The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Alleged Victim--A juvenile alleged as being a victim of abuse, exploitation or neglect.

(2) Attempted Suicide--Any action a resident takes that could result in taking his or her own life voluntarily and intentionally while detained or placed in a short-term detention facility.

(3) Chemical Agents--Oleorsin Capsicum (OC) pepper spray, or Orthoclhorobenzalmalonoitrile (tear gas).

(4) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department or a multi-county juvenile judicial district.

(5) Commission--The Texas Juvenile Probation Commission.

(6) Contraband--Any item not issued to employees for the performance of their duties and which employees have not obtained supervisory approval to possess. Contraband also includes any item given to a resident by an employee or other individual, which a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to: (A) firearms; (B) knives; (C) ammunition; (D) drugs; (E) intoxicants; (F) pornography; and (G) any unauthorized written or verbal communication brought into or taken from an institution for a resident, former resident, associate of or family members of a resident.

(7) Design Capacity--The number of people that can safely occupy a building or space as determined by the original architectural design and any building modifications, licensing, accreditation, regulatory authorities, and building codes.

(8) Facility Administrator--Individual designated by the Chief Administrative Officer or juvenile board, as the on-site program director or superintendent of a short-term detention facility.

(9) Health Care Professional--Practitioner licensed or certified by: (A) the Texas Board of Nurse Examiners; (B) the Texas Board of Medical Examiners; (C) the State Board of Physician Assistants; or (D) the Texas Department of Health.

(10) Mental Health Professional--Practitioner licensed or certified by: (A) the Texas State Board of Examiners of Professional Counselors; (B) the Texas State Board of Examiners of Marriage and Family Therapists; (C) the Texas Department of Health; (D) the Texas Commission on Alcohol and Drug Abuse; (E) the Texas State Board of Examiners of Psychologists; and (F) the Texas Board of Social Worker Examiners provided the licensure is either as an advanced practitioner or advanced clinical practitioner; (G) the Texas State Board of Medical Examiners; or (H) mental health professionals employed by the Texas Department of Mental Health and Mental Retardation or an entity that contracts as a service provider with the Texas Department of Mental Health and Mental Retardation.

(11) Primary Control Room--A restricted or secure area from which entrance into and exit from a secure facility is controlled. The primary control room also contains the emergency, monitoring, and communications systems and is staffed 24 hours each day that residents are in the facility.

(12) Resident--A juvenile or other individual that has been admitted into a short-term detention facility.

(13) Short-Term Detention--The temporary secure custody of a juvenile or other individual pending the first hearing to be conducted under Texas Family Code §54.01.

(14) Short-Term Detention Facility ("Facility")--A facility used to provide temporary secure custody of a juvenile or other individual pending the first detention hearing to be conducted under Texas Family Code §54.01.

(15) Short-Term Detention Officer--A person whose primary responsibility is the supervision of the daily activities of the short-term detention facility's residents.

(16) TJPC Standard Screening Tool--An instrument approved by the Commission that screens the juvenile's needs in the area of mental health.

Source Note: The provisions of this §351.1 adopted to be effective September 1, 2003, 28 TexReg 2953