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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 749MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER DREPORTS AND RECORD KEEPING
DIVISION 1REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES
RULE §749.503When must a child-placing agency (CPA) report and document a serious incident?

(a) A CPA must report and document the following types of serious incidents involving a child in the CPA's care. The reports must be made to the following entities, and the reporting and documenting must be within the specified timeframes:

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(b) If there is a medically pertinent incident that does not rise to the level of a serious incident, a CPA does not have to report the incident but the CPA must document the incident in the same manner as for a serious incident, as described in §749.511 of this division (relating to How must I document a serious incident?).

(c) If a child returns before the required reporting timeframe outlined in (a)(8) - (10) in Figure: 26 TAC §749.503(a), the CPA is not required to report the absence as a serious incident. Instead, the CPA must document within 24 hours after the CPA becomes aware of the unauthorized absence in the same manner as for a serious incident, as described in §749.511 of this division.

(d) If there is a serious incident involving an allegation of abuse, neglect, or exploitation of an elderly adult or an adult with a disability in a residential child-care operation, the CPA must document the incident in the same manner as a serious incident. The CPA must also report the incident to:

  (1) The Department of Family and Protective Services intake through:

    (A) The Texas Abuse and Neglect Hotline (1-800-252-5400); or

    (B) Online at https://www.txabusehotline.org;

  (2) Law enforcement, if there is a fatality; and

  (3) The parent, if the adult resident is not capable of making decisions about the resident's own care.

(e) A CPA must report and document the following types of serious incidents involving the CPA, one of its foster homes, an employee, professional level service provider, contract staff, or a volunteer to the following entities within the specified timeframe:

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Source Note: The provisions of this §749.503 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective June 1, 2014, 39 TexReg 3730; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective June 1, 2020, 45 TexReg 3329; amended to be effective April 25, 2021, 46 TexReg 2454; amended to be effective April 25, 2022,47 TexReg 2272; amended tobe effective November 23, 2022, 47 TexReg 7728; amended to be effective December 22, 2024, 49 TexReg 9555

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