Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998 Page: 3,657
3631-3764 p. ; 28 cm.View a full description of this periodical.
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(b) The PIE Program Specialist shall forward the requested
information from the participating agencies/entities to the CJPC upon
receipt.
245.41. Program Compliance.
(a) Agencies/entities shall develop policies and procedures
and an audit plan to monitor their specific cost accounting centers for
compliance with State and Federal law and guidelines.
(1) Compliance monitoring reports, including a proposed
corrective action plan for areas of non-compliance, shall be submitted
to the Private Sector Prison Industries Oversight Authority (the
Authority) through the PIE Program Specialist.
(2) The Authority shall review the reports and determine
the appropriateness of the indicated corrective action plan. Significant
or continuing non-compliance may result in the un-designation of the
cost accounting center.
(b) Additionally, participating agencies/entities shall submit
the following documentation.
(1) Quarterly - Utilizing a Calendar Year (January to
December).
(A) Facilities and industry partners shall submit the
PIE Quarterly Statistical Report to their responsible agency/entity.
The agency/entity shall review the report for accuracy and forward it
to the PIE Program Specialist by the tenth working day of the end of
the quarter.
(B) The PIE Program Specialist shall review the report
for completeness and accuracy, and produce a combined report of all
cost accounting centers. The combined report shall be forwarded to
the Authority and Bureau of Justice Assistance.
(2) Annually - As Determined by the Oversight Authority.
(A) Agencies/entities, facilities and industry partners
shall submit prevailing wage verification information, as required
by 245.21 of this title (relating to Prevailing Wages and Non-
displacement of Workers), to the Authority, through the PIE Program
Specialist, within thirty working days of notification.
(B) Participating agencies/entities, facilities and indus-
try partners shall submit proof of worker' s compensation or equivalent
coverage to the Authority through the PIE Program Specialist within
ten working days of notification.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on March 30,
1998.
TRD-9804421
Carl Reynolds
General Counsel
Private Sector Prison Industries Oversight Authority
Earliest possible date of adoption: May 10, 1998
For further information, please call: (512) 463-9693
Part XI. Texas Juvenile Probation Com-
missionChapter 349. Standards for Child Abuse and Ne-
glect Investigations in Secure Juvenile Facilities
The Texas Juvenile Probation Commission proposes new
349.101- 349.119 and 349.501- 349.508, concerning
child abuse and neglect investigations in secure juvenile
facilities. The standards provide uniform procedures for investi-
gating allegations of child abuse and neglect, and they identify
whom and under what circumstances the Texas Juvenile
Probation Commission (TJPC) may disclose information made
confidential under 261.201 of the Texas Family Code.
Lisa Capers, Deputy Executive Director and General Counsel,
has determined that for the first five year period the standards
are in effect there will be no fiscal implications for state or local
government as a result of enforcing or administering the new
standards.
Ms. Capers has also determined that for each year of the
first five years the new standards are in effect, the public
benefit anticipated as a result of enforcement will be to ensure
prompt and proper investigation of alleged child abuse or
neglect in secure juvenile facilities. There are no anticipated
economic costs to persons who are required to comply with
these standards as proposed. There will be no effect on small
businesses.
Comments on the proposed standards may be submitted to
Maribeth Powers at the Texas Juvenile Probation Commission,
P. O. Box 13547, Austin, Texas 78711.
Subchapter A. Intake, Investigation, and Assess-
ment
37 TAC 349.101-349.119
The standards are proposed under 261.401(b) of the Family
Code and 141.042 of the Texas Human Resource Code,
which provides the Texas Juvenile Probation Commission with
the authority to adopt reasonable rules, including those which
provide uniform procedures for investigating child abuse and
neglect and which provide minimum standards for juvenile
boards.
No other code or article is affected by these new standards.
349.101. Terminology Used in Statutory Definitions of Child Abuse
and Neglect and Person Responsible for a Child's Care, Custody, or
Wel are.
When the Texas Juvenile Probation Commission (TJPC) receives and
investigates reports of child abuse and neglect, the commission applies
the statutory definitions of "abuse," "neglect," and "person responsible
for a child' s care, custody, or welfare" that appear in the Texas Family
Code 261.001. The following paragraphs clarify and define words
and phrases that occur in those definitions.
(1) Absent parent. A parent who is not primarily
responsible for the child's care on an ongoing basis because of a
divorce, separation, incarceration, or for some other reason.
(2) Accident. An unforeseen event that causes or
threatens physical injury despite prudent efforts to avoid the risk of
injury.
(3) "Causing, permitting, encouraging, engaging in, or
allowing the photographing." A condition of the statutory definition
of sexual abuse. It is met whether or not the child participates
voluntarily.PROPOSED RULES April 10, 1998 23 TexReg 3657
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Texas. Secretary of State. Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998, periodical, April 10, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113834/m1/27/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.