ORDER NO. 29363
APPOINT BOARD OF TRUSTEES FOR KERR COUNTY JUVENILE
DETENTION FACILITY
Came to be heard this the 12th day of September, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
approved by record vote of 4-0-0 to:
Appoint Commissioners Court as members for the Board of Trustees for
oversight of the Kerr County Juvenile Detention Facility, as provided for in
Human Resources Code, Title 3, of the State of Texas.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2
MEETING DATE: September 12, 2005 TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss and take appropriate action to
Appoint a Boazd of Directors for oversight of the Ken County Juvenile Detention
Facility, as provided for in Human Resources Code, Title 3, Facilities and Services for
Children, Chapter 63. Residential Facilities for certain Delinquent Children, Pazagraph
63.004. Board of Trustees; Single County Facility.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams.
ESTIMATED LENGTH OF PRESENTATION: 10 Minutes.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes towazd your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
Agenda Item Backup Statement
The Texas Human Resources Code, Title 3, Chapter 63, Pazagraph 63.004
provides for the appointment of a governance board to oversee the operational and fiscal
matters for a Single County Juvenile Detention Facility.
The Code provides that a Board of Trustees shall govern a Single County Juvenile
Detention Facility.
The Code states that the Board may be the Commissioners' Court or in the
alternative, the Commissioners' Court may appoint from qualified voters of the region to
serve on said Boazd of Trustees. The size of the Board of Trustees can be not less than
five (5) or more than nine (9) persons. Said Boazd shall be responsible for the
administration of the facility, and shall develop policies consistent with the rules,
regulations and standards of the Texas Juvenile Probation Commission.
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Westiaw
Page 1
Effective: [See Text Amendments)
Vemon's Texas Statutes and Codes Annotated Currentness
Human Resources Code (Refs & Annos)
Title 3. Facilities and Services for Children
":a Subtitle A. Facilities for Children
~ Chapter 63. Residential Facilities for Certain Delinquent Children
§ 63.001. DeSnitions [FNl]
In this chapter:
(1) "Juvenile" means a person from the age of 10 to 18 years who has been found to have engaged to delinquent
conduct by a court of competent jurisdiction.
(2) "Facility" means a residential facility for the placement ofjuveniles for periods up to one year in length.
[FNl] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.002. Authorization to Operate Facility [FNl]
A county or a combination of counties may, and they are hereby authorized to, elect to own, establish, operate, and
staff along-term residential facility for [he detention ofjuvenile offenders.
[FN1] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.003. Nature of Facility [FNl ]
The facility is an agency of the state, a governmental unit, and a unit of local government as defined and specified
by Chapters 101 and 102, Civil Practice and Remedies Code, and a local government as defined by Section 3, The
Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).
[FN 1 ] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.004. Board of Trustees; Single Couuty Facility [FNl]
The facility shall be governed by a board of trustees. The board of trustees for a facility created by a single county
may be the commissioners court of the forming county, or the commissioners court may appoint from the qualified
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voters of the region [o be served a board of trustees consisting of no less than five nor more than nine persons. If
the board of trustees is appointed from the qualified voters of the region to be served, the terms of the members
thereof shall be staggered by appointing not less than one-third nor more than one-half of the members for one
yeaz, or until their successors are appointed, and by appointing the remaining members for two years, or until their
successors are appointed. Thereafter, all appointments shall be made for atwo-year period, or until [heir
successors are appointed. Appointments made to fill unexpired tears shall be for the period of the unexpired term,
or until a successor is appointed.
[FN1] Section heading editorially supplied.
Effective: See Text Amendments]
§ 63.005. Board of Trustees; Combination of Counties Facility [FNl]
A facility created by a combination of counties shall be governed by a board of trustees. Such board of trustees
shall consist of not less than five nor more than nine members selected from [he commissioners court of such
counties, or such commissioners court may jointly appoint a board of trustees from among the qualified voters of
the region to be served in the manner described above.
[FNl] Section heading editorially supplied.
