(a) If the investigator determines that an individual
receiving services from a licensed ICF-IID is in immediate threat
of serious physical harm or death as a result of abuse, neglect, or
exploitation, then the investigator requests that the licensed ICF-IID,
if appropriate, take action to remove the threat of physical harm
or death. In deciding whether it is appropriate to request that the
licensed ICF-IID take action, the investigator considers the following
factors at a minimum:
(1) the ability of the licensed ICF-IID to take action
in a timely manner;
(2) identity of the alleged perpetrator;
(3) location of the licensed ICF-IID site; and
(4) type of action needed to remove the threat.
(b) If the investigator determines that it is not appropriate
to request the licensed ICF-IID to take action or if the licensed
ICF-IID does not respond appropriately to a request, then the investigator
contacts DADS Regulatory division and provides DADS with all information
that DFPS believes makes it necessary for DADS to file a petition
for temporary care and protection of a resident. If DADS determines,
based on information from the DFPS investigator, that immediate removal
is necessary to protect the resident from further abuse, neglect,
or exploitation, DADS will file the petition.
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Source Note: The provisions of this §711.553 adopted to be effective June 1, 2010, 35 TexReg 4180; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617 |