ORDER NO. 31509
KERB COUNTY JUVENILE DETENTION FACILITY POLICIES AND
PROCEDURES RELATED TO ABUSE AND NEGLECT
Came to be heard this the 9th day of November, 2009, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin/Williams, the Court
unanimously approved by a vote of 4-0-0 to:
Approve the Kerr County Juvenile Detention Facility Policies and Procedures related to
Abuse and Neglect.
j COMMISSIONERS' COURT AGENDA REQUEST
I 3 )s~9
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: u , ~j ~ rte' z~ OFFICE: / w ,~ _ ~ ~ ~ °`
MEETING DATE: TIME PREFERRED:
SUBJECT: C'r:~,..:f~f~ °~' ~`~~ a®~~~ ~`~' ~ c ; r
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
KERR COUNTY JUVENILE CENTER
Identifying, Reporting and Investigating Abuse, Neglect,
Exploitation, Death and Serious Incidents
POLICY AND PROCEDURE
MANUAL
TABLE OF CONTENTS
SECTION A -DEFINITIONS
1.1 Definitions 4
SECTION B -POLICIES AND PROCEDURES
2.1	Interpretation ....................................................................................................	............8
2.2	Applicability ......................................................................................................	............8
2.3	Policies and Procedures	8
2.4	Data Collection	9
2.5	Serious Incidents	10
2.6	Medical Documentation for Serious Incidents	10
2.7	Abuse, Neglect and Exploitation	....-..11
2.8	Allegations Occurring Outside the Juvenile System-----------------•-------------•-••	_•_•..,.•...12
2.9	Reporting of Allegations by Juveniles....--.--••-----------------•--------•--.•-...-..-,,.,,,,,,	-„•...---.-12
2.10	Parental Notification	13
2.11	Signage ..........................•...-........-.............•..........................................................	............14
2.12	Serious Physical Abuse and Sexual Abuse--------------------------------•_-__--_••......---.	-..•------_-15
2.13	Death ................................................................................•-•---.............................	............16
2.14	Custodial Death Investigation in a Facility--_•-_•_--_-_•_•••••••.....•••.•••• ...............	...•„-•,,,,17
2.15	Custodial Death Investigation Report,•.•••••_••••••_--•.••••••.••.•.._•_••_•••• ................	...•--------18
2.16	Custodial Death Investigation in a Department or Program..•-----------------	---•--------18
2.17	Non-Custodial Death Investigation in a Department or Program ............	...•..-..--.19
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SECTION C -INTERNAL INVESTIGATION
3.1	Internal Investigation .........................................................................................•-•--.	....19
3.2	Reassignment or Administrative Leave During the Internal Investigation-„-	,,,,20
3.3	Written and Electronically Recorded Statements-„,,,,,,,,,,,,,,,,,,„--„-„---,-,,,,,,,,,,,,	,,,-21
3.4	Juvenile Board Responsibilities,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„---,-„--------,-,,,,,,-,,,-„-	----21
3.5	Corrective Measures	23
3.6	Internal Investigation Report .................................................................................	....23
3.7	Internal Investigation Report Components•---------------„-,,,,,,,,,,,,,-,-,,,,,,,,,,-----,,,,,,,,	,,--23
3.8	Submission of Internal Investigation Report,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,	,,,,25
3.9	Cooperation with Commission Investigation,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„----,-„-,,,,,,,,	-„-25
3.10	Redaction of Records	26
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SECTION A -DEFINITIONS
1.1 DEFINITIONS
The following words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise and will provide descriptions for different
components of the Kerr County Juvenile Center, hereinafter referred to as the KCJC.
358.100 -Definitions.
1. Abuse, Neglect, or Exploitation -The definitions of "abuse", "neglect" and "exploitation"
shall have the meaning ascribed under Texas Family Code 261.001 and 261.401. For the
purposes of this chapter, "abuse" includes serious physical abuse and sexual as defined in this
section.
2. Administrator -The chief administrative officer of a juvenile probation department, a public
or private juvenile justice program or a public or private juvenile justice facility.
3. Alleged Victim - A juvenile under the jurisdiction of the juvenile court or participating in a
program operated under the authority of the governing board or juvenile board who is alleged to
be a victim of abuse, neglect or exploitation.
4. Attempted Suicide -Any voluntary and intentional action that could reasonably result in
taking one's own life.
5. Call Line -The toll-free number made available for reporting allegations of abuse, neglect,
exploitation and serious incidents within the juvenile justice system.
6. Commission -The Texas Juvenile Probation Commission.
7. Escape -
(A) The voluntary, unauthorized departure, or attempt to depart, by an individual who is in
custody; or
(B) Failure to return to custody following an authorized temporary leave for a specific
purpose or limited period.
8. Founded -The finding assigned to an internal investigation when the evidence indicates that
the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, occurred.
9. Incident Report Form -The required form used to report to the Commission allegations of
abuse, neglect, exploitation, death and serious incidents.
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10. Inconclusive -The finding assigned to an internal investigation when the evidence does not
clearly indicate whether or not the conduct, which formed the basis of an allegation of abuse,
neglect or exploitation, occurred.
11. Internal Investigation - A formalized and systematic inquiry conducted by the administrator
or designee of a juvenile probation department, juvenile justice program or juvenile justice
facility in response to an allegation of abuse, neglect, exploitation or death.
12. Internal Investigation Report -The written report submitted to the Commission that
summarizes the steps taken and the evidence collected during an internal investigation of alleged
abuse, neglect, exploitation or death.
13. Juvenile - A person who is under the jurisdiction of the juvenile court, confined in a juvenile
justice facility, or participating in a juvenile justice program.
14. Juvenile Justice Facility ("facility") - A facility, including its premises and all affiliated
sites, whether contiguous or detached, operated wholly or partly by or under the authority of the
governing board, juvenile board or by a private vendor under a contract with the governing
board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction.
The term includes, but is not limited to:
(A) A public or private juvenile pre-adjudication secure detention facility, including a
short-term detention facility (i.e., holdover) required to be certified in accordance with
Texas Family Code 51.12;
(B) A public or private juvenile post-adjudication secure correctional facility required to be
certified in accordance with Texas Family Code 51.125, except for a facility operated solely
for children committed to the Texas Youth Commission; and
(C) A public or private non-secure juvenile post-adjudication residential treatment facility
housing juveniles under juvenile court jurisdiction.
