| (a) HHSC only investigates complaints of abuse, neglect,
or exploitation when the act occurs in the facility, the licensed
facility is responsible for the supervision of the client at the time
the act occurs, or the alleged perpetrator is affiliated with the
facility. HHSC refers complaints of abuse, neglect, or exploitation
not meeting these criteria to the Texas Department of Family and Protective
Services.
(b) Complaint investigations must include a visit to
the facility and consultation with persons thought to have knowledge
of the relevant circumstances. If the facility fails to admit HHSC
staff for a complaint investigation, HHSC seeks a probate or county
court order for admission. Investigators may request of the court
that a peace officer accompany them during investigations.
(c) In cases concluded to be physical abuse, HHSC submits
the written report of the investigation to the appropriate law enforcement
agency.
(d) In cases concluded to be abuse, neglect, or exploitation
of a client with a guardian, HHSC submits the written report of the
investigation to the probate or county court that oversees the guardianship.
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