(a) In this section, "serious physical injury" is defined
as in Chapter 711 of this title (relating to Investigations in DADS
and DSHS Facilities and Related Programs).
(b) A program provider that, in accordance with THSC §252.003,
is exempt from licensure under THSC §252.031 must report the
following incidents to DADS Consumer Rights and Services at 1-800-458-9858
within one hour after suspecting or learning of the incident:
(1) alleged (Class I) physical abuse of an individual,
as defined in Chapter 711 of this title, that caused or may have caused
serious physical injury;
(2) alleged (Class I) sexual abuse of an individual,
as defined in Chapter 711 of this title;
(3) sexual activity between individuals resulting from
coercion, physical force, or taking advantage of the disability of
an individual;
(4) sexual activity involving an individual who is
less than 18 years of age;
(5) the pregnancy of an individual;
(6) individual-to-individual aggression that results
in serious physical injury;
(7) the death of an individual; and
(8) the inability to locate an individual if:
(A) the individual's health or safety is at risk; or
(B) the individual's location has been unknown for
more than eight hours.
(c) Within five working days after making a report
described in subsection (b) of this section, the program provider
must:
(1) conduct a thorough investigation of the incident;
and
(2) send a written investigation report on Form 3613A,
Provider Investigation Report, to DADS Consumer Rights and Services.
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Source Note: The provisions of this §261.225 adopted to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |