State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-10-juvenile-boards-juvenile-probation-departments-and-family-services-offices > Chapter-142-juvenile-probation-departments-and-personnel

HUMAN RESOURCES CODE

TITLE 10. JUVENILE BOARDS, JUVENILE PROBATION DEPARTMENTS, AND

FAMILY SERVICES OFFICES

SUBTITLE A. JUVENILE PROBATION SERVICES

CHAPTER 142. JUVENILE PROBATION DEPARTMENTS AND PERSONNEL

Sec. 142.001. DEFINITION. In this chapter, "juvenile probation

services" means:

(1) services provided by or under the direction of a juvenile

probation officer in response to an order issued by a juvenile

court and under the court's direction, including:

(A) protective services;

(B) prevention of delinquent conduct and conduct indicating a

need for supervision;

(C) diversion;

(D) deferred prosecution;

(E) foster care;

(F) counseling;

(G) supervision; and

(H) diagnostic, correctional, and educational services; and

(2) services provided by a juvenile probation department that

are related to the operation of a preadjudication or

post-adjudication juvenile facility.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 7, eff.

Sept. 1, 1997.

Sec. 142.002. APPOINTMENT OF PERSONNEL AND SALARY. (a) A

juvenile board may, with the advice and consent of the

commissioners court, employ probation officers and

administrative, supervisory, stenographic, and other clerical

personnel necessary to provide juvenile probation services

according to the standards established by the Texas Juvenile

Probation Commission and the local need as determined by the

juvenile board.

(b) The juvenile board may, with the advice and consent of the

commissioners court, designate the titles of the employees and

set their salaries.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989.

Sec. 142.003. AUTHORITY TO CONTRACT FOR JUVENILE PROBATION

SERVICES. (a) In a county that does not have a sufficient

number of juvenile probation cases to justify a juvenile

probation department, the juvenile board or juvenile judge may

contract with:

(1) the county adult probation department to provide juvenile

probation services; or

(2) surrounding counties to form a multicounty juvenile

probation department.

(b) A juvenile board may contract with the Texas Youth

Commission for juvenile probation services.

(c) A juvenile board may contract with another political

subdivision of the state or a private vendor for juvenile

probation services.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 8, eff.

Sept. 1, 1997.

Sec. 142.004. JUVENILE PROBATION PERSONNEL. (a) A juvenile

probation officer or an employee of a juvenile probation

community service restitution program is not liable for damages

arising from an act or failure to act in connection with manual

labor performed by a child who has been placed on informal

adjustment or who has been adjudicated a delinquent child or a

child in need of supervision and the labor was performed as a

condition to probation ordered under Section 54.04(d)(1), Family

Code, and the act or failure to act was not intentional, wilfully

or wantonly negligent, or performed with conscious indifference

or reckless disregard for the safety of others.

(b) Juvenile probation personnel employed by a political

subdivision of the state are state employees for the purposes of

Chapter 104, Civil Practice and Remedies Code.

(c) A juvenile probation officer or an employee of a juvenile

probation community service restitution program is not liable for

damages arising from an act or failure to act by a juvenile

probation officer or an employee of a juvenile probation

community service restitution program in connection with manual

labor performed as a condition of probation ordered under Section

54.04(d)(1), Family Code, if the act or failure to act:

(1) was performed in an official capacity; and

(2) was not intentional, wilfully or wantonly negligent, or

performed with conscious indifference or reckless disregard for

the safety of others.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 6.02(a), eff. Sept.

1, 1989. Amended by Acts 1991, 72nd Leg., ch. 900, Sec. 4, eff.

Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 201, Sec. 6, eff. Aug.

30, 1993.

Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM

LIABILITY. (a) On the adoption of policies concerning the

administration of medication to juveniles by authorized

employees, the juvenile board and any authorized employee of a

program or facility operated by the juvenile board are not liable

for damages arising from the administration of medication to a

juvenile if:

(1) the program or facility administrator has received a written

request to administer the medication from the parent, legal

guardian, or other person having legal control over the juvenile;

and

(2) when administering prescription medication, the medication

appears to be in the original container and to be properly

labeled.

