37 Tex. Admin. Code § 358.280 - [Effective 9/1/2025] Internal Investigation
(a)
Investigation Requirement. In every case in which a report of the death of a
juvenile or of an allegation of abuse, neglect, or exploitation 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 the death of a
juvenile or the allegation of abuse, neglect, or exploitation. However, the
initiation of the internal investigation will be postponed if:
(1) directed by local law enforcement;
(2) requested by TJJD OIG;
or
(3) after consultation with
local law enforcement or TJJD OIG, it is determined that the integrity of
potential evidence could be compromised.
(c) Burden of Proof. The burden of proof in
an internal investigation is preponderance of the evidence. A higher or lower
burden of proof may not be implemented.
(d) Policy and Procedure. Departments,
programs, and facilities must have written policies and procedures for
conducting internal investigations under this chapter. The internal
investigation must be conducted in accordance with the policies and procedures
of the department, program, or facility. The policies and procedures must be
provided to TJJD upon request.
(e)
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 chair must:
(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 of the juvenile(s).
(f) 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.
(g) 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.
Notes
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