15. Juvenile Justice Program ("program") - A program or department operated wholly or
partly by the governing board, juvenile board or by a private vendor under a contract with the
governing board, or juvenile board that serves juveniles under juvenile court jurisdiction or
juvenile board jurisdiction. The term includes a juvenile justice alternative education
program and anon-residential program that serves juvenile offenders under the jurisdiction of the
juvenile court or juvenile board jurisdiction and a juvenile probation department.
16. Juvenile Probation Department ("department") -All physical offices and premises
utilized by a county or district level governmental unit established under the authority of a
juvenile board(s) to facilitate the execution of the responsibilities of a juvenile probation
department enumerated in Title 3 of the Texas Family Code and Chapter 141 of the Texas
Human Resources Code.
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17. Medical Treatment -Medical care, processes and procedures that are performed by a
physician, physician assistant, licensed nurse practitioner, emergency medical technician (EMT),
paramedic or dentist. Diagnostic procedures are excluded unless further intervention beyond
basic first aid is required.
18. Reasonable Belief - A belief that would be held by an ordinary and prudent person in the
same circumstances as the reporter.
19. Report -Formal notification to the Commission of alleged abuse, neglect, exploitation or
death or of serious incident.
20. Reportable Injury -Any injury sustained accidentally, intentionally, recklessly or otherwise
that:
(A) Requires medical treatment as defined in this section; or
(B) Results from a personal, mechanical or chemical restraint and is a substantial injury as
defined in this section.
21. Serious Incident -Attempted escape, attempted suicide, escape, reportable injury,
youth-on-youth physical assault or youth sexual conduct as defined in this section.
22. Serious Physical Abuse -Bodily harm or condition that resulted directly or indirectly from
the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily
harm or condition requires medical treatment as defined in this section.
23. Sexual Abuse -Conduct committed by any person against a juvenile that includes sexual
abuse by contact or sexual abuse bynon-contact. A juvenile, regardless of age, may not
affirmatively or impliedly consent to the acts as defined in paragraphs (24) and (25) of this
section under any circumstances.
24. Sexual Abuse by Contact -Any physical contact with a juvenile that includes: intentional
touching of the genitalia, anus, groin, breast, inner thigh or buttocks with the intent to abuse,
intimidate, hurt, humiliate or harass, arouse or gratify sexual desire; deviate sexual intercourse;
sexual contact; sexual intercourse; or sexual performance as those terms are defined in
subparagraphs (A)-(D) of this paragraph.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of one person and the mouth or anus of
another person; or
(ii) the penetration of the genitals or the anus of another person with a hand, finger or
other object.
(B) "Sexual contact" means the following acts, if committed with the intent to arouse or
gratify the sexual desire of any person:
(i) any touching by a person, including touching through clothing, of the anus, breast, or
any part of the genitals of a person; or
(ii) any touching of any part of the body of a person, including touching through clothing,
with the anus, breast, or any part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex
organ.
(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of
one or more persons including simulated or actual sexual intercourse, deviate sexual
intercourse, bestiality, masturbation, sado-masochistic abuse or lewd exhibition of the
genitals, the anus, or any portion of the female breast below the top of the areola.
25. Sexual Abuse by Non-Contact -Any sexual behavior, conduct, harassment or actions other
than those defined by sexual abuse by contact, which are exhibited, performed or simulated:
(A) in the presence of a juvenile or with reckless disregard for the presence of a juvenile;
(B) with the intent to arouse or gratify the sexual desire of any person;
(C) with the intent to intimidate, hurt, humiliate or harass any person;
(D) including repeated verbal statement or comments of a sexual nature; and
(E) including demeaning references to gender, derogatory comments about body or clothing
or profane or obscene language or gestures.
(F) These behaviors, conduct and actions include indecent exposure, voyeurism, distribution
or exhibition of pornographic or sexually explicit material or sexual performance as defined
in paragraph (24)(D) of this section.
26. Subject of Investigation - A person alleged as being responsible for the abuse, neglect or
exploitation of a juvenile through the person's own actions or failure to act.
27. Substantial Injury - An injury that is significant in size, degree or severity.
28. Unfounded -The finding assigned to an internal investigation when the evidence indicates
the conduct, which formed the basis of an allegation of abuse, neglect or exploitation, did not
occur.
29. Youth-on-Youth Physical Assault - A physical altercation between two or more juveniles
that results in any of the involved parties sustaining an injury that requires medical treatment as
defined in this section.
30. Youth Sexual Conduct -Two or more juveniles, regardless of age, who engage in deviate
sexual intercourse, sexual contact, sexual intercourse, sexual performance as those terms are
defined in paragraph (24) of this section or sexual behavior, conduct or actions which are
exhibited, performed or simulated as those terms are defined in paragraph (25) of this section. A
juvenile may not consent to the acts as defined in paragraphs (24) and (25) of this section under.
any circumstances. Consent may not be implied regardless of the age of the juvenile.
SECTION B -POLICIES AND PROCEDURES
2.1 INTERPRETATION
Written policy, procedure and practice of the following standard shall apply to the HCJC.
358.120 -Interpretation.
(a) The headings in this chapter are for convenience only and are not intended as a guide to the
interpretation of the standards in this chapter.
(b) The word, "including" when following a general statement or term, is not to be construed as
limiting the general statement or term to any specific item or manner set forth or to similar items
or matters, but rather as permitting the general statement or term to refer also to all other items or
matters that could reasonably fall within its broadest possible scope.
2.2 APPLICABILITY
Written policy, procedure and practice of the following standard shall apply to the KCJC.
358.140 -Unless otherwise noted, these standards apply to all allegations abuse, neglect and
exploitation, death and serious incidents involving a juvenile and an employee, intern, volunteer,
contractor or service provider (hereafter referred to as "any person" or "all persons") in a
juvenile probation department ("department"), juvenile justice program ("program") or juvenile
justice facility ("facility"), regardless of the location of the alleged abuse, neglect, exploitation,
death or serious incident.
2.3 POLICY AND PROCEDURE
358.200 -Departments, programs and facilities shall have written policies and procedures for
reporting serious incidents to the Commission and for reporting deaths and alleged abuse, neglect
and exploitation to local law enforcement, the Commission and other appropriate governmental
units.
