| (a) A complaint is any allegation received by the Texas
Health and Human Services Commission (HHSC) regarding abuse, neglect,
or exploitation of an individual or a violation of state standards.
(b) HHSC must give the individualized skills and socialization
provider notification of the complaint received and a summary of the
complaint, without identifying the source of the complaint.
(c) HHSC investigates complaints of abuse, neglect,
or exploitation when the alleged victim is an individual receiving
services from an individualized skills and socialization provider
and:
(1) the act occurs at the on-site individualized skills
and socialization location;
(2) the act occurs during the provision of off-site
individualized skills and socialization;
(3) the individualized skills and socialization provider
is responsible for the supervision of the individual at the time the
act occurs; or
(4) the alleged perpetrator is affiliated with the
individualized skills and socialization provider.
(d) Complaints of abuse, neglect, or exploitation not
meeting the criteria in subsection (a) of this section must be referred
to the Texas Department of Family and Protective Services.
(e) Complaint investigations must include a visit to
the individualized skills and socialization provider and consultation
with persons thought to have knowledge of the circumstances. If the
individualized skills and socialization provider fails to admit HHSC
staff for a complaint investigation, HHSC will seek a probate or county
court order for admission. Investigators may request of the court
that a peace officer accompany them.
(f) In cases concluded to be physical abuse, the written
report of the investigation by HHSC must be submitted to the appropriate
law enforcement agency.
(g) In cases concluded to be abuse, neglect, or exploitation
of an individual with a guardian, the written report of the investigation
by HHSC must be submitted to the probate or county court that oversees
the guardianship.
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