(a) Purpose. The purpose of this rule is to establish the Texas Juvenile Justice Department's (TJJD's) zero-tolerance policy for any form of sexual abuse, sexual harassment, or sexual activity involving youth in the agency's care. This rule also addresses TJJD's obligations under federal Prison Rape Elimination Act (PREA) standards for preventing, detecting, and responding to sexual abuse and sexual harassment.
(b) Applicability. Unless stated otherwise, this rule applies to all residential facilities operated by TJJD or under contract with TJJD.
(c) Definitions.
  (1) Exigent Circumstances--any set of temporary and unforeseen circumstances that require immediate action to combat a threat to the security or institutional order of a facility.
  (2) Residential Facilities--high restriction facilities and medium restriction facilities as defined in §380.8527 of this title.
  (3) Sexual Abuse--includes sexual abuse of a youth by another youth or sexual abuse of a youth by a staff member, contractor, or volunteer.
  (4) Sexual Abuse of a Youth by Another Youth--includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:
    (A) contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
    (B) contact between the mouth and the penis, vulva, or anus;
    (C) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
    (D) any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.
  (5) Sexual Abuse of a Youth by a Staff Member, Contractor, or Volunteer--includes any of the following acts, with or without consent of the youth:
    (A) contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
    (B) contact between the mouth and the penis, vulva, or anus;
    (C) contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
    (D) penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
    (E) any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
    (F) any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in subparagraphs (A) - (E) of this paragraph;
    (G) any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a youth; and
    (H) voyeurism by a staff member, contractor, or volunteer.
  (6) Sexual Activity--includes any form of sexual misconduct, as defined in §380.9503 of this title, that does not meet the definition of sexual abuse.
  (7) Sexual Harassment--includes:
    (A) repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one youth directed toward another; and
    (B) repeated verbal comments or gestures of a sexual nature to a youth by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.
  (8) Voyeurism--an invasion of a youth's privacy by a staff member, contractor, or volunteer for reasons unrelated to official duties, such as:
    (A) peering at a youth who is using a toilet in his or her cell to perform bodily functions;
    (B) requiring a youth to expose his or her buttocks, genitals, or breasts; or
    (C) taking images of all or part of a youth's naked body or of a youth performing bodily functions.
(d) General Provisions.
  (1) It is the policy of TJJD to ensure that any form of conduct that meets the definition of sexual abuse, sexual activity, or sexual harassment, regardless of consensual status, is strictly prohibited. Such conduct, if confirmed, will result in administrative disciplinary action and may result in criminal prosecution.
  (2) It is the policy of TJJD to comply with all applicable PREA-related standards adopted by the U.S. Department of Justice.
(e) Prevention Planning.
  (1) PREA Coordinator and PREA Compliance Managers.
    (A) TJJD designates an upper-level staff member as the agency-wide PREA coordinator. This staff member's duties must be structured to allow sufficient time and authority to develop, implement, and oversee agency efforts to comply with PREA standards in all TJJD-operated residential facilities.
    (B) TJJD designates a PREA compliance manager at each TJJD-operated residential facility. This staff member's duties must be structured to allow sufficient time and authority to coordinate the facility's efforts to comply with PREA standards.
  (2) Contracting with Other Entities for Confinement of Youth. In all new or renewed contracts for residential placement of TJJD youth, TJJD includes a clause requiring the contractor to adopt and comply with applicable PREA standards.
  (3) Youth Supervision and Monitoring.
    (A) Staffing Plans.
      (i) Each TJJD-operated residential facility develops and implements a written staffing plan to provide adequate levels of staffing and video monitoring to protect youth against sexual abuse.
      (ii) Deviations from the staffing plan are permitted only during limited and discrete exigent circumstances. The facility documents each deviation and the reason for the deviation.
      (iii) At least once each year, the division director over residential services, in consultation with the TJJD PREA coordinator, reviews and documents whether any adjustments are needed to each TJJD-operated facility's:
        (I) staffing plan;
        (II) prevailing staffing patterns;
        (III) deployment of video monitoring systems and other monitoring technologies; and
        (IV) resources available to ensure adherence to the staffing plan.
    (B) Staff Ratios. Each TJJD-operated high restriction facility maintains staff ratios in accordance with §380.9955 of this title.
    (C) Unannounced Rounds.
      (i) At each TJJD-operated high restriction facility, a staff member with management responsibilities conducts and documents unannounced rounds to identify and deter sexual abuse and sexual harassment. The unannounced rounds must be conducted at least twice per month on each shift.
      (ii) At each TJJD-operated medium restriction facility, a staff member with management responsibilities conducts and documents unannounced rounds to identify and deter sexual abuse and sexual harassment. The unannounced rounds must be conducted at least once per month on each shift.
      (iii) Staff members are prohibited from notifying other staff members that unannounced rounds are occurring, unless such notification is related to the legitimate operational functions of the facility.
  (4) Limits to Cross-Gender Viewing and Searches.
    (A) TJJD maintains restrictions and limitations on cross-gender searches in accordance with §380.9709 of this title.
    (B) TJJD does not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth's genital status. The status may be determined during conversations with the youth, by reviewing medical records, or as part of a broader medical examination conducted in private by a medical practitioner.
    (C) In TJJD-operated residential facilities, staffing patterns and physical barriers are implemented to enable youth to shower, perform bodily functions, and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine room checks.
    (D) In TJJD-operated residential facilities, staff who are not the same gender as the youth must announce their presence when entering:
Cont'd...