(a) If the investigator determines that an adult who
lives in a residence that is owned, operated, or controlled by an
HCS waiver program provider but does not receive HCS waiver services
is in immediate threat of serious physical harm or death as a result
of abuse, neglect, or exploitation, then the investigator requests
that the HCS waiver program provider, if appropriate, take action
to remove the threat of physical harm or death. In deciding whether
it is appropriate to request that the provider take action, the investigator
considers the following factors at a minimum:
(1) ability of the provider to take action in a timely
manner;
(2) identity of the alleged perpetrator;
(3) setting of the service provision; and
(4) type of action needed to remove the threat.
(b) If the investigator determines that it is not appropriate
to request that the HCS waiver program provider take action or if
the HCS waiver program provider does not respond appropriately to
a request, then the investigator utilizes the resources of the APS
In-home staff to provide emergency services necessary to prevent serious
physical harm or death.
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Source Note: The provisions of this §711.555 adopted 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 |