1. (a) Duty to Report. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge of or who has a reasonable belief as to the occurrence of alleged abuse, neglect or exploitation involving a juvenile shall report to the Commission and local law enforcement.
2. (b) Non-Delegation of Duty to Report. In accordance with Texas Family Code §261.101, the duty to report cannot be delegated to another person.
3. (c) Time to Report. A report of alleged abuse, neglect or exploitation under subsection (a) of this section, other than death and allegations involving serious physical abuse or sexual abuse, shall be made within 24 hours from the time a person gains knowledge of or suspects the alleged abuse, neglect or exploitation.

4. (d) Methods for Reporting Abuse, Neglect and Exploitation.

   1. (1) The report shall be made by phone, or by faxing or e-mailing a completed Incident Report Form to the Commission.
   2. (2) If the report is made by phone, a completed Incident Report Form shall be subsequently submitted to the Commission within 24 hours of the phone report.

Source Note:The provisions of this §358.400 adopted to be effective September 1, 2009, 34 TexReg 4196.