAPTER B. JUVENILE BOARD RESPONSIBILITIES

37 TAC §341.202

STATUTORY AUTHORITY

The amended section is adopted under the following: 1) §221.003, Human Resources Code (as amended by HB 451, 89th Legislature, Regular Session), which requires a juvenile probation department to use a validated, evidence-informed tool as part of a youth's risk and needs assessment to screen for the risk of commercial sexual exploitation; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) §152.00145, Human Resources Code (as amended by HB 16, 89th Legislature, Regular Session), which clarifies the diversion and detention policy for certain juveniles; and §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities.

No other statute, code, or article is affected by this adoption.

§341.202. Policies and Procedures.

(a) Personnel Policies. The juvenile board must establish written personnel policies.

(b) Department Policies. The juvenile board must establish written department policies and procedures. These policies and procedures must address the following topics if they apply.

(1) Diversion of Juveniles in a General Residential Operation.

(A) As required by §152.00145, Human Resources Code, the juvenile board must establish policies that prioritize:

(i) the diversion from referral to a prosecuting an attorney under Chapter 53, Family Code, juveniles residing in a general residential operation, particularly children alleged to have engaged in conduct constituting a misdemeanor involving violence to a person; and

(ii) the limitation of detention to such juveniles to circumstances of last resort.

(B) To monitor the success of policies implemented under subparagraph (A) of this paragraph, a juvenile board shall track:

(i) the number of juveniles residing in a general residential operation who are referred to the juvenile probation department or other intake entity for the juvenile court;

(ii) the number of juveniles described by clause (i) of this subparagraph who are placed on deferred prosecution; and

(iii) the general residential operation where each child tracked under this section resided at the time of the conduct that result in the referral.

(C) For purposes of this subsection, a "general residential operation" is a child-care facility that provides care for seven or more children for 24 hours a day, including facilities known as residential treatment centers and emergency shelters. General residential operations are licensed, certified, or registered by the Health and Human Services Commission, as provided by Chapter 42, Human Resources Code.

(2) Volunteers and Interns. If a juvenile probation department uses volunteers or interns, the juvenile board must establish policies for the volunteer and/or internship program that include:

(A) a description of the scope, responsibilities, and limited authority of volunteers and interns who work with the department;

(B) selection and termination criteria, including disqualification based on specified criminal history;

(C) a requirement to conduct criminal history searches and non-criminal background searches as described in Chapter 344 of this title for volunteers and interns who will have direct, unsupervised access to juveniles or direct contact with a juvenile, as defined in Chapter 344 of this title;

(D) a prohibition on having unsupervised contact with juveniles for volunteers and interns whose history does not meet the requirements in Chapter 344 of this title;

(E) the orientation and training requirements, including training on recognizing and reporting abuse, neglect, and exploitation;

(F) a requirement that volunteers and interns meet minimum professional requirements if serving in a professional capacity; and

(G) a requirement to maintain a sign-in log that documents the name of the volunteer or intern, the purpose of the visit, the date of the service, and the beginning and ending time of the service performed for the department.

(3) Zero-Tolerance for Sexual Abuse. The juvenile board must establish zero-tolerance policies and procedures regarding sexual abuse as defined in Chapter 358 of this title. The policies and procedures must:

(A) prohibit sexual abuse of juveniles under the jurisdiction of the department by department staff, volunteers, interns, and contractors;

(B) establish the actions department staff must take in response to allegations of sexual abuse and TJJD-confirmed incidents of sexual abuse; and

(4) Pretrial Detention for Certain Juveniles. As required by §152.0015, Human Resources Code, the juvenile board must establish a policy that specifies whether a person who has been transferred for criminal prosecution under §54.02, Family Code, and is younger than 17 years of age may be detained in a juvenile facility pending trial.

(5) Juveniles Younger Than 12 Years of Age. As required by §152.00145, Human Resources Code, the juvenile board must establish policies that prioritize:

(A) the diversion of children younger than 12 years of age from referral to a prosecuting attorney under Chapter 53, Family Code; and

(B) the limitation of detention of children younger than 12 years of age to circumstances of last resort.

