(a) The following duties and responsibilities may be performed only by certified juvenile probation officers, except as allowed by subsection (b) of this section:

(1) recommending a disposition in formal court proceedings;

(2) providing final approval of written social history reports;

(3) acting as the primary supervising officer for court-ordered and deferred prosecution cases;

(4) acting as the primary supervising officer in a collaborative supervision agreement under Family Code §51.075;

(5) developing and implementing case plans in accordance with Subchapter E of this chapter;

(6) conducting intake interviews and preliminary investigations and making release decisions under Family Code §53.01 unless another staff member is designated to do so by the juvenile board;

(7) taking a child into custody as authorized by Family Code §§52.01(a)(4), 52.01(a)(6), or 52.015;

(8) serving as the designated inter-county transfer officer and performing the duties required by Family Code §51.072;

(9) referring a child to a local mental health or mental retardation authority as required by Family Code §54.0408; and

(10) providing to the juvenile and to the juvenile's parent, guardian, or custodian a written explanation of the process of sealing juvenile records and a copy of Family Code Chapter 58, Subchapter C-1.

(b) An individual hired as a juvenile probation officer who is not yet certified as a juvenile probation officer may perform the duties under subsection (a) of this section only if the individual has:

(1) not exceeded the deadline for submitting a certification application established by Chapter 344 of this title;

(2) completed a minimum of 40 hours of training, which must include the mandatory exam topics required in Chapter 344 of this title; and

(3) passed the certification exam for juvenile probation officers.

Source Note: The provisions of this §341.400 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective February 1, 2018, 42 TexReg 5684; amended to be effective April 1, 2019, 44 TexReg 712