1. (a) Serious Incidents. The facility administrator shall report to the Commission the death, attempted suicide, and any serious injury that requires medical treatment by a physician or physician's assistant that occurs in a short-term detention facility within 24 hours of discovering the incident.
2. (b) Child Abuse and Neglect. The facility administrator shall ensure that any allegation of abuse or neglect occurring in a short-term detention facility is reported to the Commission within 24 hours of having cause to believe a resident has been abused or neglected. The facility administrator shall also ensure that a report is made to local law enforcement in accordance with Texas Family Code Chapter 261.

3. (c) Internal Investigation. The facility administrator shall maintain written policy and procedure requiring an internal investigation of all allegations of child abuse or neglect in the facility.

   1. (1) The policy shall require:

      1. (A) all staff members to cooperate fully with any investigation of child abuse or neglect;
      2. (B) any person alleged to be a perpetrator of child abuse or neglect be put on administrative leave or reassigned to a position having no contact with residents in the facility or individuals under the jurisdiction of the juvenile court until the conclusion of the internal investigation;
      3. (C) the alleged perpetrator has no contact with the alleged victim(s) pending the conclusions of the internal investigation;
      4. (D) at the conclusion of the internal investigation of child abuse or neglect, the facility administrator shall take appropriate measures to provide for the safety of the residents in the short-term detention facility; and
      5. (E) The facility administrator shall submit a copy of the internal investigation to TJPC within 2 working days following the completion of the internal investigation.

   2. (2) In the event the facility administrator is alleged to be a perpetrator of child abuse or neglect, the juvenile board shall:

      1. (A) conduct the internal investigation or appoint an individual who is not an employee of the short-term detention facility or juvenile probation department to conduct the internal investigation; and
      2. (B) place the facility administrator on administrative leave, or ensure the facility administrator has no contact with residents in the short-term detention facility or under the supervision of the juvenile probation department until the conclusion of the internal investigation.
4. (d) Treatment and Safety. The facility administrator shall ensure that residents in the short-term detention facility shall not be subjected to abuse or neglect as defined in Chapter 261, Texas Family Code.

Source Note:The provisions of this §351.4 adopted to be effective September 30, 2002, 27 TexReg 7985.