(6) Taking Juveniles into Custody. The juvenile board must establish a policy that specifies whether juvenile probation officers may take a juvenile into custody as allowed by §§52.01(a)(4), 52.01(a)(6), or 52.015, Family Code.

(A) If the policy allows juvenile probation officers to take a juvenile into custody, the policy must specify whether the officers are allowed to use force in doing so.

(B) If the policy allows juvenile probation officers to use force in taking a juvenile into custody, the policy must:

(i) address prohibited conduct, circumstances under which force is authorized, and training requirements;

(ii) require each use of force to be documented, except when the only force used is the placement of mechanical restraints on the juvenile.

(7) Training Requirements.

(A) The juvenile board must establish a policy that requires training to each employee, volunteer, or independent contractor who may be placed in direct contact with a juvenile receiving services from the department or facility. The training must include:

(i) recognition of the signs of physical and sexual abuse and reporting requirements for suspected physical and sexual abuse;

(ii) the department's or facility's policies related to reporting physical and sexual abuse; and

(iii) methods for maintaining professional and appropriate relationships with children.

(B) For purposes of this paragraph, a person may be placed in direct contact with a juvenile receiving services from the department or facility if the person's position potentially requires the person to:

(i) provide care, supervision, or guidance to a child;

(ii) exercise any form of control over a child; or

(iii) routinely interact with a child.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600789

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

SUBCHAPTER C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES

37 TAC §341.302

STATUTORY AUTHORITY

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600790

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

SUBCHAPTER E. CASE MANAGEMENT

37 TAC §341.502

STATUTORY AUTHORITY

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600791

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

CHAPTER 342. STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS CORRECTIONAL FACILITIES

37 TAC §342.1

The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC, Part 11, §342.1, Authority to House Out-of-State Juveniles, without changes to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8185). The rule will not be republished.

SUMMARY OF CHANGES

Amendments to §342.1 include clarifying the phrase juveniles convicted of offenses committed against the laws of another state of the United States (instead of or the United States); and removing references to pre-adjudication, secure detention facilities.

PUBLIC COMMENTS

TJJD received no public comments on the proposed rulemaking action.

STATUTORY AUTHORITY

The amended section is adopted under §221.053, Human Resources Code, which requires the Board to develop rules, procedures, and minimum standards applicable to county or private correctional facilities housing out-of-state juvenile inmates

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600792

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 19, 2025

For further information, please call: (512) 490-7130

CHAPTER 343. SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES

SUBCHAPTER E. RESTRAINTS

37 TAC §§343.800, 343.816, 343.817

The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC, Part 11, §343.800, Definitions, with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8503). This rule will be republished. TJJD also adopts amendments to 37 TAC, Part 11, §343.816, Chemical Restraints, without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8503). This rule will not be republished. TJJD also adopts new 37 TAC, Part 11, §343.817, Use of Force Review Board, without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8503). This rule will not be republished.

SUMMARY OF CHANGES

Amendments to §343.800 include adding definitions of approved chemical restraint device, detention supervisor, dorm supervisor, reasonable belief, serious bodily injury, security personnel, and shift supervisor.

In addition, the definitions of security personnel and serious bodily injury now appear in correct alphabetical order.