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The Facility Administrator and/or Assistant Facility Administrator shall be responsible far
maintaining current written Abuse, Neglect, Exploitation, Death and Serious Incidents
policies for the KCJC and ensure these policies meet the minimum standards required
by the TJPC. All written policies and procedures of the KCJC will be made available to
all employees, contract service providers and volunteers. These policies and
procedures will be made available, reviewed and approved by the Kerr County
Commissioners Court on an annual basis. Any changes to the KCJC policies and
procedures shall be documented and signed-off by the Facility Administrator and the
Chair of the Kerr County Commissioners Court.
2.4 DATA COLLECTION
358.220 -Data Collection.
(a) Departments, programs and facilities shall fully and promptly provide requested data
pertinent to alleged abuse, neglect, exploitation, death and serious incidents to the
Commission.
(b) The data shall be submitted in the electronic format requested or supplied by the
Commission.
(c) The data shall include:
(1) Alleged victim(s) name;
(2) Alleged victim(s) personal identification number (PID);
(3) Name of subject(s) of investigation;
(4) Date of birth and driver's license or state issued identification number of subject(s) of
investigation;
(5) Date of alleged incident;
(6) Time of alleged incident;
(7) Date the alleged incident was reported to the Commission;
(8) Type of alleged incident (i.e., abuse, neglect or exploitation (ANE), death or serious
incident (SI));
(9) Type of injury, if applicable;
(10) Restraint related, if so, what type (i.e., personal, mechanical or chemical);
(11) Disposition of internal investigation (i.e., Founded, Unfounded, Inconclusive); and
(12) County generated case identification number.
(d) The data shall be supplied at least annually or as required by Commission.
The KCJC shall maintain an information system of files and records, both manual and
computer-assisted. The Facility Administrator shall review the system periodically to
ensure compliance with applicable TJPC standards and to meet the changing needs of
the center. At a minimum the system shall document: alleged victim(s) name; alleged
victim(s) personal identification number; name of subject(s) of investigation; date of birth
and driver's license or state issued identification number of subject(s) of investigation;
date of alleged incident; time of alleged incident; date the alleged incident was reported
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to TJPC; type of alleged incident; type of injury, if applicable; restraint related, if so, what
type; disposition of internal investigation; and county generated case identification
number. This information will be made available to the TJPC upon request.
2.5 SERIOUS INCIDENTS
358.300 -Serious Incidents.
(a) Any person who witnesses, learns of, receives an oral or written statement from a juvenile
or other person with knowledge of or who has a reasonable belief as to the occurrence of a
serious incident involving a juvenile shall report to the Commission.
(b) A report of a serious incident under subsection (a) of this section shall be made within 24
hours from the time a person gains knowledge of or suspects the serious incident occurred.
(c) Methods of Reporting Serious Incidents.
(I) The report shall be made by phone, or by faxing or e-mailing a completed Incident
Report Form to the Commission.
(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.
To insure the safety of the juveniles in the KCJC, all serious incidents (attempted
suicide, escape, serious injury, youth on youth assault that require medical treatment by
a physician or physician's assistant and youth sexual conduct) shall be reported within
24 hours of becoming aware of the alleged incident to the TJPC using the TJPC Incident
Report Form. Any KCJC staff having knowledge of the incident shall provide written
documentation of their knowledge. The shift supervisor, acting shift supervisor,
Assistant Facility Administrator or the Facility Administrator is responsible for faxing or e-
mailing the TJPC Incident Report Form within the designated timeframe, but may be
made by any staff member within the designated timeframe. A copy of the FAX
transmittal confirmation ore-mail should be kept with the original report. A report of a
serious incident in the KCJC may be made by phone utilizing the TJPC call line: 1 (877)
STOP-ANE or 1(877) 786-7263, but must be followed-up with a completed and FAXed
or e-mailed TJPC Incident Report Form within 24 hours of the initial phone report.
2.6 MEDICAL DOCUMENTATION FOR SERIOUS INCIDENTS
358.320 - A treatment discharge form or other medical documentation that contains evidence of
medical treatment pertinent to the reported incident shall be submitted to the Commission within
24 hours of receipt.
A copy of any medical treatment administered, if any, in regards to a reported serious
incident shall be forwarded to the TJPC within 24 hours of receipt. A copy of the FAX
transmittal confirmation or a-mail should be kept with the original report.
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2.7 ABUSE, NEGLECT AND EXPLOITATION
358.400 -Abuse, Neglect and Exploitation.
(a) 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.
(b) In accordance with Texas Family Code 261.101, the duty to report cannot be delegated to
another person.
(c) 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.
(d) Methods for Reporting Abuse, Neglect and Exploitation.
(1) The report shall be made by phone, or by faxing or e-mailing a completed Incident
Report Form to the Commission.
(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.
Suspected incidents of abuse, neglect or exploitation, whether they occurred prior to
admission or during the juveniles stay, shall be reported within 24 hours of staff
becoming aware of the incident to the TJPC using the TJPC Incident Report Form.
Additionally, a report of alleged abuse, neglect or exploitation shall be made with the
Kerr County Sheriff Department. Any KCJC staff having knowledge of the incident shall
provide written documentation of their knowledge. The shift supervisor, acting shift
supervisor, Assistant Facility Adminstrator/Investigator or the Facility Administrator is
responsible for faxing the TJPC Incident Report Form within the designated timeframe,
but may be made by any staff member within the designated timeframe. A copy of the
FAX transmittal confirmation should be kept with the original report. A report of abuse,
neglect or exploitation in the HCJC may be made by phone utilizing the TJPC call line: 1
(877) STOP-ANE or 1(877) 786-7263, but must be followed-up with a completed and
FAXed or e-mailed TJPC Incident Report Form within 24 hours of the initial phone
report.
If law permits, the Assistant Facility Administrator/Investigator, or designee, shall initiate
a thorough investigation and suggest appropriate disciplinary action which may include
suspension, dismissal, and/or criminal prosecution for any allegations made against
KCJC personnel. Additionally, the Facility Administrator or Assistant Facility
Administrator/Investigator may initiate disciplinary action with the TJPC under section
349.21(a). Any person making a good faith report should have immunity from any
liability, civil or criminal, that might otherwise be incurred or imposed. Failure to report
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known or suspected child abuse is an offense punishable by a fine or imprisonment. In
addition, a person who fails to report suspected child abuse might be held liable for civil
action. Public and Professional notices shall be posted in the public, administrative,
housing educational and common areas of the KCJC detailing contact information in
regards to reporting abuse, neglect and exploitation.