(b) This section does not apply to:

(1) damages arising from the administration of medication that

is not in accordance with the prescription issued by a medical

practitioner; or

(2) an act or omission of a person administering medication if

the act or omission is:

(A) reckless or intentional;

(B) done wilfully, wantonly, or with gross negligence; or

(C) done with conscious indifference or reckless disregard for

the safety of others.

Added by Acts 2001, 77th Leg., ch. 1297, Sec. 63, eff. Sept. 1,

2001.

Sec. 142.006. AUTHORIZATION TO CARRY FIREARM. (a) A juvenile

probation officer may carry a firearm in the course of the

officer's official duties if:

(1) the juvenile probation officer possesses a certificate of

firearms proficiency issued by the Commission on Law Enforcement

Officer Standards and Education under Section 1701.258,

Occupations Code;

(2) the chief juvenile probation officer of the juvenile

probation department that employs the juvenile probation officer

authorizes the juvenile probation officer to carry a firearm in

the course of the officer's official duties; and

(3) the juvenile probation officer has been employed for at

least one year by the juvenile probation department described by

Subdivision (2).

(b) A juvenile probation officer is disqualified from being

authorized to carry a firearm under this section if the officer

has been designated a perpetrator in a Texas Juvenile Probation

Commission abuse, neglect, or exploitation investigation.

(c) This section does not affect the sovereign immunity of the

state, an agency of the state, or a political subdivision of the

state.

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

794, Sec. 3, eff. June 19, 2009.

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-10-juvenile-boards-juvenile-probation-departments-and-family-services-offices > Chapter-142-juvenile-probation-departments-and-personnel

HUMAN RESOURCES CODE

TITLE 10. JUVENILE BOARDS, JUVENILE PROBATION DEPARTMENTS, AND

FAMILY SERVICES OFFICES

SUBTITLE A. JUVENILE PROBATION SERVICES

CHAPTER 142. JUVENILE PROBATION DEPARTMENTS AND PERSONNEL

Sec. 142.001. DEFINITION. In this chapter, "juvenile probation

services" means:

(1) services provided by or under the direction of a juvenile

probation officer in response to an order issued by a juvenile

court and under the court's direction, including:

(A) protective services;

(B) prevention of delinquent conduct and conduct indicating a

need for supervision;

(C) diversion;

(D) deferred prosecution;

(E) foster care;

(F) counseling;

(G) supervision; and

(H) diagnostic, correctional, and educational services; and

(2) services provided by a juvenile probation department that

are related to the operation of a preadjudication or

post-adjudication juvenile facility.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 7, eff.

Sept. 1, 1997.

Sec. 142.002. APPOINTMENT OF PERSONNEL AND SALARY. (a) A

juvenile board may, with the advice and consent of the

commissioners court, employ probation officers and

administrative, supervisory, stenographic, and other clerical

personnel necessary to provide juvenile probation services

according to the standards established by the Texas Juvenile

Probation Commission and the local need as determined by the

juvenile board.

(b) The juvenile board may, with the advice and consent of the

commissioners court, designate the titles of the employees and

set their salaries.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989.

Sec. 142.003. AUTHORITY TO CONTRACT FOR JUVENILE PROBATION

SERVICES. (a) In a county that does not have a sufficient

number of juvenile probation cases to justify a juvenile

probation department, the juvenile board or juvenile judge may

contract with:

(1) the county adult probation department to provide juvenile

probation services; or

(2) surrounding counties to form a multicounty juvenile

probation department.

(b) A juvenile board may contract with the Texas Youth

Commission for juvenile probation services.

(c) A juvenile board may contract with another political

subdivision of the state or a private vendor for juvenile

probation services.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 8, eff.

Sept. 1, 1997.

Sec. 142.004. JUVENILE PROBATION PERSONNEL. (a) A juvenile

probation officer or an employee of a juvenile probation

community service restitution program is not liable for damages

arising from an act or failure to act in connection with manual

labor performed by a child who has been placed on informal

adjustment or who has been adjudicated a delinquent child or a

child in need of supervision and the labor was performed as a

condition to probation ordered under Section 54.04(d)(1), Family

Code, and the act or failure to act was not intentional, wilfully

or wantonly negligent, or performed with conscious indifference

or reckless disregard for the safety of others.

