ORDER NO. 29659
MODIFY OR CHANGE STATUS OF KERR COUNTY JUVENILE
FACILITY
Came to be heard this the 24th day of April, 2006, with a motion made by
Commissioner Williams, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Discontinue operation of the Kerr County Juvenile Detention Facility under
Chapter 63 of the Human Resources Code and change to an operation under
Commissioners' Court under Chapter 62 of the Human Resources Code.
~,~5
COMMISSIONERS' COURT AGENDA REOUEST
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PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: County Jud
MEETING DATE: Apri124, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to modify or change status of
Kerr County Juvenile Facility from a Facility operated pursuant to Chapter 63, Human
Resources Code to a status which is appropriate for a short term, pre-adjudication
juvenile detention facility.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
ESTIMATED LENGTH OF PRESENTATION:
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:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

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 will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
5:00 P.M. previous Tuesday.
In 2005, Commissioners' Court directed that the Kerr County Juvenile Facility would be
operated under the provisions of Chapter 63, Human Resources Code, with the members
of Commissioners' Court acting as a Board of Trustees. At that time Kerr County
Juvenile Facility was along-term post adjudication facility.
Recently, the Board of Trustees directed that the Kerr County Juvenile Facility be a
short-term pre-adjudication facility only.
Because Chapter 63 of the Human Resources Code appears to apply only to the operation
of a long-term facility, it seems that operation of a short-term pre-adjudication facility
under that Chapter is no longer appropriate and the basis of operation of the facility
changed to conform to a permissible organizational format or structure.
Page 2 of 3
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Effective: [See Text Amendments]
Vernon's Texas Statutes and Codes Annotated Currentness
Human Resources Code (Refs & Annos)
Title 3. Facilities and Services for Children
'Yr Subtitle A. Facilities for Children
-r Chapter 62. Detention Homes and Parental Schools
§ 62.001. Detention Homes and Parental Schools
(a) Any county may establish detention homes and pazental schools for juveniles. The commissioners court may
appropriate necessary funds from the general fund of the county to establish, equip, and maintain detention homes
and pazental schools for the juveniles of the county.
(b) Any county in which no detention home or parental school exists may appropriate funds necessary to pay for
the proper caze and training of its juveniles in the detention home or pazental school of any county that agrees to
receive the juveniles. The cost of the care shall be agreed on by the commissioners courts of the counties
concerned.
(c) If, in the opinion of the commissioners court, it is necessary to levy a special tax to establish and maintain a
detention home or pazental school or to pay for the caze and training of juveniles as provided by Subsection (b) of
this section, the commissioners court may hold a special election on the question of levying the tax. If a petition
signed by 10 percent of the qualified voters of the county is submitted requesting a special election, the
commissioners court shall hold the special election.
(d) All elections held under Subsection (c) of this section shall be governed by the general laws relating to
elections for the levy of special school taxes.
Effective: September Ol, 2001
§ 62.002. Multicounty Facilities
(a) The purpose of this section is to enable counties jointly to provide better probation services and detention and
diagnostic facilities for juveniles than the counties, acting singly, would be able to provide.
(b) The commissioners courts of two or more counties may enter into cooperative agreements to acquire, maintain,
and operate detention and diagnostic facilities for juveniles. The counties may maintain, improve, and operate the
property so acquired and all improvements thereon, and may sell or lease all or any part of the property and
improvements in accordance with the terms of the cooperative agreement. The counties may accept any donation
or gift made for the purpose of acquiring, maintaining, or operating the juvenile facilities.
(c) In accordance with the terms of the cooperative agreement, each county which is a party to the agreement may
issue the bonds of the county as provided by Chapter 1301, Government Code, for the purpose of acquiring,
maintaining, and operating the facilities for juveniles.
(d) The commissioners courts of two or more counties may enter into cooperative agreements to provide probation
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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services for juveniles. The cooperative agreement shall set forth in detail how the probation services aze to be
provided and fmanced.