2.8 ALLEGATIONS OCCURRING OUTSIDE THE JUVENILE SYSTEM
358.420 -Any person who witnesses, learns of, receives an oral or written statement from an
alleged victim or other person with knowledge or who has a reasonable belief as to the
occurrence of alleged abuse, neglect or exploitation involving a juvenile, but that is not alleged
to involve an employee, intern, volunteer, contractor or service provider of a department,
program or facility, shall be reported to law enforcement or to the appropriate governmental unit
as required in Texas Family Code Chapter 261.
Suspected incidents of abuse, neglect or exploitation that may have occurred prior to
admission to the KCJC and not involving an employee, volunteer, or contract service
provider of the KCJC shall be reported to the statutorily designated authority (CPS, TYC,
etc.) within 24 hours of staff becoming aware of the incident. Additionally, a report of
alleged abuse, neglect or exploitation shall be made with the Kerr County Sheriff
Department. Any KCJC staff having knowledge of the incident shall provide written
documentation of their knowledge. A copy of the written documentation, FAX transmittal
confirmation or CPS case-number should be kept with the original paperwork in the
resident's folder.
2.9 REPORTING OF ALLEGATIONS BY JUVENILES
358.440 - Reporting of Allegations by Juveniles.
(a) Juveniles in a facility shall have the right to report to the Commission alleged abuse,
neglect and exploitation, including death.
(1) Juveniles shall be advised in writing during orientation into the facility of their right
to report allegations under this subsection; and
(2) Juveniles shall be advised in writing during orientation into the facility of the
Commission's toll-free number available for reporting allegations under this subsection.
(b) Departments, programs and facilities shall have written policies and procedures that
address a juvenile's reasonable, free and confidential access to the Commission for reporting
allegations under subsection (a) of this section.
(c) Upon the request of a juvenile, staff shall facilitate the juvenile's unimpeded access to the
Commission to report allegations under subsection (a) of this section.
All residents in the KCJC shall be protected from and have the right to report alleged
abuse, exploitation, neglect or death and discrimination based on race, national origin,
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color, creed, gender, physical handicap, or political beliefs and will have equal access to
programs and activities. Residents will be assured that seeking judicial relief will not be
met with reprisal or penalty and that they can have uncensored, confidential contact by
telephone, in writing, or in person with the TJPC, their probation officer or their legal
representative. All KCJC staff shall be trained on how to report allegations of abuse,
exploitation, neglect and death to the TJPC using the TJPC Incident Report Form or how
to instruct residents on the use of the telephones in the non-contact visitation rooms
accessing the toll-free number, 1 (877) STOP-ANE or 1(877) 786-7263, to TJPC.
The initial resident orientation shall ideally take place upon admittance to the center, but
in no instance longer than 12 hours after admittance. The juvenile service officer shall
review with the resident during orientation various aspects of the program, but shall
specifically cover: program rules; grievance policy; access to health care; and reporting
alleged abuse, neglect, exploitation or death, either in writing or using the toll-free
number and answer any questions he/she might have. The resident shall sign and date
that the initial orientation process was completed upon admittance, or shortly thereafter'..
and that it covered the process of reporting allegations of abuse, neglect, exploitation or
death, either in writing or by use of the TJPC toll-free number. Arrangements will be
made on a case-by-case basis for those residents admitted that speak a language other
than English.
Toll Free Call Line procedures:
A resident wishing to report alleged abuse, neglect, exploitation or death utilizing the
TJPC toll-free number, 1 (877) STOP-ANE or 1(877) 786-7263, shall: advise the
supervising juvenile service officer of their intent to use the TJPC toll-free number; the
supervising juvenile service officer may inquire whether the matter may be handled in
writing; if the resident decides the matter can be handled in writing they shall inform the'
supervising juvenile service officer of the nature of their complaint (abuse, neglect,
exploitation or death) and submit a written statement of their complaint; the supervising
juvenile service officer shall then complete a TJPC Incident Report Form and Fax it
within 24 hours; if the resident is insistent on using the toll-free number, then the
supervising juvenile service officer shall escort the resident to either intake or non-
contact visitation room/library that contain the toll-free telephones, if such an action does
not disrupt regular programming or place the facility in a security risk; the supervising
juvenile service officer shall escort the resident into either of the non-contact visitation
rooms and explain the process of utilizing the phone; the juvenile supervision officer
shall then exit the non-contact visitation room\library allowing the resident free and
confidential access to the TJPC for reporting the allegation; the supervising juvenile
service officer shall only interrupt the residents contact if they hear or observe the
resident trying to harm themselves or they try to destroy KCJC property; once the
resident has completed their phone contact, the supervising juvenile service officer shall
escort the resident back to their appropriate room.
2.10 PARENTAL NOTIFICATION
358.460 -Parental Notification.
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(a) Notification, or diligent efforts to notify, shall be made to the parents, guardians and
custodians of a juvenile who has died or who is the alleged victim of alleged abuse, neglect
or exploitation.
(b) The notification, or the diligent efforts to make the notification under subsection (a) of
this section, shall be made as soon as possible, but no later than 24 hours from the time a
person gains knowledge of or suspects the alleged abuse, neglect, exploitation or death
occurred.
(c) The notification under subsection (a) of this section shall be made by phone, in writing Qr
in person by the administrator or designee.
(d) The notification, or the diligent efforts to make the notification under subsection (a) of
this section, shall be documented on the Commission's Incident Report Form or in the
internal investigation report.
Suspected incidents of abuse, neglect, exploitation or death, whether they occurred prior
to admission or during the juveniles stay, shall be reported within 24 hours of staff
becoming aware of the incident to the parent(s), guardian(s), or custodian(s) of the
resident. Notification of the allegation should be made by the shift supervisor, acting
shift supervisor, Assistant Facility Administrator/Investigator or the Facility Administrator
within the designated timeframe, but may be made by any staff member within the
designated timeframe and should be attempted by phone, in writing or in person. If no
contact can be made with a parent, guardian, or custodian within the designated
timeframe by any of these methods then a notation documenting the method(s)
attempted shall accompany the TJPC Incident Report Form detailing the method(s) of
contact attempted, date, time and result. Additionally, documentation of parental
notification attempt should be included in the internal investigation report.