Effective: See Text Amendments
§ 63.006. Meetings [FNl]
The board of trustees shall make rules to govern the holding of regular and special meetings. All meetings of the
boazd of tmstees shall be open to the public to the extent required by and in accordance with the general law of this
state requiring meetings of governmental bodies to be open to the public. Should the boazd of trustees discuss any
juvenile either in residence in the facility, being transferred to the facility, or who has formerly been a resident of
the facility, such discussion shall be conducted in closed session, and such discussion, or any record thereof, shall
not be open to the public.
[FN1] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.007. Quorum [FNl]
A majority of the membership of the board of trustees shall constitute a quorum for [he transaction of business.
[FNl] Section heading editorially supplied.
Effective: [See Text Amendments)
§ 63.008. Administration of Facility (FNl]
The board of trustees is responsible for the administration of the facility.
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[FNI] Section heading editorially supplied.
Effective: [See Text Amendments)
§ 63.009. Policies [FN1J
The board of trustees shall develop policies consistent with the rules, regulations, and standards of the Texas
Juvenile Probation Commission.
[FN 1 ] Section heading editorially supplied.
Effective: See Texf Amendments)
§ 63.010. Standardization of Qualifications for Personnel Positions [FNl]
The board of trustees shall standardize qualifications for personnel positions in the community center consistent
with those established by the Texas Juvenile Probation Commission.
[FN1] Section heading editorially supplied.
Effective: [See Tex[ Amendments
§ 63.011. Advisory Committees (FNI]
The board of trustees may appoint advisory committees to advise the board on matters relating to the
administration of the facility. No such committee shall consist of less than five members, and the appointment of
such committees shall not relieve the board of trustees of final responsibility and accountability as provided in this
chapter.
[FN1] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.012. Executive Director (FNl)
The board of trustees shall appoint an executive director for the facility.
[FN 1] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.013. Powers of Executive Director [FNl]
The executive director shall have the powers delegated by and be subject to the policy direction of the board of
trustees.
[FN1] Section heading editorially supplied.
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Effective: See Text Amendments
§ 63.014. Personnel
The buard of trustees or the director may employ and train personnel for the administration of [he various programs
and services of the facility. The employee shall be provided the appropriate rights, privileges, and benefits
available to the employees of the governing bodies that establish the facility. The board of trustees is authorized to
provide workers' compensation benefits in the manner provided by Chapter 504, Labor Code.
Effective: See Text Amendments
§ 63.015. Contribution of Property and Funds by Counties [FNl J
Each county participating in the creation of the facility may contribute lands, buildings, personnel, and funds for
the administration of the various programs and services of the facility.
[FN 1 ] Section heading editorially supplied.
Effective: [See Text Amendments
§ 63.016. Acceptance of Gifts, Grants, and Donations [FNl]
The board of trustees of the facility may accept gifts, grants, and donations of money, personal property, and real
property for use in the administration of its programs and services.
[FN 1 ]Section heading editorially supplied.
Effective: [See Text Amendments)
.~ § 63.017. Single County Facility; Acquisition of Real Property; Rules for Admission of Juveniles; Rate of
Charges ~FNl]
(a) In the instance of a facility formed by a single county, the commissioners court of the creating county may
acquire, through gift, purchase, condemnation, or any other method, real property for the purpose of locating a
facility on such property. Such property may be acquired outside of the boundaries of the creating county if, in [he
opinion of the commissioners court of the forming county, there wil] exist a demand for the services to be provided
by the facility in the county in which the facility is to be located in addition to any need which may already exist
within the boundaries of the creating county.
(b) The board of trustees for a facility created by a single county shall establish rules and regulations for the
admission of juveniles into the facility from other than the forming county Such rules may allow that the forming
county shall have priority in the placement of its juveniles into the facility. The board may establish a rate of
charges [o be paid by the county of origin of the juvenile being placed into [he facility, and such rates may be
reduced for those juveniles being admitted from the county which created the facility.
[FN1] Section heading editorially supplied.
Effective: [See Text Amendments
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§ 63.018. Combination of Counties Facility; Acquisition of Real Property; Rules for Admission of
Juveniles; Rate of Charges (FNl]
(a) In the instance of a facility being created by two or more counties, the commissioners courts of the forming
counties may acquire, by gift, purchase, condemnation, or other means, real property for the purpose of locating the
facility on such property The method of acquisition and the amount of cost sharing between those counties shall
be negotiated among the forming counties and reduced to contract. Such property to be acquired shall be situated
within the boundaries of any one of the creating counties.
