| (a) Purpose. This rule establishes requirements for
notification, investigation, and reporting in the event of the death
of a youth who is committed to the jurisdiction of the Texas Juvenile
Justice Department (TJJD).
(b) General Provisions. TJJD cooperates fully in any
external investigations into the death of a youth.
(c) Death of Youth Assigned to a Residential Facility.
This subsection applies to the death of a youth committed to TJJD
who, at the time of death, was assigned to a residential facility
that is operated by TJJD or a TJJD contractor.
(1) As soon as reasonably possible after the death
of a youth, TJJD notifies the youth's parent/guardian. The notification
is made in person whenever possible.
(2) The TJJD Office of Inspector General conducts a
criminal investigation and, as appropriate, notifies local law enforcement.
(3) The TJJD division responsible for abuse, neglect,
and exploitation investigations conducts an administrative investigation
in accordance with §380.9333 of this title.
(4) TJJD requests an autopsy regardless of the circumstances
of the death.
(5) The TJJD medical director may convene a morbidity
and mortality review.
(6) A TJJD staff member is made available to assist
the parent/guardian with coordinating certain necessary matters, such
as returning the youth's belongings and making funeral arrangements.
If the parent/guardian is unable or unwilling to make burial arrangements,
TJJD ensures an appropriate burial.
(7) In accordance with Article 49.18 of the Texas Code
of Criminal Procedure, TJJD submits a Custodial Death Report to the
Office of the Attorney General within 30 days after the date of the
death.
(d) Death of Youth Assigned to a Home Placement. TJJD
may conduct a criminal and/or administrative investigation, as determined
on a case-by-case basis, if a youth committed to TJJD dies while assigned
to a home placement.
|
| Source Note: The provisions of this §385.9951 adopted to be effective December 31, 1996, 21 TexReg 12194; amended to be effective September 25, 2000, 25 TexReg 9227; amended to be effective December 14, 2003, 28 TexReg 11113; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123 |
