(a) Purpose. The purpose of this rule is to provide protection for victims or potential victims of youth with a high or moderate need for sexual behavior treatment.
(b) Applicability. This rule applies to youth who have been assessed as having a high or moderate need for sexual behavior treatment in accordance with §380.8751 of this title.
(c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.
  (1) Family--the family members who live in the designated home placement, including the victim or potential victim(s).
  (2) Victim--a person who, as the result of the sexual offense, suffers a pecuniary loss, personal injury, or harm.
  (3) Potential Victim--a person who has a demographic profile similar to the victim or who has a profile that triggers the youth's deviant or abusive sexual arousal patterns.
  (4) High or Moderate Need for Sexual Behavior Treatment--see definition in §380.8751 of this title.
(d) Criteria for Family Reintegration. Before approving a youth's return to a home where a victim or potential victim resides, the Texas Juvenile Justice Department:
  (1) verifies that the parole officer has completed a home evaluation, parole individual case plan, conditions of parole, and a checklist that identifies strategies to minimize risk factors associated with sexual re-offending;
  (2) contacts the Texas Department of Family and Protective Services to determine whether there is an open or closed Child Protective Service (CPS) case and considers any concerns of CPS staff related to the victim or other vulnerable children in the home;
  (3) if the victim is in treatment, notifies the victim's therapist that the youth is returning to the home where the victim resides and considers any concerns raised by the therapist regarding the youth's return; and
  (4) verifies that the youth has demonstrated sufficient progress in treatment to be ready to return home as evidenced by:
    (A) completion of the highest stage in the agency's rehabilitation program; and/or
    (B) completion of the assigned sexual behavior treatment program; and/or
    (C) participation in the development and presentation to the family of a safety and family reintegration plan that contains specific plans to cope with high-risk situations.

Source Note: The provisions of this §380.8791 adopted to be effective August 19, 2002, 27 TexReg 7546; amended to be effective April 25, 2004, 29 TexReg 3801; amended to be effective November 1, 2011, 36 TexReg 7351; 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