Amendments to §343.816 include specifying that the use of chemical restraints is governed by this section as well as by §§343.802, 343.804, and 343.806 of this chapter, and adding that: 1) chemical restraints may be used only if the juvenile board has given approval; 2) if the board gives approval to use a chemical restraint, board policies must specify the approved chemical restraint device, which staff are authorized to use the device, which staff are authorized to carry the device, the training curriculum required for staff to be authorized to carry the device, the procedures for controlling the device, and the procedures to follow after the use of chemical restraints; 3) only approved chemical restraint devices may be used and devices must be stored in a locked, controlled area; 4) only certified juvenile supervision officers who have been trained in the chemical restraint device may use it; 5) as part of the training curriculum, juvenile supervision officers must be sprayed with the device if the juvenile supervision officer is being trained in chemical restraint for the first time and exposure to the oleoresin capsicum spray is not medically contraindicated for the juvenile supervision officer; 6) the only staff who may be authorized to routinely carry the chemical restraint device are the facility administrator, assistant facility administrator, shift supervisor, detention supervisor, dorm supervisor, and security personnel; 7) except for the exceptions provided, the use chemical restraints is authorized only for those instances when other interventions have failed or are not practical and chemical restraints are reasonably believed necessary to quell a riot or major disruption; resolve a hostage situation; remove residents from behind a barricade during a riot or a situation involving self-harm; secure an object that is being used as a weapon and is capable of causing serious injury; protect residents, staff, or others from serious injury; or prevent escape; 8) any resident affected by a chemical restraint must be decontaminated as soon as the purpose of the restraint is achieved and that, after decontamination, a health care professional must examine, treat, and monitor any resident or staff member affected by the restraint; 9) authorization to use a chemical restraint must be obtained prior to each use, except in instances when it is reasonably believed necessary to prevent the loss of life or serious bodily injury; 10) standing orders authorizing chemical restraints are prohibited; 11) chemical restraints are not authorized for use on a resident when a medical provider has diagnosed the resident as having a chronic, serious respiratory problem or other serious health condition known to the facility, except in instances when it is reasonably believed necessary to prevent the loss of life or serious bodily injury; and 12) a facility that is authorized to use chemical restraints and that accepts residents from other counties is required to make those counties aware that the facility authorizes the use of chemical restraints.

The new §343.817 includes that: 1) each facility authorized to use chemical restraints must have a use of force review board comprising the facility administrator and other designated staff; 2) no later than 14 calendar days after a restraint, the review board reviews each use of force incident involving chemical restraints; 3) the review board uses all available resources to determine whether policy was followed, to determine whether documentation was completed correctly, to identify training needs, and to identify ways to expand prevention efforts; and 4) for each meeting of the review board, written documents of the names of all attendees, a list of each incident reviewed, and any corrective actions recommended must be created and saved.

PUBLIC COMMENTS

TJJD received no public comments on the proposed rulemaking actions.

STATUTORY AUTHORITY

The new and amended sections are adopted under §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities.

No other statute, code, or article is affected by this adoption.

§343.800. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings unless otherwise expressly defined within the chapter.

(1) Approved Personal Restraint Technique--A professionally trained, curriculum-based, and competency-based restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints.

(2) Approved Mechanical Restraint Devices--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. TJJD-approved mechanical restraint devices are limited to the following:

(A) Ankle Cuffs--A metal band designed to be fastened around the ankle to restrain free movement of the legs.

(B) Handcuffs--Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms.

(C) Plastic Cuffs--Plastic devices designed to be fastened around the wrists or legs to restrain free movement of hands, arms, or legs. Plastic cuffs must be designed specifically for use in human restraint.

(D) Restraint Bed--A professionally manufactured and commercially available bed or integrated bed attachments that are specifically designed to facilitate safe human restraint.

(E) Restraint Chair--A professionally manufactured and commercially available restraint apparatus specifically designed for safe human restraint. The device restrains a subject in an upright, sitting position by restricting the subject's extremities, upper leg area, and torso with soft restraints. The apparatus may be fixed or wheeled for relocation.

(F) Waist Belt--A cloth, leather, or metal band designed to be fastened around the waist and used to secure the arms to the sides or front of the body.

(G) Wristlets--A cloth or leather band designed to be fastened around the wrist that may be secured to a waist belt or used in a non-ambulatory mechanical restraint.

(3) Approved Chemical Restraint Device--A professionally manufactured and commercially available defense spray containing Oleoresin Capsicum (i.e., OC pepper spray) that has been approved by TJJD for use as allowed by this chapter.

(4) Chemical Restraint--The application of a chemical agent on one or more residents.

(5) Detention Supervisor--Regardless of title, the certified juvenile supervision officer serving as the assistant to the shift supervisor during the current shift.

