Texas Administrative Code
Title 37 - PUBLIC SAFETY AND CORRECTIONS
Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT
Chapter 358 - IDENTIFYING, REPORTING AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH AND SERIOUS INCIDENTS
Section 358.300 - Identifying and Reporting Abuse, Neglect, Exploitation, and Death
Universal Citation: 37 TX Admin Code ยง 358.300
Current through Reg. 49, No. 12; March 22, 2024
(a) Duty to Report. An employee, volunteer, or other individual working under the auspices of a facility or program must report the death of a juvenile or an allegation of abuse, neglect, or exploitation to TJJD and local law enforcement if he/she:
(1) witnesses, learns of, or receives an oral
or written statement from an alleged victim or other person with knowledge of
the death of a juvenile or an allegation of abuse, neglect, or exploitation;
or
(2) has a reasonable belief that
the death of a juvenile or abuse, neglect, or exploitation has
occurred.
(b) Non-Delegation of Duty to Report. In accordance with Texas Family Code § 261.101, the duty to report cannot be delegated to another person.
(c) Other than Sexual Abuse or Serious Physical Abuse.
(1) Time Frames for
Reporting. A report of alleged abuse, neglect, or exploitation other than
allegations involving sexual abuse or serious physical abuse must be made
within 24 hours from the time a person gains knowledge of or has a reasonable
belief that alleged abuse, neglect, or exploitation has occurred.
(2) Methods for Reporting.
(A) The report to TJJD may be made by phone
or by faxing or e-mailing a completed Incident Report Form.
(B) If the report to TJJD is made by phone, a
completed Incident Report Form must be submitted within 24 hours after the
phone report.
(C) The report to law
enforcement must be made by phone.
(d) Sexual Abuse or Serious Physical Abuse.
(1) Time Frames for Reporting.
(A) A report of alleged sexual abuse or
serious physical abuse must be made to local law enforcement immediately, but
no later than one hour after the time a person gains knowledge of or has a
reasonable belief that alleged sexual abuse or serious physical abuse has
occurred.
(B) A report of alleged
sexual abuse or serious physical abuse must be made to TJJD immediately, but no
later than four hours after the time a person gains knowledge of or has a
reasonable belief that alleged sexual abuse or serious physical abuse has
occurred.
(2) Methods
for Reporting.
(A) The initial report to TJJD
must be made by phone using the toll-free number as designated by
TJJD.
(B) Within 24 hours after the
initial phone report to TJJD, the completed Incident Report Form must be
submitted to TJJD by fax or e-mail.
(C) The initial report to law enforcement
must be made by phone.
(e) Death of a Juvenile.
(1) Time Frames for Reporting.
(A) A report of a death must be made to local
law enforcement immediately, and no later than one hour after the discovery or
notification of the death.
(B) A
report of a death must be made to TJJD immediately, and no later than four
hours after the discovery or notification of the death.
(C) A written report of the cause of death
must be submitted to the state Attorney General no later than 30 days after the
juvenile's death if required by Texas Code of Criminal Procedure Article
49.18(b).
(D) A copy of the death
investigation report must be submitted to TJJD within 10 calendar days after
completion.
(2) Methods
for Reporting.
(A) The initial report to TJJD
must be made by phone using the toll-free number as designated by
TJJD.
(B) Within 24 hours after the
phone report to TJJD, the completed Incident Report Form must be submitted to
TJJD by fax or e-mail.
(C) The
initial report to law enforcement must be made by phone.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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