37 TAC § 380.9550. Definitions--Due Process Hearings, DIVISION 2. DUE PROCESS HEARINGS

The following words and terms, as used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

(1) Advocate--a TJJD employee, contract employee, or enrolled volunteer assigned to represent the youth at a Level II, III, or IV hearing who is trained by TJJD to serve as an advocate.

(2) Community Detention--temporary placement of a youth in a community detention facility pending a Level I or II hearing.

(3) Community Detention Facility--a local detention facility designed for juveniles or adults, including jails.

(4) Detention Hearing--the court hearing required by the Texas Family Code to determine whether conditions exist to justify the detention of a juvenile.

(5) Due Process--the constitutional concept that proceedings must be fair and that a person is entitled to, at a minimum, notice and an opportunity to be heard by a neutral decision maker when the person's liberty or property is at stake.

(6) Extenuating Circumstances--facts that do not rise to the level of a legal defense but that do provide a reasonable explanation for the youth's behavior, such as:

(A) the only property involved in the offense was of minimal value and the youth returned it undamaged to its owner;

(B) the only bodily injury intended or inflicted by the youth consisted of brief or minor discomfort;

(C) the youth's conduct was an impulsive response to perceived provocation and posed no threat to persons or property; or

(D) the youth was persuaded to participate in the offense by a parent or other authority figure.

(7) Hearing Examiner--an attorney employed by the Texas Juvenile Justice Department (TJJD) who determines if there is a preponderance of evidence presented at a Level I hearing to prove the youth committed an alleged rule violation. The hearing examiner also determines if the requested dispositions will be imposed.

(8) Hearing Manager--an impartial person who determines if there is a preponderance of evidence presented at a Level II hearing to prove the youth committed an alleged rule violation. The hearing manager also determines if the requested dispositions will be imposed.

(9) High-Restriction Facility--has the meaning assigned under §380.8527 of this title.

(10) Institution Detention--temporary placement of youth in the security unit at a high-restriction facility as described in §380.9559 and §380.9561 of this title.

(11) Institutional Status--the status assigned to all youth who have not yet been released on parole or who have had their parole status revoked through a Level I hearing. Youth may be on institutional status while assigned to high- or medium-restriction placements.

(12) Non-Disciplinary Reasons--reasons not related to a violation of rules that transfer to a higher restriction assignment is necessary, such as:

(A) the youth has treatment, educational, medical, or other needs that cannot be met at the current placement; or

(B) there is no longer a home placement available for the youth.

(13) Parole Status--the status assigned to all youth who have been released on parole. Youth may be on parole status while assigned to a medium-restriction placement or an approved home or home substitute.

(14) Preponderance of Evidence--a standard of proof meaning the greater weight and degree of credible evidence admitted at the hearing (e.g., whether the credible evidence makes it more likely than not that a particular proposition is true).

(15) Staff Representative--the person assigned to assemble and present the allegation(s) and evidence at a hearing.

(16) Referring Staff--the TJJD employee or contract employee who requests detention for a youth.