# 37 Tex. Admin. Code § 380.9550: 37 TAC § 380.9550. Definitions--Due Process Hearings, DIVISION 2. DUE PROCESS HEARINGS > Texas · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9550 ## Section - **Citation:** 37 Tex. Admin. Code § 380.9550 - **Heading:** 37 TAC § 380.9550. Definitions--Due Process Hearings, DIVISION 2. DUE PROCESS HEARINGS - **Jurisdiction:** Texas - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Texas Administrative Code / Title 37 PUBLIC SAFETY AND CORRECTIONS / Part 11 TEXAS JUVENILE JUSTICE DEPARTMENT / Chapter 380 RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES / 37 TAC § 380.9550 ## Text 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. ## Nearby sections - [37 Tex. Admin. Code § 380.9502 37 TAC § 380.9502. Behavior Management System Overview, DIVISION 1. BEHAVIOR MANAGEMENT](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9502.md) - [37 Tex. Admin. Code § 380.9503 37 TAC § 380.9503. Rules and Consequences for Residential Facilities, DIVISION 1. BEHAVIOR MANAGEMENT](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9503.md) - [37 Tex. Admin. Code § 380.9504 37 TAC § 380.9504. Rules and Consequences for Youth on Parole, DIVISION 1. BEHAVIOR MANAGEMENT](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9504.md) - [37 Tex. Admin. Code § 380.9510 37 TAC § 380.9510. Intervention Program, DIVISION 1. BEHAVIOR MANAGEMENT](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9510.md) - [37 Tex. Admin. Code § 380.9520 37 TAC § 380.9520. Cooling-Off Period for Youth Out of Control, DIVISION 1. BEHAVIOR MANAGEMENT](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9520.md) - [37 Tex. Admin. Code § 380.9550 37 TAC § 380.9550. Definitions--Due Process Hearings, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9550.md) - [37 Tex. Admin. Code § 380.9551 37 TAC § 380.9551. Level I Hearing Procedure, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9551.md) - [37 Tex. Admin. Code § 380.9553 37 TAC § 380.9553. Level I Hearing by Telephone, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9553.md) - [37 Tex. Admin. Code § 380.9555 37 TAC § 380.9555. Level II Hearing Procedure, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9555.md) - [37 Tex. Admin. Code § 380.9557 37 TAC § 380.9557. Level III Hearing Procedure, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9557.md) - [37 Tex. Admin. Code § 380.9559 37 TAC § 380.9559. Detention for Youth with Pending Charges, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9559.md) - [37 Tex. Admin. Code § 380.9561 37 TAC § 380.9561. Detention for Youth Pending Level I or II Hearing, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9561.md) - [37 Tex. Admin. Code § 380.9571 37 TAC § 380.9571. Procedure for Mental-Health-Status Review Hearing, DIVISION 2. DUE PROCESS HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9571.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T37_P11_C380_S380_9550. Check the current official text before relying on it. Not legal advice.