(6) Dorm Supervisor--Regardless of title, the highest ranking certified juvenile supervision officer assigned to a dorm during the current shift.

(7) Four-Point Restraint--The use of approved mechanical restraint devices on each of a resident's wrists and ankles to secure the resident in a supine position to a restraint bed.

(8) Mechanical Restraint--The application of an approved mechanical restraint device.

(9) Non-Ambulatory Mechanical Restraint--A method of prohibiting a resident's ability to stand upright and walk with the use of a combination of approved mechanical restraint devices, cuffing techniques, and the subject's body positioning. The four-point restraint and restraint chair are examples of acceptable non-ambulatory mechanical restraints.

(10) Personal Restraint--The application of an approved personal restraint technique.

(11) Physical Escort--Touching or holding a resident with a minimum use of force for the purpose of directing the resident's movement from one place to another. A physical escort is not considered a personal restraint.

(12) Protective Devices--Professionally manufactured devices used for the protection of residents or staff that do not restrict the movement of a resident. Protective devices are not considered mechanical restraint devices.

(13) Reasonable Belief--A belief that would be held by a similarly trained staff considering the facts and circumstances known by the actor at the time of the incident.

(14) Restraint--The application of an approved personal restraint technique, an approved mechanical restraint device, or a chemical agent to a resident so as to restrict the individual's freedom of movement.

(15) Riot--A situation in which three or more persons in the facility intentionally participate in conduct that constitutes a clear and present danger to persons or property and substantially obstructs the performance of facility operations or a program therein. Rebellion is a form of riot.

(16) Security Personnel--Staff persons whose primary responsibility is to patrol the facility and respond to security-related incidents.

(17) Serious Bodily Injury--An injury that creates a substantial risk of death, serious permanent disfigurement, or extended loss or impairment of the function of any bodily member or organ.

(18) Shift Supervisor--The highest-ranking certified juvenile supervision officer below the facility administrator working at the facility during the current shift.

(19) Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices or in conjunction with a restraint bed or restraint chair. These devices are designed to reduce the incidence of skin, nerve, and muscle damage to the subject's extremities.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600793

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING

The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC, Part 11, §344.100, Definitions; §344.300, Criminal History Checks; §344.400, Disqualifying Criminal History; §344.430, Arrest or Conviction of Currently Certified or Employed Individuals; §344.690, Credit for Training Hours for Military Service Members, Spouses, and Veterans; and §344.864, Certification Renewal Process, without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8506). These rules will not be republished. TJJD also adopts new 37 TAC, Part 11, §344.350, Non-Criminal History Background Checks, with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8506). This rule will be republished. TJJD also adopts new §344.360, Review of Applicant's Prior History, without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8506). This rule will not be republished.

SUMMARY OF CHANGES

Amendments to §344.100 include adding definitions of direct contact with a juvenile and search engine for multi-agency reportable conduct (SEMARC).

Amendments to §344.300 include adding that criminal history checks must be done for those who may have direct contact with a juvenile in a juvenile justice facility and who is an employee, volunteer, intern, or individual providing goods or services under contract on the premises of a juvenile justice facility or program.

Amendments to §344.400 include: 1) adding that a person convicted of or placed on deferred adjudication for conviction for an offense under §§21.02. 22.011, 22.021, or 25.05, Penal Code, is prohibited from holding any position that allows direct contact with a juvenile; 2) specifying this does not apply retroactively to those certified before the effective date of the changes unless the certification expires; and 3) modifying language related to inapplicability dates.

Amendments to §344.430 include: 1) clarifying that a police report must be provided as soon as practicable when reporting an arrest, in addition to any other information available; and 2) adding that, in addition to removing a person from unsupervised access to juveniles, those with direct contact with juveniles must also be removed if convicted or placed on deferred adjudication.

