37 Tex. Admin. Code § 385.9951 - Death of a Youth

(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.

Notes

37 Tex. Admin. Code § 385.9951

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 by Texas Register, Volume 41, Number 37, September 9, 2016, TexReg 7130, eff. 10/1/2016