| (a) In accordance with a memorandum of understanding
between DADS and the Texas Department of Family and Protective Services
(DFPS) (relating to Memorandum of Understanding Concerning Protective
Services for the Elderly), DADS will receive and investigate reports
of abuse, neglect, and exploitation of elderly and disabled persons
or other residents living in facilities licensed under this chapter.
In investigating allegations of abuse and neglect of children residing
in facilities, the definitions of "abuse," "neglect," and "person
responsible for a child's care, custody, or welfare" are those found
in §261.001 of the Texas Family Code.
(b) DADS will investigate complaints of abuse, neglect,
or exploitation when the act occurs in the facility, when such 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. Complaints of abuse, neglect, or exploitation not
meeting this criteria will be referred to DFPS.
(c) The primary purpose of an investigation is the
protection of the resident. If, before the completion of an investigation,
DADS determines that the immediate removal of the resident is necessary
to protect the resident from further abuse or neglect, DADS will petition
a court to allow the immediate removal of the resident from the facility.
(d) Investigations under this section are conducted
in accordance with Texas Health and Safety Code, §260A.007.
(e) Investigations of reports do not preclude actions
under the provisions of Subchapter V of this chapter (relating to
Enforcement).
(f) If the initial phase of an incident or complaint
investigation concludes that no abuse or neglect adversely affecting
the physical or mental health or welfare of a resident has occurred,
no further investigation will be undertaken.
(g) The individual reporting the alleged abuse or neglect
or other complaint, the resident, the resident's family, any person
designated by the resident to receive information concerning the resident,
and the facility will be notified of the results of DADS investigation
of a reported case of abuse or neglect or other complaint.
|
| Source Note: The provisions of this §554.2008 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective June 1, 1997, 22 TexReg 3816; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 15, 1998, 23 TexReg 10496; amended to be effective July 1, 2001, 26 TexReg 3824; amended to be effective September 1, 2003, 28 TexReg 6939; amended to be effective October 31, 2013, 38 TexReg 7465; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