2.11 SIGNAGE
358.480 - Signage.
(a) Departments, programs and facilities shall prominently display signage provided by the
Commission regarding azero-tolerance policy concerning abuse of juveniles.
(b) Signage under subsection (a) of this section shall be posted in all of the following places:
(1) Lobby or visitation areas of the department, program or facility to which the public
has access;
(2) Youth housing and common areas;
(3) Common medical treatment areas;
(4) Common educational areas; and
(5) Other common areas.
(c) Signage under subsection (a) of this section shall be posted in both English and Spanish.
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The KCJC shall prominently display signage provided by the TJPC regarding azero-
tolerance policy concerning abuse, neglect and exploitation. At a minimum the Public
and Professional notices signage shall be posted in both English and Spanish in the
following areas: public lobby, administrative, training, housing, visitation, medical,
educational and common areas of the KCJC detailing contact information in regards to
reporting abuse, neglect and exploitation.
2.12 SERIOUS PHYSICAL ABUSE AND SEXUAL ABUSE
358.500 -Serious Physical Abuse and Sexual Abuse.
(a) Any person who witnesses, learns of, receives an oral or written statement from an
alleged victim or other person with knowledge or who has a reasonable belief as to the
occurrence of alleged serious physical abuse or sexual abuse involving a juvenile shall report
to the Commission and local law enforcement.
(b) Time to Report.
(1) A report of alleged serious physical abuse or sexual abuse under subsection (a) of this
section shall be made to local law enforcement immediately, but no later than one (1)
hour from the time a person gains knowledge of or suspects the alleged serious physical
abuse or sexual abuse; and
(2) A report of alleged serious physical abuse or sexual abuse under subsection (a) of this
section shall be made to the Commission immediately, but no later than four (4 hours
from the time a person gains knowledge of or suspects the alleged serious physical abuse
or sexual abuse.
(c) Methods for Reporting Serious Physical Abuse and Sexual Abuse.
(1) The initial report shall be made by phone to law enforcement;
(2) The initial report shall be made by phone to the Commission using the toll-free
number as designated by the Commission; and
(3) Within 24 hours of the report by phone of alleged serious physical abuse or sexual
abuse, the completed Incident Report Form shall be submitted to the Commission by fax
or e-mail.
Suspected incidents of serious physical abuse or sexual abuse, whether they occurred
prior to admission or during the juveniles stay, shall initially be reported immediately by
phone but no later than 1 hour of staff becoming aware of the incident with the Kerr
County Sheriff Department. Additionally, a report of alleged serious physical abuse or
sexual abuse shall be made immediately but no later than 4 hours of staff becoming
aware of the incident to the TJPC by phone using the designated toll-free number, 1
(877) STOP-ANE or 1(877) 786-7263. Any KCJC staff having knowledge of the incident
shall provide written documentation of their knowledge. The shift supervisor, acting shift
supervisor, Assistant Facility Administrator/Investigator or the Facility Administrator is
responsible for faxing or e-mailing the TJPC Incident Report Form within 24 hours of the
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initial report by phone, but may be made by any staff member within the designated
timeframe. A copy of the FAX transmittal ore-mail confirmation should be kept with the
original report.
If law permits, the Assistant Facility Administrator/Investigator, or designee, shall initiate
a thorough investigation and suggest appropriate disciplinary action which may include
suspension, dismissal, and/or criminal prosecution for any allegations made against
KCJC personnel. Additionally, the Facility Administrator or Assistant Facility
Administrator/Investigator may initiate disciplinary action with the TJPC under section
349.21(a). Any person making a good faith report should have immunity from any
liability, civil or criminal, that might otherwise be incurred or imposed. Failure to report
known or suspected child abuse is an offense punishable by a fine or imprisonment. In
addition, a person who fails to report suspected child abuse might be held liable for civil
action. Public and Professional notices shall be posted in the public, administrative,
housing educational and common areas of the KCJC detailing contact information in
regards to reporting abuse, neglect and exploitation.
2.13 DEATH
358.600 -Death.
(a) The administrator or designee shall report to the Commission and local law enforcement'
the death of a juvenile that:
(1) Occurs on the premises of a department, program, facility; or
(2) Emanates from an illness, incident or injury that occurred, was discovered or reported
on the premises of a department, program or facility; or
(3) Occurs while in the presence of a department, program or facility employee, intern,
volunteer, contractor or service provider, regardless of the location.
(b) Time to Report.
(1) A report of a death shall be made to local law enforcement immediately, but no later
than one (1 hour of the discovery or notification of the death; and
(2) A report of a death shall be made to the Commission immediately, but no later than
four (4) hours from the discovery or notification of the death.
(c) Methods for Reporting Death.
(I) The initial report shall be made by phone to law enforcement;
(2) The initial report shall be made by phone to the Commission using the toll-free
number as designated by the Commission; and
(3) Within 24 hours of the report by phone of the death of a juvenile the completed
Incident Report Form shall be submitted to the Commission by fax or a-mail.
Incidents of resident death, whether it occurred on the premises of the KCJC or
emanates from an illness, incident or injury that occurred, was discovered or reported on
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the premises, or while in the presence of a department, program, or facility employee,
volunteer, contract service provider, regardless of location shall initially be reported
immediately by phone but no later than 1 hour of staff becoming aware of the death with
the Kerr County Sheriff Department. Additionally, a report of resident death shall be
made immediately but no later than 4 hours of staff becoming aware of the death to the
TJPC by phone using the designated toll-free number, 1 (877) STOP-ANE or 1(877)
786-7263. Any KCJC staff having knowledge of the death shall provide written
documentation of their knowledge. The shift supervisor, acting shift supervisor,
Assistant Facility Administrator/Investigator or the Facility Administrator is responsible
for faxing or e-mailing the TJPC Incident Report Form within 24 hours of the initial report
by phone, but may be made by any staff member within the designated timeframe. A
copy of the FAX transmittal ore-mail confirmation should be kept with the original report.
