SECTION 358.140. Applicability

(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