(a) Unless otherwise expressly stated, this chapter applies to:
  (1) allegations of abuse, neglect, or exploitation involving a juvenile and an employee, volunteer, or other individual working under the auspices of a facility or program, regardless of the physical location of the alleged abuse, neglect, or exploitation;
  (2) serious incidents involving a juvenile that:
    (A) occur on the premises of a program or facility; or
    (B) regardless of the physical location, occur while in the presence of an employee, volunteer, or other individual working under the auspices of a facility or program; and
  (3) a death of a juvenile that:
    (A) occurs on the premises of a program or facility;
    (B) results from an illness, incident, or injury that occurred, was discovered, or was reported on the premises of a program or facility; or
    (C) regardless of the physical location, occurs while in the presence of an employee, volunteer, or other individual working under the auspices of a facility or program.
(b) For purposes of this chapter, "working under the auspices of a facility or program" includes providing a service to juveniles when that service is:
  (1) a condition of probation, deferred prosecution, or release; or
  (2) a condition otherwise imposed by a juvenile court or juvenile probation department.

Source Note: The provisions of this §358.140 adopted to be effective September 1, 2009, 34 TexReg 4196; amended to be effective March 1, 2016, 41 TexReg 286