If law permits, the Assistant Facility Administrator/Investigator, or designee, shall initiate
a thorough investigation and suggest appropriate disciplinary action which may include
suspension, dismissal, and/or criminal prosecution for any allegations made against
KCJC personnel. Additionally, the Facility Administrator, Assistant Facility
Administrator/Investigator may initiate disciplinary action with the TJPC under section
349.21(a). Any person making a good faith report should have immunity from any
liability, civil or criminal, that might otherwise be incurred or imposed. Failure to report
known or suspected child abuse is an offense punishable by a fine or imprisonment. In
addition, a person who fails to report suspected child abuse might be held liable for civil
action. Public and Professional notices shall be posted in the public, administrative,
housing educational and common areas of the KCJC detailing contact information in
regards to reporting abuse, neglect and exploitation.
2.14 CUSTODIAL DEATH INVESTIGATION IN A FACILITY
358.620 -Upon the death of a juvenile residing in a facility, the administrator shall:
{1) In accordance with Texas Code of Criminal Procedure Article 49.I8(b) conduct an
investigation of the death; and
(2) The investigation shall be conducted in accordance with 358.700 of this chapter.
In cases of juvenile death at the KCJC, an investigation into the circumstances of the
death shall be conducted by the Facility Administrator and a copy forwarded to the state
attorney general's office within 30 calendar days of the juvenile's death and a copy
forwarded to the TJPC within 10 calendar days of completion of the investigation. The
investigation, at a minimum, should contain documentation of a good faith effort at
determining the relevant facts in relation to the death. Additionally, an internal
investigation shall be conducted into the circumstance of the death of a resident in
accordance with 358.700 of this chapter. A copy of both reports shall be placed in the
residents file and one maintained in a central file at the KCJC.
2.15 CUSTODIAL DEATH INVESTIGATION REPORT
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358.640 -Upon the conclusion of the internal investigation of the custodial death of a juvenile in
a facility, the administrator shall:
(1) In accordance with Texas Code of Criminal Procedure Article 49.18(b), file a written
report of the cause of death with the state Attorney General no later than 30 days after the
juvenile's death;
(2) Submit a copy of the death investigation report in paragraph (1) of this section to the
Commission within 10 calendar days of completion; and
(3) Complete an internal investigation report in accordance with 358.800 of this chapter.
In cases of juvenile death at the KCJC, an investigation into the circumstances of the
death shall be conducted by the Facility Administrator and a copy forwarded to the state
attorney general's office within 30 calendar days of the juvenile's death and a copy
forwarded to the TJPC within 10 calendar days of completion of the investigation. The
investigation, at a minimum, should contain documentation of a good faith effort at
determining the relevant facts in relation to the death. Additionally, an internal
investigation report shall be conducted into the circumstance of the death of a resident in
accordance with 358.800 of this chapter. A copy of both reports shall be placed in the
residents file and one maintained in a central file at the KCJC.
2.16 CUSTODIAL DEATH INVESTIGATION IN A DEPARTMENT OR PROGRAM
358.660 -Upon the death of a juvenile in custody that occurs in a department or program as
described under 358.600(a) of this chapter, the administrator or designee shall:
(1) Initiate an internal investigation in accordance with 358.700 of this chapter; and
(2) Upon the conclusion of the internal investigation, complete an internal investigation
report in accordance with 358.800 of this chapter.
In cases of custodial death at the KCJC or during a KCJC program, an internal
investigation shall be conducted by the Facility Administrator, or designee, into the
circumstance of the custodial death of a juvenile in accordance with 358.700 of this
chapter and complete an internal investigation report in accordance with 358.800 of this
chapter. The internal investigation, at a minimum, should contain documentation of a
good faith effort at determining the relevant facts in relation to the death. A copy of the
internal investigation report shall be placed in the juveniles file and one maintained in a
central file at the KCJC.
2.17 NON-CUSTODIAL DEATH INVESTIGATION IN A DEPARTMENT OR
PROGRAM
358.680 -Upon the death of a juvenile not in custody that occurs in a department or Program as
described under 358.600(a) of this chapter, the administrator or designee shall:
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(I) Initiate an internal investigation in accordance with 358.700 of this chapter; and
(2) Upon the conclusion of the internal investigation, complete an internal investigation
report in accordance with 358.800 of this chapter.
In cases of non-custodial death at the KCJC or during a KCJC program, an internal
investigation shall be conducted by the Facility Administrator, or designee, into the
circumstance of the non-custodial death of a juvenile in accordance with 358.700 of this
chapter and complete an internal investigation report in accordance with 358.800 of this
chapter. The internal investigation, at a minimum, should contain documentation of a
good faith effort at determining the relevant facts in relation to the non-custodial death.
A copy of the internal investigation report shall be placed in the juveniles file and one
maintained in a central file at the KCJC.
SECTION C -INTERNAL INVESTIGATION
3.1 INTERNAL INVESTIGATION
358.700 -Internal Investigation.
(a) An internal investigation shall be conducted by a person qualified by experience or
training to conduct a comprehensive investigation in cases in which abuse, neglect,
exploitation or death is alleged to have occurred.
(b) Departments, programs and facilities shall have written policies and procedures for
conducting internal investigations of alleged abuse, neglect, exploitation and death.
(c) The internal investigation shall be conducted in accordance with the policies and
procedures of the department, program or facility.
(d) The internal investigation shall be initiated immediately upon the administrator or
designee gaining knowledge of the alleged abuse, neglect, exploitation or death. However,
the initiation of the internal investigation shall be postponed i£
(1) Directed by law enforcement;
(2) Requested by the Commission; or
(3) Initiating the internal investigation compromises the integrity of a potential crime
scene.
(e) The internal investigation shall be completed within 30 business days of the initial report'.
to the Commission. The Commission may extend this timeframe upon request. If an
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extension is granted, the Commission may request submission of all information compiled to
date or a statement of the status of the investigation.
After the statutorily designated authority (TJPC) has been notified of alleged abuse,
neglect, exploitation or death, an internal investigation into the allegation or death will be
immediately initiated by the Assistant Facility Administrator/Investigator or another
person, qualified by experience or training, designated by the Facility Administrator. The
internal investigation process will be continued to completion by the designated
investigator unless: directed by law enforcement; at the request of the TJPC; or if the
continued investigation could compromise the integrity of a potential crime scene. The
internal investigation should be completed within 30 business days, unless an extension
has been requested and granted by the TJPC.
Internal Investigation procedures:
1. The Facility Administrator or Assistant Facility Administrator/Investigator shall
be immediately notified of all serious incidents and alleged or suspected
incidents of abuse, neglect, exploitation or death.
