2005 Texas Human Resources Code CHAPTER 142. JUVENILE PROBATION DEPARTMENTS AND PERSONNEL


HUMAN RESOURCES CODE
CHAPTER 142. JUVENILE PROBATION DEPARTMENTS AND PERSONNEL
§ 142.001. DEFINITION. In this chapter, "juvenile probation services" means: (1) services provided by or under the direction of a juvenile probation officer in response to an order issued by a juvenile court and under the court's direction, including: (A) protective services; (B) prevention of delinquent conduct and conduct indicating a need for supervision; (C) diversion; (D) deferred prosecution; (E) foster care; (F) counseling; (G) supervision; and (H) diagnostic, correctional, and educational services; and (2) services provided by a juvenile probation department that are related to the operation of a preadjudication or post-adjudication juvenile facility. Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, § 7, eff. Sept. 1, 1997. § 142.002. APPOINTMENT OF PERSONNEL AND SALARY. (a) A juvenile board may, with the advice and consent of the commissioners court, employ probation officers and administrative, supervisory, stenographic, and other clerical personnel necessary to provide juvenile probation services according to the standards established by the Texas Juvenile Probation Commission and the local need as determined by the juvenile board. (b) The juvenile board may, with the advice and consent of the commissioners court, designate the titles of the employees and set their salaries. Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989. § 142.003. AUTHORITY TO CONTRACT FOR JUVENILE PROBATION SERVICES. (a) In a county that does not have a sufficient number of juvenile probation cases to justify a juvenile probation department, the juvenile board or juvenile judge may contract with: (1) the county adult probation department to provide juvenile probation services; or (2) surrounding counties to form a multicounty juvenile probation department. (b) A juvenile board may contract with the Texas Youth Commission for juvenile probation services. (c) A juvenile board may contract with another political subdivision of the state or a private vendor for juvenile probation services. Added by Acts 1989, 71st Leg., ch. 352, § 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1394, § 8, eff. Sept. 1, 1997. § 142.004. JUVENILE PROBATION PERSONNEL. (a) A juvenile probation officer or an employee of a juvenile probation community service restitution program is not liable for damages arising from an act or failure to act in connection with manual labor performed by a child who has been placed on informal adjustment or who has been adjudicated a delinquent child or a child in need of supervision and the labor was performed as a condition to probation ordered under Section 54.04(d)(1), Family Code, and the act or failure to act was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others. (b) Juvenile probation personnel employed by a political subdivision of the state are state employees for the purposes of Chapter 104, Civil Practice and Remedies Code. (c) A juvenile probation officer or an employee of a juvenile probation community service restitution program is not liable for damages arising from an act or failure to act by a juvenile probation officer or an employee of a juvenile probation community service restitution program in connection with manual labor performed as a condition of probation ordered under Section 54.04(d)(1), Family Code, if the act or failure to act: (1) was performed in an official capacity; and (2) was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others. Added by Acts 1989, 71st Leg., ch. 1100, § 6.02(a), eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 900, § 4, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 201, § 6, eff. Aug. 30, 1993. § 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM LIABILITY. (a) On the adoption of policies concerning the administration of medication to juveniles by authorized employees, the juvenile board and any authorized employee of a program or facility operated by the juvenile board are not liable for damages arising from the administration of medication to a juvenile if: (1) the program or facility administrator has received a written request to administer the medication from the parent, legal guardian, or other person having legal control over the juvenile; and (2) when administering prescription medication, the medication appears to be in the original container and to be properly labeled. (b) This section does not apply to: (1) damages arising from the administration of medication that is not in accordance with the prescription issued by a medical practitioner; or (2) an act or omission of a person administering medication if the act or omission is: (A) reckless or intentional; (B) done wilfully, wantonly, or with gross negligence; or (C) done with conscious indifference or reckless disregard for the safety of others. Added by Acts 2001, 77th Leg., ch. 1297, § 63, eff. Sept. 1, 2001.

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