(a) Purpose. The purpose of this rule is to provide limitations and clinical oversight for the use of clinical polygraph examinations in the treatment of sex offenders.
(b) General Provisions.
  (1) The Texas Juvenile Justice Department approves the use of clinical polygraph examinations for certain selected youth admitted to the agency's Sexual Behavior Treatment Program (SBTP). Use of the clinical polygraph is strictly controlled and must be approved in each instance by qualified clinical professionals.
  (2) All polygraphs are administered:
    (A) by a licensed polygraph examiner in accordance with the state guidelines for clinical polygraph examination of sex offenders; and
    (B) in a setting that provides dignity and privacy for the youth to the extent possible.
  (3) A youth may be considered for a polygraph if the youth:
    (A) has been adjudicated for a sexual offense;
    (B) has been admitted to the SBTP and has completed the initial SBTP evaluation; and
    (C) is not making progress in the treatment program.
  (4) A youth will not be considered for a polygraph if the youth:
    (A) is self-abusive;
    (B) is suicidal;
    (C) has been diagnosed with a major psychiatric disorder such as psychosis, major depression, or bipolar disorder; or
    (D) is younger than age 14.

Source Note: The provisions of this §380.8789 adopted to be effective December 16, 1999, 24 TexReg 10371; amended to be effective April 25, 2004, 29 TexReg 3801; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257