The purpose of this chapter is to:
(1) implement Human Resources Code (HRC), Chapter 48,
Subchapter F, and Texas Family Code §261.404.
(2) describe:
(A) Adult Protective Services (APS) investigations
of allegations of abuse, neglect, and exploitation involving:
(i) adults or children receiving services from a provider,
as that term is defined in HRC §48.251(9), if the person alleged
or suspected to have committed the abuse, neglect, or exploitation
is a provider;
(ii) adults or children who live in a residence that
is owned, operated, or controlled by a provider in the home and community-based
services (HCS) waiver program described by §534.001(11)(B),
Government Code, regardless of whether the individual is receiving
services under the home and community-based services (HCS) waiver
program; and
(iii) children receiving services from a home and community
support services agency licensed under Chapter 142, Health and Safety
Code, if the person alleged or suspected to have committed the abuse,
neglect, or exploitation is an officer, employee, agent, contractor,
or subcontractor of the home and community support services agency;
and
(B) that APS does not investigate allegations if the
provider alleged or suspected to have committed the abuse, neglect,
or exploitation is operated, licensed, or certified, or registered
by a state agency that has the authority to investigate a report
of abuse, neglect, or exploitation of an individual by the provider;
(3) define abuse, neglect, and exploitation for investigations
conducted under Human Resources Code, Chapter 48, Subchapter F and
Texas Family Code §261.404;
(4) describe procedures for reporting and investigating
allegations; and
(5) implement Human Resources Code, Chapter 48, Subchapter
I, relating to the Employee Misconduct Registry maintained by DADS,
as described in Subchapter O of this chapter (relating to Employee
Misconduct Registry).
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Source Note: The provisions of this §711.1 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2002, 27 TexReg 955; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective September 1, 2012, 37 TexReg 6322; 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 |