(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.
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