(a) Policy. The Texas Juvenile Justice Department (TJJD) uses an objective system to assess the threat of harm posed by a youth to others and a youth's potential vulnerabilities to make housing and supervision assignments.
(b) Applicability. This rule applies to high and medium restriction TJJD-operated facilities.
(c) Definitions. Safe Housing Assessment--an instrument designed to determine the appropriate housing assignment at a youth's assigned facility and the level of supervision for an individual youth. The assessment considers factors including, but not limited to, the following:
  (1) evidence-based criminogenic factors in a youth's history that indicate level of risk to others;
  (2) age and physical stature of youth;
  (3) potential vulnerability to sexual victimization or likelihood of sexually aggressive behavior;
  (4) gender non-conforming appearance or manner, or identification as lesbian, gay, bisexual, transgender, or intersex (LGBTI); and
  (5) special needs including medical needs, suicide risk, disabilities, mental health, or other placement concerns.
(d) General Provisions.
  (1) Each facility establishes a written housing plan that describes the housing levels allowed, staffing requirements, security level, and programming schedule of each housing unit.
  (2) TJJD conducts a safe housing assessment for each youth upon arrival at the orientation and assessment unit, prior to facility transfer, and at the initial permanent placement. Safe housing assessments are conducted at specified intervals thereafter, and may be conducted at any time as indicated by youth needs, serious incidents, or facility security needs.
  (3) Youth are assigned to housing units based on the results of the safe housing assessment. Placement within the housing unit may also be determined by the results of the safe housing assessment.
  (4) Unless it is determined necessary to ensure youth safety, a youth 14 years of age or younger may not be assigned to the same dormitory as a youth 17 years of age or older.
  (5) Male and female youths may not occupy the same sleeping room.
  (6) LGBTI youth must not be placed in a particular housing unit, bed, or other program assignment based solely on the basis of such identification or status.
  (7) Unless otherwise approved on a case-by-case basis by the division director over residential services or his/her designee, youth who have a reportable adjudication for a sex offense, as defined in Chapter 62, Code of Criminal Procedure, are assigned to an open bay dorm with direct line-of-sight supervision or a single-occupant room.

Source Note: The provisions of this §380.8524 adopted to be effective August 1, 2009, 34 TexReg 4916 transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127