(b) Juvenile probation personnel employed by a political

subdivision of the state are state employees for the purposes of

Chapter 104, Civil Practice and Remedies Code.

(c) A juvenile probation officer or an employee of a juvenile

probation community service restitution program is not liable for

damages arising from an act or failure to act by a juvenile

probation officer or an employee of a juvenile probation

community service restitution program in connection with manual

labor performed as a condition of probation ordered under Section

54.04(d)(1), Family Code, if the act or failure to act:

(1) was performed in an official capacity; and

(2) was not intentional, wilfully or wantonly negligent, or

performed with conscious indifference or reckless disregard for

the safety of others.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 6.02(a), eff. Sept.

1, 1989. Amended by Acts 1991, 72nd Leg., ch. 900, Sec. 4, eff.

Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 201, Sec. 6, eff. Aug.

30, 1993.

Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM

LIABILITY. (a) On the adoption of policies concerning the

administration of medication to juveniles by authorized

employees, the juvenile board and any authorized employee of a

program or facility operated by the juvenile board are not liable

for damages arising from the administration of medication to a

juvenile if:

(1) the program or facility administrator has received a written

request to administer the medication from the parent, legal

guardian, or other person having legal control over the juvenile;

and

(2) when administering prescription medication, the medication

appears to be in the original container and to be properly

labeled.

(b) This section does not apply to:

(1) damages arising from the administration of medication that

is not in accordance with the prescription issued by a medical

practitioner; or

(2) an act or omission of a person administering medication if

the act or omission is:

(A) reckless or intentional;

(B) done wilfully, wantonly, or with gross negligence; or

(C) done with conscious indifference or reckless disregard for

the safety of others.

Added by Acts 2001, 77th Leg., ch. 1297, Sec. 63, eff. Sept. 1,

2001.

Sec. 142.006. AUTHORIZATION TO CARRY FIREARM. (a) A juvenile

probation officer may carry a firearm in the course of the

officer's official duties if:

(1) the juvenile probation officer possesses a certificate of

firearms proficiency issued by the Commission on Law Enforcement

Officer Standards and Education under Section 1701.258,

Occupations Code;

(2) the chief juvenile probation officer of the juvenile

probation department that employs the juvenile probation officer

authorizes the juvenile probation officer to carry a firearm in

the course of the officer's official duties; and

(3) the juvenile probation officer has been employed for at

least one year by the juvenile probation department described by

Subdivision (2).

(b) A juvenile probation officer is disqualified from being

authorized to carry a firearm under this section if the officer

has been designated a perpetrator in a Texas Juvenile Probation

Commission abuse, neglect, or exploitation investigation.

(c) This section does not affect the sovereign immunity of the

state, an agency of the state, or a political subdivision of the

state.

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

794, Sec. 3, eff. June 19, 2009.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-10-juvenile-boards-juvenile-probation-departments-and-family-services-offices > Chapter-142-juvenile-probation-departments-and-personnel

HUMAN RESOURCES CODE

TITLE 10. JUVENILE BOARDS, JUVENILE PROBATION DEPARTMENTS, AND

FAMILY SERVICES OFFICES

SUBTITLE A. JUVENILE PROBATION SERVICES

CHAPTER 142. JUVENILE PROBATION DEPARTMENTS AND PERSONNEL

Sec. 142.001. DEFINITION. In this chapter, "juvenile probation

services" means:

(1) services provided by or under the direction of a juvenile

probation officer in response to an order issued by a juvenile

court and under the court's direction, including:

(A) protective services;

(B) prevention of delinquent conduct and conduct indicating a

need for supervision;

(C) diversion;

(D) deferred prosecution;

(E) foster care;

(F) counseling;

(G) supervision; and

(H) diagnostic, correctional, and educational services; and

(2) services provided by a juvenile probation department that

are related to the operation of a preadjudication or

post-adjudication juvenile facility.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 7, eff.

Sept. 1, 1997.

Sec. 142.002. APPOINTMENT OF PERSONNEL AND SALARY. (a) A

juvenile board may, with the advice and consent of the

commissioners court, employ probation officers and

administrative, supervisory, stenographic, and other clerical

personnel necessary to provide juvenile probation services

according to the standards established by the Texas Juvenile

Probation Commission and the local need as determined by the

juvenile board.

