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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 711INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
SUBCHAPTER ECONDUCTING THE INVESTIGATION
RULE §711.413How are investigations prioritized?

Each investigation is assigned a priority in accordance with the following:

  (1) Priority I reports have a serious risk that a delay in investigation will impede the collection of evidence, or allege that the victim has been subjected to abuse, neglect, or exploitation by act or omission that caused or may have caused serious physical or emotional harm. Priority 1 reports include, but are not limited to, the following:

    (A) Death;

    (B) Sexual abuse;

    (C) Serious physical injury; or

    (D) Verbal/emotional abuse, such as a death threat, or a threat of serious physical or emotional harm; or

    (E) Incitement to harm self or others.

  (2) Priority II reports have some risk that a delay in investigation will impede the collection of evidence, or allege that the victim has been subjected to abuse, neglect, or exploitation by act or omission that caused or may have caused non-serious physical injury, or emotional harm not included in Priority I. Priority II reports include, but are not limited to, the following:

    (A) Non-serious physical injury; or

    (B) Verbal/emotional abuse, such as name-calling, cursing, degrading, or vilifying remarks.

  (3) Priority III reports allege:

    (A) Abuse, neglect, or exploitation that would otherwise be classified as Priority I or II but the alleged incident occurred more than 30 days prior to the date of the report; or

    (B) Exploitation, when it is the only allegation type in the report.

  (4) The following allegations cannot be classified as a Priority III:

    (A) Allegations of abuse, neglect, or exploitation in state supported living centers and the ICF-IID component of the Rio Grande State Center; and

    (B) Allegations involving children.

  (5) If another allegation type occurs in conjunction with exploitation, the report is classified as the more urgent priority.


Source Note: The provisions of this §711.413 adopted to be effective January 1, 2004, 28 TexReg 11345; amended to be effective December 1, 2011, 36 TexReg 6150; amended to be effective November 5, 2017, 42 TexReg 6187; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617

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