37 Tex. Admin. Code § 358.400 - [Effective until 9/1/2025] Internal Investigation
(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 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 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 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 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.