Amendments to §344.690 include: 1) modifying language regarding certification for military service members, military veterans, and military spouses eligible for certification if they hold a current license in another state, to be consistent with changes to Chapter 55, Occupations Code; 2) adding that the military provisions apply to a juvenile probation officer certification; 3) adding a requirement for the applicant seeking certification under this section to provide the statutorily required documents; 4) adding a requirement for TJJD to maintain a list of states with similar-in-scope licenses and to post the information on its website, as provided in Chapter 55, Occupations Code; and 5) adding a requirement for TJJD to maintain a record of each complaint made against military service members, military veterans, and military spouses certified under this section, as provided in Chapter 55, Occupations Code

Amendments to §344.864 include adding a requirement to provide verification that a SEMARC check was conducted no earlier than 14 days before a certification renewal application was submitted and that the person did not appear in a search result

New §344.350 and §344.360 modify and republish information contained in the previous versions of §§344.350, 344.360, and 344.370, which are simultaneously adopted for repeal.

Key additions and revisions to §344.350 include: 1) reorganizing existing criminal background check requirements and adding that they also apply to any person who may have direct contact with a juvenile; 2) adding a requirement to conduct checks using the soon-to-be implemented SEMARC for all persons in positions requiring certification or otherwise having direct contact with or unsupervised access to a juvenile; 3) specifying that, if a person is found in TJJD's registry, the person may not be placed in the position; 4) requiring subsequent checks when certification is renewed or, for those without a certification, every two years, consistent with the statutory requirement to establish in rule a requirement for periodic search queries of existing employees and others who have contact with juveniles; 5) adding a requirement to conduct an employment verification, as required by new Chapter 811, Health and Safety Code, for any person who may have unsupervised access to or direct contact with a juvenile in a facility, for the purpose of determining whether the person has a history of harassment in the workplace or abuse, neglect, or exploitation of a child or member of another vulnerable population; 6) establishing that, if employment verification reveals that a person engaged in physical or sexual abuse of a child constituting the offenses of continuous sexual abuse of a young child or disabled individual, sexual assault, aggravated sexual assault, or prohibited sexual conduct, even if not convicted, the person is prohibited from having direct contact with a juvenile in a facility; 7) establishing that, if employment verification reveals that a person engaged in harassment in the workplace or any other type of abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population, the person is prohibited from having direct contact with a juvenile in a facility; 8) establishing that, even though the employment verification check is only required for people who will provide services in a facility, it is required before any person may do so, even if the person is already serving in a role that required the other checks; 9) modifying the current requirement to conduct a check related to a required self-disclosure form related to a history of abuse, neglect, exploitation, or mistreatment and certain actions on a certification to provide that portions of the disclosed history that have been checked through SEMARC or the employment verification check do not need to be duplicated; and 10) adding a requirement that all verifications under this section be performed using the person's current name and all former names, establishing requirements to maintain records, and adding a requirement to report to TJJD discrepancies between what the person reports and what is discovered through the background checks.

In addition, several sentences throughout §344.350 have been changed from the passive voice to the active voice.

Key additions and revisions to §344.360 include providing additional information on the review process by the juvenile board or designee, to include the purpose of the review and the use of a form promulgated by TJJD, which must be maintained.

PUBLIC COMMENTS

TJJD received no public comments on the proposed rulemaking actions.

SUBCHAPTER A. DEFINITIONS AND APPLICABILITY

37 TAC §344.100

STATUTORY AUTHORITY

The amended section is adopted under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600795

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

SUBCHAPTER C. CRIMINAL HISTORY AND BACKGROUND CHECKS

37 TAC §§344.300, 344.350, 344.360

STATUTORY AUTHORITY

The new and amended sections are adopted under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

No other statute, code, or article is affected by this adoption.

§344.350. Non-Criminal History Background Checks.

(a) Checks Using TJJD's Certification System.

(1) A department or facility must use TJJD's certification system before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, to verify that the person:

(A) has not had a TJJD certification revoked;

(B) has not been designated as ineligible for certification by TJJD;

(D) is not currently ineligible to take the certification exam due to repeated failures to pass the exam as described in §344.700 of this chapter.

