HUMAN RESOURCES CODE
CHAPTER 63. RESIDENTIAL FACILITIES FOR CERTAIN DELINQUENT CHILDREN
§ 63.001. DEFINITIONS. In this chapter:
(1) "Juvenile" means a person from the age of 10 to 18
years who has been found to have engaged in delinquent conduct by a
court of competent jurisdiction.
(2) "Facility" means a residential facility for the
placement of juveniles for periods up to one year in length.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.002. AUTHORIZATION TO OPERATE FACILITY. A county
or a combination of counties may, and they are hereby authorized to,
elect to own, establish, operate, and staff a long-term residential
facility for the detention of juvenile offenders.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.003. NATURE OF FACILITY. The facility is an agency
of the state, a governmental unit, and a unit of local government as
defined and specified by Chapters 101 and 102, Civil Practice and
Remedies Code, and a local government as defined by Section 3, The
Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas
Civil Statutes).
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.004. BOARD OF TRUSTEES; SINGLE COUNTY
FACILITY. The facility shall be governed by a board of trustees.
The board of trustees for a facility created by a single county may
be the commissioners court of the forming county, or the
commissioners court may appoint from the qualified voters of the
region to be served a board of trustees consisting of no less than
five nor more than nine persons. If the board of trustees is
appointed from the qualified voters of the region to be served, the
terms of the members thereof shall be staggered by appointing not
less than one-third nor more than one-half of the members for one
year, or until their successors are appointed, and by appointing
the remaining members for two years, or until their successors are
appointed. Thereafter, all appointments shall be made for a
two-year period, or until their successors are appointed.
Appointments made to fill unexpired terms shall be for the period of
the unexpired term, or until a successor is appointed.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.005. BOARD OF TRUSTEES; COMBINATION OF COUNTIES
FACILITY. A facility created by a combination of counties shall be
governed by a board of trustees. Such board of trustees shall
consist of not less than five nor more than nine members selected
from the commissioners court of such counties, or such
commissioners court may jointly appoint a board of trustees from
among the qualified voters of the region to be served in the manner
described above.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.006. MEETINGS. The board of trustees shall make
rules to govern the holding of regular and special meetings. All
meetings of the board of trustees shall be open to the public to the
extent required by and in accordance with the general law of this
state requiring meetings of governmental bodies to be open to the
public. Should the board of trustees discuss any juvenile either in
residence in the facility, being transferred to the facility, or
who has formerly been a resident of the facility, such discussion
shall be conducted in closed session, and such discussion, or any
record thereof, shall not be open to the public.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.007. QUORUM. A majority of the membership of the
board of trustees shall constitute a quorum for the transaction of
business.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.008. ADMINISTRATION OF FACILITY. The board of
trustees is responsible for the administration of the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.009. POLICIES. The board of trustees shall develop
policies consistent with the rules, regulations, and standards of
the Texas Juvenile Probation Commission.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.010. STANDARDIZATION OF QUALIFICATIONS FOR
PERSONNEL POSITIONS. The board of trustees shall standardize
qualifications for personnel positions in the community center
consistent with those established by the Texas Juvenile Probation
Commission.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.011. ADVISORY COMMITTEES. The board of trustees
may appoint advisory committees to advise the board on matters
relating to the administration of the facility. No such committee
shall consist of less than five members, and the appointment of such
committees shall not relieve the board of trustees of final
responsibility and accountability as provided in this chapter.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.012. EXECUTIVE DIRECTOR. The board of trustees
shall appoint an executive director for the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.013. POWERS OF EXECUTIVE DIRECTOR. The executive
director shall have the powers delegated by and be subject to the
policy direction of the board of trustees.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.014. PERSONNEL. The board of trustees or the
director may employ and train personnel for the administration of
the various programs and services of the facility. The employee
shall be provided the appropriate rights, privileges, and benefits
available to the employees of the governing bodies that establish
the facility. The board of trustees is authorized to provide
workers' compensation benefits in the manner provided by Chapter
504, Labor Code.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 9.64, eff. Sept. 1,
1995.
§ 63.015. CONTRIBUTION OF PROPERTY AND FUNDS BY
COUNTIES. Each county participating in the creation of the
facility may contribute lands, buildings, personnel, and funds for
the administration of the various programs and services of the
facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.016. ACCEPTANCE OF GIFTS, GRANTS, AND
DONATIONS. The board of trustees of the facility may accept gifts,
grants, and donations of money, personal property, and real
property for use in the administration of its programs and
services.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.017. SINGLE COUNTY FACILITY; ACQUISITION OF REAL
PROPERTY; RULES FOR ADMISSION OF JUVENILES; RATE OF
CHARGES. (a) In the instance of a facility formed by a single
county, the commissioners court of the creating county may acquire,
through gift, purchase, condemnation, or any other method, real
property for the purpose of locating a facility on such property.
