37 TAC §348.110
The Texas Juvenile Probation Commission proposes an amendment
to §348.110 concerning written policy and procedure in the reporting
and handling of cases of child abuse and/or neglect in juvenile justice alternative
education programs. The amendment is being proposed in an effort to conform
with changes made during the 76th Texas Legislative Session to Chapter 261
of the Texas Family Code regarding the reporting of child abuse and neglect
incidents to the Texas Juvenile Probation Commission in all juvenile justice
programs and facilities.
Linda Brooke, Director of Education Related Services, has determined that
for the first five year period the amended standard is in effect there will
be no fiscal implications for state or local government as a result of enforcement
or administration.
Ms. Brooke has also determined that for each year of the first five years
the amended standard is in effect, the public benefit anticipated as a result
of enforcement will be to ensure prompt and proper investigation of alleged
child abuse or neglect in juvenile justice alternative education programs.
There are no anticipated economic costs to persons who are required to comply
with this standard as amended. There will be no effect on small businesses.
Public comments on the proposed amendment may be submitted to Kristy Carr
at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
The amendment is mandated under Texas Family Code §261.405
and proposed under Texas Human Resources Code §141.042, which provides
the Texas Juvenile Probation Commission with the authority to adopt reasonable
rules that provide minimum standards for juvenile boards and that are necessary
to provide adequate and effective probation services.
No other code or article is affected by the amendment.
§348.110.Security and Control.
(a)-(i)
(No change.)
(j)
Abuse or Neglect.
Written policy, procedure, and practice
for any allegation of abuse or neglect of a JJAEP student shall require:
[
Any allegations of abuse or neglect of a JJAEP student shall be documented
and reported immediately to law enforcement for investigation as required
by Chapter 261, Texas Family Code.
]
(1)
any allegations of abuse or neglect of
a JJAEP student shall be documented and reported immediately to law enforcement
for investigation as required by Chapter 261, Texas Family Code; the allegation
be reported to TJPC within 24 hours of the allegation being;
(2)
an internal investigation of allegations
of child abuse or neglect in the program. The policy shall require all staff
members to fully cooperate with any investigation of alleged child abuse or
neglect in the JJAEP. The policy shall require that 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 children in the JJAEP until
the conclusion of the internal investigation. The alleged perpetrator shall
have no contact with the alleged victim(s) pending the conclusion of the internal
investigation. At the conclusion of the internal investigation of child abuse
or neglect, each JJAEP shall take appropriate measures to provide for the
safety of children. Upon completion of the internal investigation a written
report shall be submitted to TJPC within 2 working days.
(k)-(l)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 14, 2000.
TRD-200000308
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 5, 2000
For further information, please call: (512) 424-6710