(2) A person who has had a TJJD certification revoked, has been designated as ineligible for TJJD certification, or is currently under an order of active suspension issued by TJJD may not hold a position that requires certification or that allows for direct contact with a juvenile or have direct, unsupervised access to a juvenile in a juvenile facility or program. The person is not eligible for a review under §344.360 of this chapter.

(3) A person who is currently ineligible to take the certification exam may not hold a position that requires certification. The person is not eligible for a review under §344.360 of this chapter.

(b) Checks Using the Search Engine for Multi-Agency Reportable Conduct (SEMARC).

(1) A department or facility must use the search engine for multi-agency reportable conduct (SEMARC) before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, to determine if the person has been included in any do-not-hire or similar registry of TJJD or the other participating state agencies.

(2) A person who is included in TJJD's registry is not eligible for certification and is not eligible to serve in a position in which the person may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile. The person is not eligible for review under §344.360 of this chapter.

(3) A person who is included in the registry of any other SEMARC-participating agency is not eligible for certification and is not eligible to serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.

(4) The department or facility must conduct a SEMARC check as part of the certification renewal process for each person with a certification. The department or facility must conduct a SEMARC check every two years for all persons who do not have a TJJD certification. The department or facility must immediately remove a person who appears in any agency's registry, except for those previously reviewed and approved under §344.360 of this chapter, from having any contact with juveniles and must immediately notify TJJD's certification office of the SEMARC result. TJJD will conduct a review and determine if it will take action on the certification or, if the person is not certified, if it will take action to make the person ineligible for certification. The person may not return to a position having any contact with juveniles until TJJD informs the department or facility that such is permissible.

(5) As provided by Chapter 810, Health and Safety Code, authorized users may use SEMARC only for the purpose of making decisions about certification, employment, or other service. Information received through SEMARC is confidential and excepted from disclosure under Chapter 552, Government Code.

(1) A facility must conduct an employment verification with all previous employers, which includes contacting the previous employers, to the extent possible, in accordance with Chapter 811, Health and Safety Code, before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position in a facility that may be placed in direct contact with a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter.

(2) The purpose of the employment verification is to determine if the person was terminated or otherwise disciplined for conduct that included harassment in the workplace or abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population or, if the employer is one that serves children or other vulnerable populations, if any of the criteria in subsection (d)(1) of this section exist.

(3) If the employment verification reveals that a person engaged in physical or sexual abuse of a child constituting an offense under §21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), §22.011 (Sexual Assault), §22.021 (Aggravated Sexual Assault), or §25.02 (Prohibited Sexual Conduct), Penal Code, even if not convicted, the person is not eligible to serve in any position in a facility that may be placed in direct contact with a juvenile. The person is not eligible for a review under §344.360 of this chapter.

(4) A person is not eligible for certification and may not serve in a position in a facility that may allow the person to be placed in direct contact with a juvenile if the employment verification reveals that a person engaged in harassment in the workplace or any other type of abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population or that any of the criteria in subsection (d)(1) of this section exist unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.

(5) The employment verification under this section applies only to individuals who will provide services in a facility. However, the employment verification is required before any person may begin service in a facility in a role described in paragraph (1) of this subsection, even if the person is already serving in a role not in a facility that required the other checks and verifications in this chapter.

(d) Self-Disclosure Form and Checks.

(1) A department or facility, before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, must require the person to complete a form promulgated by TJJD that requires the applicant to disclose and provide additional information, if applicable, regarding whether the applicant ever:

(A) worked, contracted, volunteered, interned, or otherwise served at or held an occupational license with a child-serving entity or entity that serves other vulnerable populations, such as elderly persons, persons with disabilities, persons in mental health facilities, or persons who were incarcerated;

(B) had the employment, contract, volunteer, or other status suspended or terminated;

(D) had a finding of abuse, neglect, exploitation, or mistreatment made against the applicant; or

(E) had the applicant's name placed on a do-not-hire or similar registry with an entity that provides services to or regulation of services for children or members of other vulnerable populations.

(2) Except as provided by paragraph (3) of this subsection, the department or facility must, to the extent possible, contact all entities identified on the form completed in accordance with paragraph (1) of this subsection and verify whether or not the person's history includes one or more of the criteria in paragraph (1)(B) - (E) of this subsection.