(b) The board of trustees for a facility created by an organizational component of two or more counties shall
establish rules and regulations for the admission of juveniles who are residents of other than the creating counties.
The board may establish a rate of charges to be paid by the county of origin of the juvenile being placed into the
facility, and those rates may be reduced for juveniles being admitted from a county that was part of the
organizational component that created the facility.
[FNI] Section heading editorially supplied.
Effective: [See Text Amendments]

§ 63.0]9. Rules Regulating Administration of Services [FNl]
The board of trustees may make rules consistent with those promulgated by the Texas Juvenile Probation
Commission and the policies, principles, and standards provided in this Act to regulate [he administration of
services by the facility to the juveniles placed into the facility.
[FN1] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.020. Services Provided (FNl]
The board of trustees will provide at least the following services to a juvenile who is placed into the facility:
(1) Education. Upon admission into the facility, the juvenile will be tested to determine his educational level,
and a program of instruction consistent with the juvenile's educational level shall be developed to educate the
juvenile. Education shall be given to each juvenile admitted in the facility consistent with the standards set forth
by the Texas Juvenile Probatio» Commission.
(2) Counseling. Upon admission into the facility, the juvenile shall be examined by a trained psychologist or
psychiatrist to determine if the juvenile would benefit from a program of counseling. At the completion of such
examination, the findings of the psychologist or psychiatrist shall be forwazded to the director in the form of a
recommendation that counseling be given to the juvenile, along with a program of counseling to be adhered to by
the staff of the facility.
[FNlj Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.021. List of Services [FNl]
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The board of trustees of the facility shall devise a list of services that it will offer to each juvenile who is placed
into the facility for the use by the court in making its determination as to whether the juvenile would benefit by
admission into the facility.
[FN1] Section heading editorially supplied.
Effective: [See Text Amendments)
§ 63.022. Research; Recruitment and Training of Personnel [FNl]
The facility may engage in research and in recruitment and training of personnel in support of its programs and
services and may make contracts for those purposes.
[FN 1 ] Section heading editorially supplied.
Effective: [See Text Amendments]
§ 63.023. Fees [FNl]
The board of trustees for the facility may charge reasonable fees to cover costs for services provided, except where
prohibited by other service contracts or by law.
[FN1] Section heading editorially supplied.
Effective: (See Text Amendments]
§ 63.024. Payment of Fees by County [FNl]
In collecting fees for the treatment rendered juveniles, the director will bill directly [hat county in which the
juvenile resided prior to his admission to the facility. The county that receives such a bill from the director must
pay that bill within 45 days of its receipt.
[FN1] Section heading editorially supplied.
Effective: (See Text Amendments]
§ 63.025. Juveniles Residing in Another County [FNl]
The board of trustees may provide that juveniles who reside outside the boundaries of a county that participated in
the formation of [he facility may be admitted to the facility. However, the charges to the county of residence of the
juvenile may be billed at a rate higher than that charged to a county that participated in the formation of the facility.
[FN 1] Section heading editorially supplied.
Effective: (See Text Amendments]
§ 63.026. Admission of Juvenile Upon Court Order [FNl]
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A juvenile may be admitted upon the order of a court of competent jurisdiction that fords that the juvenile has
engaged in delinquent conduct and is in need of supervision or is experiencing a dysfunctional home environment
and will benefit from placement in the facility.
[FN]] Section heading editorially supplied.
Effective: See Text Amendments)
§ 63.027. Length of Time of Juvenile's Residence JFNI ]
The court will include in its order the length of time that [he juvenile will reside in the facility, which will not
exceed a period of one year. At the conclusion of the one-year period, the court will make a determination as to
whether the juvenile will benefit from further residence within the facility. The court may then order the juvenile to
be placed into the facility for additional time not to exceed one year.
[FN1] Section heading editorially supplied.
Effective: )See Text Amendments)
§ 63.028. Modification of Order by Court JFNI ]
The court may modify any order by which a juvenile is placed in the facility upon recommendation of the director
of the facility.
[FN 1 ]Section heading editorially supplied.
Current through Chapters effective immediately through Ch. 290 of the 2005 Regular Session of the 79th
Legislature
END OF DOCUMENT
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