(a) Qualifications for Employment.
  (1) Short-Term Juvenile Detention Officers and Supervisors of Short-Term Juvenile Detention Officers.
    (A) An applicant for the position of a short-term juvenile detention officer, or supervisor of short-term juvenile detention officers shall be at least 21 years of age; and
    (B) have either a high school diploma or a general equivalency diploma from a high school or issuing authority within the United States of America. An applicant with a high school diploma issued in a foreign country or who completed high school under home schooling may be hired contingent upon a successful validation of the applicant's high school diploma or high school education under subparagraph (C) of this paragraph.
    (C) Validation of High School Diploma or High School Education:
      (i) Method of Validation. An applicant with a foreign high school diploma, or who received a high school education through home schooling shall validate his/her high school diploma within 3 months from the applicant's date of hire using one of the following methods:
        (I) obtaining unconditional acceptance into a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
        (II) receiving a general equivalency diploma;
        (III) obtaining evaluation of their high school diploma as the equivalent to a high school diploma received within the United States of America by an educational evaluation service approved by the Commission; and
        (IV) providing documentation of the conferral of a bachelor's or master's degree from a university or college accredited by an accrediting organization approved by the Texas Higher Education Coordinating Board.
      (ii) A short-term detention officer subject to subparagraph (C) of this paragraph who fails to validate his/her high school education within the three month time frame shall not be the sole supervisor of residents under §351.5(a)(2) of this title, nor count toward meeting the supervision ratio under §351.5(b) of this title.
  (2) Facility Administrator. An applicant for the position of facility administrator shall:
    (A) have a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and
    (B) have either:
      (i) one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology; or
      (ii) have one year of experience in full-time casework, counseling, community group work in criminal justice or a related field.
    (C) If necessary, and in accordance with Title 37 Texas Administrative Code §341.39, the juvenile board, or chief administrative officer shall apply to the Commission for an exemption of the one year of experience or graduate study prior to the employment of an individual as the facility administrator.
(b) Criminal Records Check. Prior to employing a person as a short-term juvenile detention officer, supervisor of short-term juvenile detention officers, or facility administrator, the facility administrator, chief administrative officer, juvenile board or their designee shall initiate a criminal history check in accordance with the following guidelines:
  (1) The following criminal history checks shall be conducted:
    (A) a Texas criminal history background search (TCIC);
    (B) a local law enforcement sex offender registration records check in the city or county where the applicant resides; and
    (C) a Federal Bureau of Investigation fingerprint based criminal history background search (NCIC).
  (2) In addition to the requirements of paragraph (1) of this subsection, if the applicant currently resides in one of the following states, or resided in one of the following states within the 10 years prior to the date the employment application was made, a state criminal history background search and state sex offender registration check shall also be conducted where available:
    (A) Hawaii;
    (B) Kansas;
    (C) Kentucky;
    (D) Louisiana;
    (E) Maine;
    (F) Massachusetts;
    (G) New Hampshire;
    (H) Rhode Island;
    (I) Tennessee;
    (J) Vermont; and
    (K) the District of Columbia.
  (3) An Internet based criminal background search shall not be used to conduct the background searches required under subsection (b)(1)(A) or subsection (b)(1)(C) of this section.
  (4) A copy of the returned criminal history checks shall be retained in the facility's records.
  (5) Continued employment shall be contingent upon the completion and return of criminal history checks that show the individual has no disqualifying criminal history in accordance with §351.30(c)(1) of this title.
(c) Disqualification from Employment.
  (1) Criminal History. A person with the following criminal history shall be disqualified from employment as a short-term juvenile detention officer, supervisor of juvenile detention officers, or administrative officer.
    (A) a felony conviction against the laws of this state, another state, or the United States within the past 10 years;
    (B) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past 10 years;
    (C) current felony probation or parole;
    (D) a jailable misdemeanor conviction against the laws of this state, another state or the United States within the past 5 years;
    (E) a deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past 5 years;
    (F) current misdemeanor probation or parole; or
    (G) registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure
    (H) Waiver/Variance. A request for waiver or variance under §349.200 of this title may not be requested for any Class A misdemeanor or felony under this section unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by a trial or appellate court.
  (2) Revocations and Suspensions. An individual whose certification has been revoked by the Commission shall never qualify for employment as a juvenile detention officer, supervisor of detention officers or administrative officer.
    (A) An individual whose certification is currently under a suspension order issued as a result of a disciplinary action pursuant to Chapter 349 of this title shall not qualify for employment as a juvenile detention officer, supervisor of juvenile detention officers, or administrative officer so long as the suspension order remains in effect.
    (B) An individual whose certification is currently under a mandatory suspension order issued as a result of failure to pay child support pursuant to §349.385 of this title shall not qualify for employment as a juvenile detention officer, supervisor of juvenile detention officers, or administrative officer until the Commission receives an order issued under Texas Family Code §232.013 staying or vacating the license suspension.
(d) Applicability. This section applies to all individuals hired on or after the effective date of this subchapter.

Source Note: The provisions of this §351.30 adopted to be effective September 1, 2003, 28 TexReg 2953; amended to be effective June 12, 2005, 30 TexReg 3435; amended to be effective September 1, 2010, 35 TexReg 7081