(b) The juvenile board may, with the advice and consent of the

commissioners court, designate the titles of the employees and

set their salaries.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989.

Sec. 142.003. AUTHORITY TO CONTRACT FOR JUVENILE PROBATION

SERVICES. (a) In a county that does not have a sufficient

number of juvenile probation cases to justify a juvenile

probation department, the juvenile board or juvenile judge may

contract with:

(1) the county adult probation department to provide juvenile

probation services; or

(2) surrounding counties to form a multicounty juvenile

probation department.

(b) A juvenile board may contract with the Texas Youth

Commission for juvenile probation services.

(c) A juvenile board may contract with another political

subdivision of the state or a private vendor for juvenile

probation services.

Added by Acts 1989, 71st Leg., ch. 352, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1394, Sec. 8, eff.

Sept. 1, 1997.

Sec. 142.004. JUVENILE PROBATION PERSONNEL. (a) A juvenile

probation officer or an employee of a juvenile probation

community service restitution program is not liable for damages

arising from an act or failure to act in connection with manual

labor performed by a child who has been placed on informal

adjustment or who has been adjudicated a delinquent child or a

child in need of supervision and the labor was performed as a

condition to probation ordered under Section 54.04(d)(1), Family

Code, and the act or failure to act was not intentional, wilfully

or wantonly negligent, or performed with conscious indifference

or reckless disregard for the safety of others.

(b) Juvenile probation personnel employed by a political

subdivision of the state are state employees for the purposes of

Chapter 104, Civil Practice and Remedies Code.

(c) A juvenile probation officer or an employee of a juvenile

probation community service restitution program is not liable for

damages arising from an act or failure to act by a juvenile

probation officer or an employee of a juvenile probation

community service restitution program in connection with manual

labor performed as a condition of probation ordered under Section

54.04(d)(1), Family Code, if the act or failure to act:

(1) was performed in an official capacity; and

(2) was not intentional, wilfully or wantonly negligent, or

performed with conscious indifference or reckless disregard for

the safety of others.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 6.02(a), eff. Sept.

1, 1989. Amended by Acts 1991, 72nd Leg., ch. 900, Sec. 4, eff.

Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 201, Sec. 6, eff. Aug.

30, 1993.

Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM

LIABILITY. (a) On the adoption of policies concerning the

administration of medication to juveniles by authorized

employees, the juvenile board and any authorized employee of a

program or facility operated by the juvenile board are not liable

for damages arising from the administration of medication to a

juvenile if:

(1) the program or facility administrator has received a written

request to administer the medication from the parent, legal

guardian, or other person having legal control over the juvenile;

and

(2) when administering prescription medication, the medication

appears to be in the original container and to be properly

labeled.

(b) This section does not apply to:

(1) damages arising from the administration of medication that

is not in accordance with the prescription issued by a medical

practitioner; or

(2) an act or omission of a person administering medication if

the act or omission is:

(A) reckless or intentional;

(B) done wilfully, wantonly, or with gross negligence; or

(C) done with conscious indifference or reckless disregard for

the safety of others.

Added by Acts 2001, 77th Leg., ch. 1297, Sec. 63, eff. Sept. 1,

2001.

Sec. 142.006. AUTHORIZATION TO CARRY FIREARM. (a) A juvenile

probation officer may carry a firearm in the course of the

officer's official duties if:

(1) the juvenile probation officer possesses a certificate of

firearms proficiency issued by the Commission on Law Enforcement

Officer Standards and Education under Section 1701.258,

Occupations Code;

(2) the chief juvenile probation officer of the juvenile

probation department that employs the juvenile probation officer

authorizes the juvenile probation officer to carry a firearm in

the course of the officer's official duties; and

(3) the juvenile probation officer has been employed for at

least one year by the juvenile probation department described by

Subdivision (2).

(b) A juvenile probation officer is disqualified from being

authorized to carry a firearm under this section if the officer

has been designated a perpetrator in a Texas Juvenile Probation

Commission abuse, neglect, or exploitation investigation.

(c) This section does not affect the sovereign immunity of the

state, an agency of the state, or a political subdivision of the

state.

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

794, Sec. 3, eff. June 19, 2009.


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