|(a) Investigation Requirement. In every case in which
an allegation of abuse, neglect, or exploitation or the death of a
juvenile has occurred, an internal investigation must be conducted.
The investigation must be conducted by a person qualified by experience
or training to conduct a comprehensive investigation.
(b) Initiation of Investigation. The internal investigation
must be initiated immediately upon the chief administrative officer
or the private facility administrator or their respective designees
gaining knowledge of an allegation of abuse, neglect, or exploitation
or the death of a juvenile. However, the initiation of the internal
investigation will be postponed if:
(1) directed by law enforcement;
(2) requested by TJJD; or
(3) the integrity of potential evidence could be compromised.
(c) Policy and Procedure. Departments, programs, and
facilities must have written policies and procedures for conducting
internal investigations of allegations of abuse, neglect, or exploitation
or the death of a juvenile. The internal investigation must be conducted
in accordance with the policies and procedures of the department,
program, or facility.
(d) Juvenile Board Responsibilities. If the chief administrative
officer or the private facility administrator is the person alleged
to have abused, neglected, or exploited a juvenile, the juvenile board
(1) conduct the internal investigation; or
(2) appoint an individual to conduct the internal investigation
who is not one of the following:
(A) the person alleged to have abused, neglected, or
exploited the juvenile(s);
(B) a subordinate of the person alleged to have abused,
neglected, or exploited the juvenile(s); or
(C) a law enforcement officer currently acting in the
capacity as a criminal investigator for the alleged abuse, neglect,
or exploitation or the death of a juvenile.
(e) Time Frame for Internal Investigation. The internal
investigation must be completed within 30 business days after the
initial report to TJJD. TJJD may extend this time frame upon request.
TJJD may require submission of all information compiled to date or
a statement of the status of the investigation when determining whether
or not to grant an extension or after granting an extension.
(f) Written and Electronically Recorded Statements.
During the internal investigation, diligent efforts must be made to
obtain written or electronically recorded oral statements from all
persons with direct knowledge of the alleged incident.