Current through Reg. 50, No. 13; March 28, 2025
(a) If an employer or DR knows or suspects
that an individual is being or has been abused, neglected, or exploited, the
employer or DR must:
(1) report the knowledge
or suspicion to DFPS:
(A) for an individual
who is in the HCS Program or TxHmL Program, immediately, but not later than one
hour, after having knowledge or suspicion by:
(i) calling the toll-free telephone number,
1-800-647-7418; or
(ii) using the
DFPS website; or
(B) for
an individual who is in the DBMD Program, CLASS Program, PHC Program, CAS
Program, or FC Program, immediately, but not later than 24 hours, after having
knowledge or suspicion by:
(i) calling the
DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
(ii) using the DFPS Abuse Hotline
website;
(2)
take actions to secure the safety of the individual;
(3) obtain immediate and ongoing medical or
psychological services for the individual as necessary;
(4) when taking the actions described in
paragraphs (2) and (3) of this subsection, avoid compromising the investigation
or further traumatizing the individual; and
(5) preserve and protect evidence related to
the allegation.
(b) An
employer or DR must ensure a service provider who knows or suspects that an
individual is being or has been abused, neglected, or exploited, complies with
the reporting requirement in subsection (a)(1)(A) or (B) of this
section.
(c) If an FMSA, a staff
person, or a controlling person knows or suspects that an individual is being
or has been abused, neglected, or exploited, the FMSA must report or ensure
that the person with knowledge or suspicion reports the allegation of abuse,
neglect, or exploitation to DFPS:
(1) for an
individual who is in the HCS Program or TxHmL Program, immediately, but not
later than one hour, after having knowledge or suspicion by:
(A) calling the DFPS Abuse Hotline toll-free
telephone number, 1-800-647-7418; or
(B) using the DFPS Abuse Hotline website;
or
(2) for an individual
who is in the DBMD Program, CLASS Program, PHC Program, CAS Program, or FC
Program, immediately, but not later than 24 hours, after having knowledge or
suspicion by:
(A) calling the DFPS Abuse
Hotline toll-free telephone number, 1-800-252-5400; or
(B) using the DFPS Abuse Hotline
website.
