1. (a) Purpose. The purpose of this rule is to establish a procedure whereby Texas Youth Commission (TYC) staff responds to the authorities and the family in the event of the death of a youth while under TYC jurisdiction.
2. (b) TYC staff will respond to the death of a youth in a responsible and sensitive manner.

3. (c) On the death of a youth residing in a TYC residential facility, the following actions will be taken.

   1. (1) The following should be notified immediately:

      1. (A) local law enforcement officials;
      2. (B) program administrator/quality assurance administrator;
      3. (C) executive director or designee;
      4. (D) the youth's family; and
      5. (E) the chief inspector general.
   2. (2) The agency will cooperate fully with any external investigation and conducts an internal investigation into the circumstances of the death. The investigation will be conducted in accordance with (GAP) §93.33 of this title (relating to Alleged Abuse, Neglect, and Exploitation), and the report finalized within 25 days of the date of the death of the youth.

   3. (3) The executive director must provide the Attorney General's Office the Custodial Death Report (located www.oag.state.tx.us). The report must be filed:

      1. (A) regardless of the entity that conducts the investigation;
      2. (B) within 30 days from the date of the death of a youth in any TYC operated or contract residential program; and
      3. (C) with relevant facts surrounding the death.
   4. (4) An autopsy will be sought by TYC staff who work with the medical examiner and the family as needed to arrange an autopsy;
   5. (5) The youth's family is responsible for burial arrangements. If the family is unable or unwilling to assume such responsibility, TYC will ensure an appropriate burial.

4. (d) On the death of a youth residing in a home placement, the following actions will be taken.

   1. (1) TYC staff must be immediately notified.
   2. (2) An investigation by TYC will generally not be conducted unless the youth was under the supervision of a TYC residential program staff or contract staff at the time of death.

Source Note: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.