2. The Assistant Facility Administrator/Investigator, or designee, shall make a
good faith effort to determine the facts surrounding the incident.
3. Any person alleged to be the perpetrator of abuse, neglect or exploitation will
either be reassigned to another position having no contact with residents, the
alleged victim or the alleged victim's family or will be put on administrative
leave until the conclusion of the internal investigation.
4. The KCJC shall take appropriate measures to provide for the safety of any
alleged victim(s) (medical treatment provided, if necessary).
5. The Assistant Facility Administrator/Investigator or designated investigator
shall record the facts surrounding the incident in an internal investigation
report.
6. A copy of the internal investigation report and its
conclusions/recommendations shall be submitted to TJPC, via the Facility
Administrator, within five calendar days of its completion.
7. A copy of the internal investigation report should be placed in the resident(s)
file, the alleged perpetrators file and a central file at the KCJC.
3.2 REASSIGNMENT OR ADMINISTRATIVE LEAVE DURING THE INTERNAL
INVESTIGATION
358.720 -Reassignment or Administrative Leave During the Internal Investigation.
(a) Upon gaining knowledge of alleged abuse, neglect or exploitation, and until the finding of
the internal investigation is determined, the administrator or designee shall immediately place
any person alleged to have abused, neglected or exploited a juvenile on administrative leave.
or reassign the person to a position having no contact with the alleged victim, relatives of the
alleged victim, or other juveniles.
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(b) If during the internal investigation the person(s) alleged to have abused, neglected or
exploited a juvenile resigns or is terminated from employment, the Commission shall be
notified no later than the second business day after the resignation or termination.
(c) If an individual under subsection (b) of this section obtains employment in another
jurisdiction prior to the finding of the internal investigation being determined, the person(s)
under investigation shall not be placed in a position having any contact with any juveniles
until the disposition of the internal investigation is finalized in the county of previous
employment.
Any person alleged to be the perpetrator of abuse, neglect or exploitation will either be
reassigned to another position having no contact with residents, the alleged victim or the
alleged victim's family or will be put on administrative leave until the conclusion of the
internal investigation. If the person alleged to be the perpetrator of abuse, neglect or
exploitation resigns or is terminated from employment the Assistant Facility
Administrator/Investigator, or designee, shall promptly, but no later than two business
days, notify the TJPC of the alleged perpetrators employment status.
If an individual applies for a position with the KCJC, and has a pending investigation with
another department, facility, or agency, that person will not be hired until the completion.
of the internal investigation which results in the person being found to have not been the
perpetrator of abuse, neglect or exploitation.
3.3 WRITTEN AND ELECTRONICALLY RECORDED STATEMENTS
358.740 -During the internal investigation, diligent efforts shall be made to obtain written or
electronically recorded oral statements from all persons with direct knowledge of the alleged
incident.
The Assistant Facility Administrator/Investigator, or other designated investigator, should
make a diligent effort to obtain written or electronically recorded oral statements from all
persons with direct knowledge of the alleged incident. Assistance shall be given to
those individuals that have problems with written statements and their statements shall
be notarized for authenticity. Arrangements will be made on a case-by-case basis for
those residents admitted that speak a language other than English.
3.4 COUNTY COMMISSIONERS RESPONSIBILITIES
358.760 - If the administrator is the person alleged to have abused, neglected or exploited a
juvenile and the administrator is the highest ranking department, program or facility official, the
county commissioners shall:
(1) Conduct the internal investigation in accordance with 358.700 of this chapter; or
(2) Appoint an individual to conduct the internal investigation in accordance with 358.700 of
this chapter who is not one of the following:
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(A) The person alleged to have abused, neglected or exploited a juvenile;
(B) A subordinate of the person alleged to have abused, neglected or exploited a juvenile;
or
(C) A law enforcement officer currently acting in the capacity as a criminal investigator
for the alleged abuse, neglect, exploitation or death of a juvenile.
If the Facility Administrator is alleged to be a perpetrator of abuse, neglect or
exploitation, then the Chairman of the Kerr County Commissioners Court, as authorized
by majority vote of the entire Commissioners Court on an annual basis, shall:
1. Conduct, or appoint a third party who is not: the alleged perpetrator; a
subordinate of the alleged perpetrator; or a law enforcement officer currently
acting in the capacity as a criminal investigator in the case, to conduct the
internal investigation in accordance with 358.700;
2. Place the Facility Administrator on administrative leave or reassign him/her to
another position having no contact with residents, the alleged victim or the
alleged victim's family; and
3. If the Facility Administrator is placed on administrative leave, then assign
another person to perform the duties of the Facility Administrator.
Internal Investigation procedures concerning the Facility Administrator:
1. The Chairman of the Kerr County Commissioners Court shall be immediately
notified of all alleged or suspected incidents of child abuse, neglect or
exploitation involving the Facility Administrator.
2. The Chairman of the Kerr County Commissioners Court, or designee, shall
make a good faith effort to determine the facts surrounding the incident.
3. The Facility Administrator alleged to be the perpetrator of abuse, neglect or
exploitation will either be reassigned to another position having no contact
with residents, the alleged victim or the alleged victim's family or will be put
on administrative leave until the conclusion of the investigation.
4. The Chairman of the Kerr County Commissioners Court, or designee, shall
take appropriate measures to provide for the safety of any alleged victim(s)
(medical treatment provided, if necessary).
5. The designated investigator shall record the facts surrounding the incident in
an internal investigation report.
6. A copy of the internal investigation and its conclusions/recommendations
shall be submitted to TJPC, via the Chairman of the Kerr County
Commissioners Court, within five calendar days of its completion.
7. A copy of the internal investigation should be placed in the resident(s) file,
the alleged perpetrators file and a central file at the KCJC.
3.5 CORRECTIVE MEASURES
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358.780 - At the conclusion of the internal investigation, the governing board, the juvenile board,
administrator or designee shall take appropriate corrective measures, if warranted, that may
include, but are not limited to:
(1) A review of the policies and procedures pertinent to the alleged incident;
(2) Revision or modification of any policies or procedures as needed;
(3) Administrative disciplinary action or appropriate personnel actions against all persons
found to have abused, neglected or exploited a juvenile; and
(4) The provision of additional training for all appropriate persons to ensure the safety of the
juveniles, employees, interns, volunteers, contractors and service providers.
