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.