Such property may be acquired outside of the boundaries of the
creating county if, in the opinion of the commissioners court of the
forming county, there will exist a demand for the services to be
provided by the facility in the county in which the facility is to
be located in addition to any need which may already exist within
the boundaries of the creating county.
(b) The board of trustees for a facility created by a single
county shall establish rules and regulations for the admission of
juveniles into the facility from other than the forming county.
Such rules may allow that the forming county shall have priority in
the placement of its juveniles into the facility. The board may
establish a rate of charges to be paid by the county of origin of the
juvenile being placed into the facility, and such rates may be
reduced for those juveniles being admitted from the county which
created the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.018. COMBINATION OF COUNTIES FACILITY; ACQUISITION
OF REAL PROPERTY; RULES FOR ADMISSION OF JUVENILES; RATE OF
CHARGES. (a) In the instance of a facility being created by two
or more counties, the commissioners courts of the forming counties
may acquire, by gift, purchase, condemnation, or other means, real
property for the purpose of locating the facility on such property.
The method of acquisition and the amount of cost sharing between
those counties shall be negotiated among the forming counties and
reduced to contract. Such property to be acquired shall be situated
within the boundaries of any one of the creating counties.
(b) The board of trustees for a facility created by an
organizational component of two or more counties shall establish
rules and regulations for the admission of juveniles who are
residents of other than the creating counties. The board may
establish a rate of charges to be paid by the county of origin of the
juvenile being placed into the facility, and those rates may be
reduced for juveniles being admitted from a county that was part of
the organizational component that created the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.019. RULES REGULATING ADMINISTRATION OF
SERVICES. The board of trustees may make rules consistent with
those promulgated by the Texas Juvenile Probation Commission and
the policies, principles, and standards provided in this Act to
regulate the administration of services by the facility to the
juveniles placed into the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.020. SERVICES PROVIDED. The board of trustees will
provide at least the following services to a juvenile who is placed
into the facility:
(1) Education. Upon admission into the facility, the
juvenile will be tested to determine his educational level, and a
program of instruction consistent with the juvenile's educational
level shall be developed to educate the juvenile. Education shall
be given to each juvenile admitted in the facility consistent with
the standards set forth by the Texas Juvenile Probation Commission.
(2) Counseling. Upon admission into the facility, the
juvenile shall be examined by a trained psychologist or
psychiatrist to determine if the juvenile would benefit from a
program of counseling. At the completion of such examination, the
findings of the psychologist or psychiatrist shall be forwarded to
the director in the form of a recommendation that counseling be
given to the juvenile, along with a program of counseling to be
adhered to by the staff of the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.021. LIST OF SERVICES. The board of trustees of
the facility shall devise a list of services that it will offer to
each juvenile who is placed into the facility for the use by the
court in making its determination as to whether the juvenile would
benefit by admission into the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.022. RESEARCH; RECRUITMENT AND TRAINING OF
PERSONNEL. The facility may engage in research and in recruitment
and training of personnel in support of its programs and services
and may make contracts for those purposes.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.023. FEES. The board of trustees for the facility
may charge reasonable fees to cover costs for services provided,
except where prohibited by other service contracts or by law.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.024. PAYMENT OF FEES BY COUNTY. In collecting fees
for the treatment rendered juveniles, the director will bill
directly that county in which the juvenile resided prior to his
admission to the facility. The county that receives such a bill
from the director must pay that bill within 45 days of its receipt.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.025. JUVENILES RESIDING IN ANOTHER COUNTY. The
board of trustees may provide that juveniles who reside outside the
boundaries of a county that participated in the formation of the
facility may be admitted to the facility. However, the charges to
the county of residence of the juvenile may be billed at a rate
higher than that charged to a county that participated in the
formation of the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.026. ADMISSION OF JUVENILE UPON COURT ORDER. A
juvenile may be admitted upon the order of a court of competent
jurisdiction that finds that the juvenile has engaged in delinquent
conduct and is in need of supervision or is experiencing a
dysfunctional home environment and will benefit from placement in
the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.027. LENGTH OF TIME OF JUVENILE'S RESIDENCE. The
court will include in its order the length of time that the juvenile
will reside in the facility, which will not exceed a period of one
year. At the conclusion of the one-year period, the court will make
a determination as to whether the juvenile will benefit from
further residence within the facility. The court may then order the
juvenile to be placed into the facility for additional time not to
exceed one year.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
§ 63.028. MODIFICATION OF ORDER BY COURT. The court may
modify any order by which a juvenile is placed in the facility upon
recommendation of the director of the facility.
Added by Acts 1989, 71st Leg., ch. 564, § 1, eff. Aug. 28, 1989.