At the conclusion of the internal investigation, the Chairman of the Commissioners
Court, facility administrator or designee shall suggest corrective measures, if necessary.
The corrective measures may include, but not be limited to: review of applicable policy
and procedure; revision/modification of any applicable policy and procedure; employee
administrative/disciplinary action; training/re-training suggestions; or any other
recommendation for personnel/program improvement.
3.6 INTERNAL INVESTIGATION REPORT
358.800 - An internal investigation report shall be completed at the conclusion of all internal
investigations resulting from alleged abuse, neglect, exploitation or death of a juvenile.
A written internal investigation report shall be completed in all instances of alleged
abuse, neglect, exploitation or death at the KCJC.
3.7 INTERNAL INVESTIGATION REPORT COMPONENTS
358.820 -The internal investigation report shall include:
(1) The date the internal investigation was initiated;
(2) The date the internal investigation was completed;
(3) The date the alleged victim's parent, guardian or custodian was notified of the allegation,
or documentation that diligent efforts to provide the notification were made;
(4) A summary of the original allegation;
(5) Relevant policies and procedures related to the incident;
(6) A summary or listing of the steps taken during the internal investigation;
23
(7) A written summary of the content of all oral interviews conducted;
(8) A listing of all evidence collected during the internal investigation, including all audio
and/or video recordings, polygraph examinations, etc.;
(9) Relevant findings of the investigation that support the disposition;
(10) The assigned disposition of the internal investigation:
(A) Founded;
(B) Unfounded; or
(C) Inconclusive.
(11) The administrative disciplinary action or corrective measures taken to date, if applicable
(e.g., termination, suspension, retrained, returned to duty or none, etc.);
(12) The date the internal investigation report was completed;
(13) The names of all persons who participated in conducting the internal investigation; and
(14) The name and signature of the person who submitted the internal investigation report.
An KCJC internal investigation report should consist of the following:
1. Dates internal investigation started and was completed.
2. Date that the parent, guardian or custodian was notified of the allegation or
documentation of a diligent effort to provide notification.
3. Summary of the allegation/incident/complaint.
4. Identification of the person(s) involved.
5. Synopsis of the event(s) leading up to and following the incident (Who, What,
Where, When, Why & How).
6. Summary or listing of the steps taken during the internal investigation.
7. Applicable policy and procedure.
8. Witness statement(s) and summary of the content of any oral interview(s)
9. Listing of evidence collected.
10. Summary of investigation findings and supporting documentation.
11. Assigned disposition: founded, unfounded or inconclusive.
12. Determination of employee negligence and personnel action, if any.
13. Code of Ethics violation(s).
14. Recommendations of corrective action(s).
15. Name and Signature of person completing the investigation.
16. Name and Signature of person submitting the investigation.
3.8 SUBMISSION OF INTERNAL INVESTIGATION REPORT
358.840 -Submission of Internal Investigation Report.
24
(a) A copy of the internal investigation report shall be submitted to the Commission within
five calendar days following its completion.
(b) The following documentation collected during the internal investigation shall be
submitted to the Commission with the internal investigation report:
(1) Written statements;
(2) Relevant medical documentation, if the release is authorized bylaw;
(3) Training records, if applicable; and
(4) Any other documentation used to reach the disposition of the internal investigation.
The internal investigation should be completed within 30 business days, unless an
extension has been requested and granted by the TJPC. A copy of the internal
investigation report, containing the component outlined in 358.820, shall be submitted to
the TJPC within five calendar days of completion of the internal investigation.
Additionally, a copy of any written statements, relevant medical documentation,
employee training records, or any other documentation used to reach a disposition may
be forwarded to the TJPC with the internal investigation report.
3.9 COOPERATION WITH COMMISSION INVESTIGATION
358.900. Cooperation with Commission Investigation.
(a) The county commissioners, administrator or designee shall fully and promptly cooperate
with a Commission investigation of alleged abuse, neglect, exploitation or death of a juvenilia
by providing all evidence requested by the Commission in the format requested.
(b) All persons shall fully cooperate with any investigation of alleged abuse, neglect,
exploitation or death of a juvenile.
(c) The county commissioners, administrator or designee shall make a diligent effort to
identify and make available for questioning all persons with knowledge of alleged abuse,
neglect, exploitation or death which is the subject of a Commission investigation.
All KCJC staff members, volunteers, and interns shall fully cooperate with any
TJPC investigation of alleged abuse, neglect, exploitation or death. The Kerr
County Commissioners Court shall be notified by the TJPC of their need to
cooperate with an investigation, as needed. Any person alleged to have
committed abuse, neglect, or exploitation shall cooperate with an investigation,
but shall maintain their 5th Amendment right to remain silent.
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3.10 REDACTION OF RECORDS
358.920 -Redaction of Records.
(a) The subject of investigation may request that his or her identifying information be
redacted from the Commission's records if:
(1) The Commission's final disposition of the case in which the subject of investigation
was involved is "Ruled Out' ;
(2) The subject of investigation submits the request for redaction in writing to the
Commission's Legal Division;
(3) The subject of investigation submits the request for redaction within 30 calendar days
of the last day of the corresponding limitation period described in subsection (b) of this
section;
(4) The subject of investigation has been continuously employed within the Texas
juvenile justice system for the time period as specified in subsection (b) of this section;
and
(5) The subject of investigation has not been named as the subject of investigation in a
subsequent case of abuse, neglect or exploitation.
(b) A request for redaction may only be made if all requirements of subsection (a) of this
section are met and i£
(1) Two years has expired from the date of the Commission's final disposition of "Ruled
Out", and if, notwithstanding aviolation of the Texas Administrative Code, the
investigation of the alleged abuse, neglect or exploitation did not produce evidence of a
violation of laws of this state or of the United States;
(2) Three years has expired from the date of the Commission's final disposition of "Ruled
Out", if the allegation does not meet the elements of paragraph (1) or (3) of this
subsection; or
(3) Five years has expired from the date of the Commission's final disposition of "Ruled
Out", if the allegation involved serious physical abuse as defined in 358.100(22) of this
chapter or sexual conduct as defined in 358.100(23)-(25) of this chapter.
Any KCJC employee considered a subject of investigation may request a redaction of
records under the terms of this section. The request for a redaction of records is the
employee's responsibility.
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