(a) Purpose. This rule provides requirements, consistent with the Texas Family Code, Chapter 261, Subchapter B, for Texas Juvenile Justice Department (TJJD) staff members or volunteers to report information regarding TJJD youth who confess to having abused or neglected a child or children at a time other than when assigned to a TJJD-operated residential facility or contract care program.
(b) Applicability. This rule does not apply to reporting suspected abuse or neglect of youth in TJJD programs, which is addressed in §380.9333 of this title.
(c) Definitions. For the purposes of this rule, abuse and neglect are defined by Texas Family Code §261.001.
(d) Reporting.
  (1) In accordance with Texas Family Code §261.101, a TJJD staff member or volunteer who has cause to believe that a TJJD youth is responsible for abusing or neglecting a child or children at a time other than when the youth was assigned to a TJJD-operated residential facility or contract care program must, within 48 hours after receiving the information upon which the belief is based, report the alleged abuse or neglect to the Texas Department of Family and Protective Services (DFPS) or to a state or local law enforcement agency where the alleged abuse or neglect occurred. The report must contain accurate and detailed information upon which the cause to believe abuse or neglect occurred is based.
  (2) A report does not need to be made if it is determined from existing documentation that the alleged abuse or neglect:
    (A) has already been referred to DFPS or a law enforcement agency and the new report includes no new information;
    (B) relates only to conduct that resulted in the youth's commitment to TJJD; or
    (C) relates only to conduct that resulted in a previous referral to a juvenile probation department or to juvenile court.
  (3) The staff member or volunteer must inform his/her supervisor about the report.

Source Note: The provisions of this §385.8134 adopted to be effective January 31, 2001, 26 TexReg 762; amended to be effective July 31, 2001, 26 TexReg 4875; amended to be effective May 18, 2004, 29 TexReg 4890; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632