<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 3RESPONSIBILITIES OF STATE FACILITIES
SUBCHAPTER CABUSE, NEGLECT, AND EXPLOITATION
RULE §3.304During an Investigation

(a) Immediately after receiving notification of an allegation from a DFPS investigator, the director receiving the notification must take measures to protect the alleged victim of abuse, neglect, or exploitation in accordance with DADS operational procedures.

(b) The director must arrange for immediate and on-going medical and psychological attention for an alleged victim and any other individual involved in the incident, as necessary.

(c) The director must:

  (1) ensure that required reports are made to DFPS, DADS Regulatory Services Division, and law enforcement;

  (2) in accordance with the Civil Practice and Remedies Code, Chapter 81, report allegations of sexual exploitation committed by a mental health services provider to the prosecuting attorney in the county where the alleged sexual exploitation occurred and any state licensing board with responsibility for the mental health services provider's licensing; and

  (3) notify the following persons of the allegation immediately, but in no case more than 24 hours, after being notified of an allegation:

    (A) the alleged victim, unless contraindicated based on clinical evaluation; and

    (B) the alleged victim's guardian or primary contact, or parent if the alleged victim is a child.

(d) The director must cooperate with a DFPS investigator by:

  (1) preserving and safeguarding evidence, if any, of the alleged abuse, neglect, or exploitation, including taking precautionary measures necessary to prevent physical evidence from loss, destruction, or tampering; and

  (2) ensuring the availability of employees, records, keys, private interview space, and a private telephone upon request by the investigator.


Source Note: The provisions of this §3.304 adopted to be effective October 6, 2011, 36 TexReg 6511

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page