| (a) In accordance with the memorandum of understanding
(relating to Memorandum of Understanding Concerning Protective Services
for the Elderly), between HHSC and the Texas Department of Family
and Protective Services (DFPS), HHSC receives and investigates reports
of abuse, neglect, and exploitation of elderly and disabled persons
or other residents living in facilities licensed under this chapter.
(b) HHSC only investigates complaints of abuse, neglect,
or exploitation when the act occurs in the facility, when the licensed
facility is responsible for the supervision of the resident at the
time the act occurs, or when the alleged perpetrator is affiliated
with the facility. Other complaints of abuse, neglect, or exploitation
not meeting these criteria must be referred to DFPS.
(c) Complaint investigations include a visit to the
resident's facility and consultation with persons thought to have
knowledge of the circumstances. If the facility fails to admit HHSC
staff for a complaint investigation, HHSC seeks a probate or county
court order for admission. Investigators may request of the court
that a peace officer accompany them.
(d) In cases concluded to be physical abuse, HHSC submits
the written report of the HHSC investigation to the appropriate law
enforcement agency.
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