| (a) The following words and terms, when used in this
section, have the following meanings, unless the context clearly indicates
otherwise.
(1) Abuse, neglect, and exploitation of a minor have
the meanings assigned in THSC Chapter 260A; and
(2) Employee means an individual directly employed
by a center, a contractor, or a volunteer.
(b) DADS investigates a complaint or an incident of
abuse, neglect, or exploitation when the act occurs at a center, a
center employee is responsible for the care of a minor at the time
the act occurs, or the alleged perpetrator is associated with the
center. A complaint of abuse, neglect, or exploitation that does not
meet these criteria must be referred to the Department of Family
and Protective Services.
(c) A center must adopt and enforce a written policy
relating to the center's procedures for preventing, detecting, and
reporting alleged acts of abuse, neglect, and exploitation of a minor.
(d) A center's employee who has cause to believe that
the physical or mental health or welfare of a minor has been or may
be adversely affected by abuse, neglect, or exploitation must report
the information immediately:
(1) to DADS Consumer Rights and Services section at
1-800-458-9858 or via the DADS website;
(2) to one of the following law enforcement agencies
in accordance with THSC Chapter 260A:
(A) a municipal law enforcement agency, if the center
is located in the territorial boundaries of a municipality; or
(B) the sheriff's department of the county in which
the center is located if a center is not located in the territorial
boundaries of a municipality; and
(3) in accordance with Texas Family Code, §261.101.
(e) The following information must be reported to DADS:
(1) name, age, and address of the alleged victim;
(2) name and address of the person responsible for
the care of the alleged victim;
(3) nature of the alleged act;
(4) nature and extent of the alleged victim's condition;
(5) identity of the alleged perpetrator; and
(6) any other relevant information.
(f) A center must investigate allegations of abuse,
neglect, or exploitation immediately and send a written report of
the investigation using DADS Provider Investigation Report form to
the DADS Complaint Intake Unit no later than five days after the initial
report.
(g) A center must complete DADS Provider Investigation
Report form and include the following information:
(1) incident date;
(2) the alleged victim;
(3) the alleged perpetrator;
(4) any witnesses;
(5) the allegation;
(6) any injury or adverse effect;
(7) any assessments made;
(8) any treatment required;
(9) the investigation summary; and
(10) any action taken.
(h) A center must require an employee, as a condition
of employment with a center, to sign a statement indicating that the
employee may be criminally liable for the failure to report abuse,
neglect, or exploitation.
(i) A center must prominently and conspicuously post
a readable sign for display in a public area accessible to minors,
minors' parents, employees and visitors that reads: "Cases of Suspected
Abuse, Neglect, or Exploitation Shall be Reported to the Department
of Aging and Disability Services by calling 1-800-458-9858."
|
| Source Note: The provisions of this §550.903 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
