| (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 §559.94 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