(3) The department of facility does not have to contact entities that are identified on the form if the entity is a state agency with a registry that is searchable through SEMARC or is an entity that is contacted as part of the employment verification check required under subsection (c) of this section.

(4) The person is not eligible for certification and may not serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile if the check indicates that the person's history includes on or more of the criteria in paragraph (1)(B) - (E) unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.

(e) Rules of General Applicability.

(1) The person(s) conducting all checks and verifications required by this subsection must do so using the applicant's current name and all prior names.

(2) The person(s) conducting each check or verification required by this section, with the exception of a search using SEMARC, must maintain a written record of the check or verification, to include the name of the person(s) conducting the check or verification, the date the check or verification was conducted, and the information received as a result of the check or verification, to include the name of each person who provided such information. SEMARC search histories will automatically be created in the system.

(3) The department or facility must report to TJJD any discrepancies revealed between any check or verification conducted under this chapter and the information the person reported regarding the person's history. A person's failure to accurately disclose the information requested on the form referenced in subsection (a) of this section is considered a violation of the Code of Ethics and may result in termination of service in the position, denial of certification, designation of ineligibility for certification, and/or revocation of certification.

(4) If the department or facility wishes to select the person despite the history, a review must be requested as provided in §344.360 of this chapter, if such a review is allowable based on the history. The person may not be hired or otherwise approved to serve in a position until the review process is completed and the outcome is a determination that the person will not be prevented from being certified or from serving in the position, as applicable.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600796

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

SUBCHAPTER D. DISQUALIFYING CRIMINAL HISTORY

37 TAC §344.400, §344.430

STATUTORY AUTHORITY

The amended sections are adopted under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600797

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

SUBCHAPTER E. TRAINING AND CONTINUING EDUCATION

37 TAC §344.690

STATUTORY AUTHORITY

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600798

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

SUBCHAPTER G. CERTIFICATION

37 TAC §344.864

STATUTORY AUTHORITY

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600799

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130

CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING

SUBCHAPTER C. CRIMINAL HISTORY AND BACKGROUND CHECKS

37 TAC §§344.350, 344.360, 344.370

The Texas Juvenile Justice Department (TJJD) adopts the repeal of 37 TAC, Part 11, §344.350, Background Checks; §344.360, Disclosure and Review of Applicant's Prior History; and §344.370, Review by TJJD Regarding Eligibility for Certification, without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8515). The rules will not be republished.

SUMMARY OF REPEAL

The repeal of §344.350 and §344.360 allows the content to be revised and republished as new §344.350 and §344.360. The repeal of §344.370 allows the substance of the section to be moved to new §344.360.

PUBLIC COMMENTS

TJJD received no public comments on the proposed rulemaking action.

STATUTORY AUTHORITY

The repeals are adopted under the following: 1) Chapter 810, Health and Safety Code (as added by SB 1849, 89th Legislature, Regular Session), which clarifies the rules requiring a search engine for multi-agency reportable conduct; 2) Chapter 811, Health and Safety Code (as added by HB 3153, 89th Legislature, Regular Session), which institutes requirements for certain facilities to prevent physical and sexual abuse of children; 3) Chapter 55, Occupations Code (as amended by HB 5629 and SB 1818, 89th Legislature, Regular Session), which clarifies the rules pertaining to the licensing of military service members, military veterans, and military spouses; 4) §221.002, Human Resources Code, which requires the board to adopt rules to govern juvenile boards, probation departments, probation officers, programs, and facilities; and 5) §221.002(a)(3), Human Resources Code, which requires the board to adopt reasonable rules that provide appropriate educational, training, and certification standards for juvenile probation and detention officers and court-supervised community-based program personnel.

No other statute, code, or article is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 19, 2026.

TRD-202600794

Kaci Singer

Deputy General Counsel

Texas Juvenile Justice Department

Effective date: April 1, 2026

Proposal publication date: December 26, 2025

For further information, please call: (512) 490-7130