Current through the end of the 2005 2nd Called Session of the 79th Legislature
END OF DOCUMENT
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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FAMILY CODE-TITLE 3
CHAPTER $7. GENERAL PROVISIONS
§§51 .7 15 - 5 7.7 2

(c) A person required under this section to attend
a hearing is entitled to reasonable written or oral notice
that includes a statement of the place, date, and time of
the hearing and that the attendance of the person is re-
quired. The notice maybe included with or attached to
any other notice required by [his chapter to be given the
person. Separate notice is not required fora disposi-
tion hearing that convenes on the adjournment of an
adjudication hearing. If a person required under this
section fails to attend a hearing, the juvenile court may
proceed with the hearing.
(d) A person who is required by Subsection (a) to
attend a hearing, who receives the notice of the hear-
ing, and who fails to attend the hearing may be pun-
ished by the court for contempt by a fine of not less than
$100 and not more than $1,000. In addition to or in lieu
of contempt, the court may order the person to receive
counseling or to attend an educational course on the
duties and responsibilities of parents and skills and
techniques in raising children.
Hismry of Fam ¢51.115: ANS 1995, 74th Leg., ch. 262. ¢l6, en. fan, 1,1996.
FAM §57.7 76. RIGHT TO
REEMPLOYMENT
(a) An employer may not terminate the employ-
ment of apermanent employee because the employee is
required under Section 51.115 to attend a hearing.
(b) An employee whose employment is terminated
in violation of this section is entitled to return to the
same employment that the employee held when notified
of the hearing if the employee, as soon as practical after
the hearing, gives the employer actual notice that the
employee intends to return.
(c) A person who is injured because of a violation
of this section is entitled to reinstatement to the per-
son's former position and [o damages, but the damages
may not exceed an amount equal to six months' com-
pensation at the rate at which the person was compen-
sated when required to attend the hearing.
(d) The injured person is also entitled to reason-
ableattorney's fees in an amount approved by the court.
(e) It is a defense to an action brought under this
section that the employer's circumstances changed
while the employee attended the hearing so that reem-
ploymentwas impossible or unreasonable. To establish
a defense under this subsection, an employer must
prove that the termination of employment was because
of circumstances other than the employee's attendance
at the hearing.
History of Pam §61.116: Acts 1995, 74th Leg., ch.262, ¢I6, en. Jan. 1, 1996.
FAM §Si.T2. PLACE & CONDITIONS
OF DETENTION
(a) Except as provided by Subsection (h), a child
maybe detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Article 45.058, Code of Criminal Procedure;
(3) certified juvenile detention facility that com-
plies with the requirements of Subsection (f);
(4) secure detention facility as provided by Subsec-
tion (j); or
(5) county jail or other facility as provided by Sub-
section (1).
(b) The proper authorities in each county shall pro-
vide asuitable place of detention for children who are
parties to proceedings under this title, but the juvenile
board shall control the conditions and teens of deten-
tion and detention supervision and shall permit visita-
tionwith the child at all reasonable times.
(c) In each county, each judge of the juvenile court
and a majority of the members of the juvenile board
shall personally inspect the juvenile pre-adjudication
secure detention facilities and any public or private ju-
venile secure correctional facilities used for post-adju-
dicationconfinementthat are located in the county and
operated under authority of the juvenile board at leas
annually and shall certify in writing to the authoritie
responsible for operating and giving financial support
[o the facilities and to the Texas Juvenile Probation
Commission [hat they are suitable or unsuitable for the
detention of children in accordance with:
(1) the requirements of Subsections (a), (f), and
(g); and
(2) minimum professional standards for the deten-
tion ofchildren inpre-adjudication orpost-adjudication
secure confinement promulgated by the Texas Juvenile
Probation Commission or, at the election of thejuvenite
board, the current standards promulgated by the Amer-
ican Correctional Association.
