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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 98DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER FABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
RULE §98.94Investigations of Complaints

(a) DADS 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 client 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 this criteria must be referred to the Department of Family and Protective Services.

(b) Complaint investigations must include a visit to the facility and consultation with persons thought to have knowledge of the circumstances. If the facility fails to admit DADS staff for a complaint investigation, DADS will seek a probate or county court order for admission. Investigators may request of the court that a peace officer accompany them.

(c) In cases concluded to be physical abuse, the written report of the investigation by DADS must be submitted to the appropriate law enforcement agency.

(d) In cases concluded to be abuse, neglect, or exploitation of a client with a guardian, the written report of the investigation by DADS must be submitted to the probate or county court that oversees the guardianship.


Source Note: The provisions of this §98.94 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749

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