Section 358.400 - 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.37 Tex. Admin. Code § 358.400
The provisions of this §358.400 adopted to be effective September 1, 2009, 34 TexReg 4196; Adopted by Texas Register, Volume 41, Number 01, January 1, 2016, TexReg 292, eff. 3/1/2016