(d) Fxcept as provided bySubsections (j) and (n, a
child may not be placed in a facility that has not been cer-
titiedunder Subsection (c) as suitable for the detention
ofchildren and registered under Subsection (i). Except
as provided by Subsections (j) and (n, a child detained
in a facility that has not been certified under Subsection
(c) as suitable for the detention ofchildren or that has
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O'CONNOR'S FAMILY COOE 163
FAMILY CODE-TITLE 3
C NAPTER 51. GENERAL PROVISIONS
§51.12
not been registered under Subsection (i) shall be enti-
tled to immediate release from custody in that facility.
(e) If there is no certified place of detention in the
county in which [he petition is filed, the designated
place of detention may be in another county.
(f) A child detained in a building that contains a
jail, lockup, or other place of secure confinement, in-
cluding an alcohol or other drug treatment facility, shall
be separated bysight and sound from adults detained in
the same building. Children and adults aze separated
bysight and sound only if they are unable to see each
other and conversation between them is not possible.
The separation must extend to all areas of the facility,
including sally ports and passageways, and those areas
used for admission, counseling, sleeping, toileting,
showering, dining, recreational, educational, or voca-
tional activities, and health care. The separation may
be accomplished through architectural design.
(g) Except for a child detained in a juvenile pro-
cessing office, a place of nonsecure custody, a secure
detention facility as provided by Subsection (j), or a fa-
cility as provided by Subsection (n, a child detained in
a building that contains a jail or lockup may not have
any contact with:
(1) part-time or full-time security staff, including
management, who have contact with adults detained in
the same building; or
(2) direct-care staff who have contact with adults
detained in the same building.
(h) This section does not apply to a person:
(1) after transfer to criminal court for prosecution
under Section 54.02; or
(2) who is at least 17 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility operated by or
under contract with the Texas Youth Commission; or
(B) violated a condition of release under supervi-
sion of the Texas Youth Commission.
(i) Except for a facility operated or certified by the
Texas Youth Commission or a facility as provided by
Subsection (!), a governmental unit or private entity
that operates or contracts for the operation of ajuvenite
pre-adjudication secure detention facility or ajuvenite
post-adjudication secure correctional facility'sn this
state shall:
(1) register the facility annually with the Texas Ju-
enile Probation Commission; and

(2) adhere to all applicable minimum standards for
the facility.
(j) After being taken into custody, a child may be
detained in a secure detention facility until the child is
released under Section 53.01, 53.012, or 53.02 or until a
detention hearing is held under Section 54.01(a), re-
gardless of whether the facility has been certified under
Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into
custody;
(2) the detention facility complies with:
(A) the short-temt detention standards adopted by
the Texas Juvenile Probation Commission; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by
the countyjuvenile board for the county inwhich the fa-
cility islocated.
(k) If a child who is detained under Subsection (j)
or (!) is not released from detention at the conclusion
of the detention hearing for a reason stated in Section
54.01(e), the child may be detained after the hearing
only in a certified juvenile detention facility.
(n A child who is taken into custody and required
to be detained under Section 53.02(f) maybe detained
in a county jail or other facility until the child is re-
leasedunder Section 53.02(f) or until a detention hear-
ing is Held as required by Section 54.01(p), regardless
of whether the facility complies with the requirements
of this section, if:
(I) a certified juvenile detention facility or a se-
cure detention facility described bySubsection (j) is not
available in the county in which the child is taken into
custody or in an adjacent county;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is lo-
cated;
(3) the child is separated bysight and sound from
adults detained in the same facility through architec-
tural design ortime-phasing;
(4) the child does not have any contact with man-
agement ordirect-care staff that has contact with adults
detained in the same facility on the same work shift;
(5) the county in which the child is taken into cus-
tody is not located in a metropolitan statistical area as
designated by the United States Bureau of the Census;
and
164 O'CONNOR'3 FAMILY CODE