26 Tex. Admin. Code § 554.2008 - Investigations of Incidents and Complaints
(a) In accordance with a memorandum of
understanding between DADS and the Texas Department of Family and Protective
Services (DFPS) (relating to Memorandum of Understanding Concerning Protective
Services for the Elderly), DADS will receive and investigate reports of abuse,
neglect, and exploitation of elderly and disabled persons or other residents
living in facilities licensed under this chapter. In investigating allegations
of abuse and neglect of children residing in facilities, the definitions of
"abuse," "neglect," and "person responsible for a child's care, custody, or
welfare" are those found in §
261.001 of the Texas
Family Code.
(b) DADS will
investigate complaints of abuse, neglect, or exploitation when the act occurs
in the facility, when such licensed facility is responsible for the supervision
of the resident at the time the act occurs, or when the alleged perpetrator is
affiliated with the facility. Complaints of abuse, neglect, or exploitation not
meeting this criteria will be referred to DFPS.
(c) The primary purpose of an investigation
is the protection of the resident. If, before the completion of an
investigation, DADS determines that the immediate removal of the resident is
necessary to protect the resident from further abuse or neglect, DADS will
petition a court to allow the immediate removal of the resident from the
facility.
(d) Investigations under
this section are conducted in accordance with Texas Health and Safety Code,
§
260A.007.
(e) Investigations of reports do not preclude
actions under the provisions of Subchapter V of this chapter (relating to
Enforcement).
(f) If the initial
phase of an incident or complaint investigation concludes that no abuse or
neglect adversely affecting the physical or mental health or welfare of a
resident has occurred, no further investigation will be undertaken.
(g) The individual reporting the alleged
abuse or neglect or other complaint, the resident, the resident's family, any
person designated by the resident to receive information concerning the
resident, and the facility will be notified of the results of DADS
investigation of a reported case of abuse or neglect or other
complaint.
Notes
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