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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 711INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
SUBCHAPTER ECONDUCTING THE INVESTIGATION
RULE §711.401When does the Investigator notify law enforcement and OIG for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed?

(a) When the provider is a state supported living center, state hospital, or the ICF-IID component of the Rio Grande State Center, the investigator makes the following notifications:

  (1) the investigator notifies law enforcement within one (1) hour of any allegation of abuse, neglect, or exploitation involving a child.

  (2) the investigator notifies law enforcement within one (1) hour of any allegation of abuse, neglect, or exploitation involving an adult believed to constitute a criminal offense under any law.

  (3) the investigator notifies OIG within one (1) hour of any allegation of abuse, neglect, or exploitation involving an individual receiving services believed to constitute a criminal offense under any law.

(b) For all other providers, the investigator notifies law enforcement within 24 hours of any allegation of abuse, neglect, or exploitation involving:

  (1) a child.

  (2) an adult believed to constitute a criminal offense under any law.

(c) As provided in subsection (b) of this section the investigator notifies law enforcement:

  (1) unless the law enforcement agency reported the alleged abuse, neglect, or exploitation to the department; and

  (2) using a method that is mutually agreed upon between DFPS and the law enforcement agency.

(d) For all notifications described in this section, the identity of the reporter is revealed.


Source Note: The provisions of this §711.401 adopted to be effective November 5, 2017, 42 TexReg 6187; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617

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