Current through Reg. 50, No. 13; March 28, 2025
(a) The service provider agency must:
(1) ensure that a designated resident and LAR
are, before initiation of IHSS and at least annually thereafter:
(A) informed of how to report allegations of
abuse, neglect, or exploitation to DFPS Statewide Intake and are provided with
the toll-free telephone number in writing; and
(B) educated about protecting the designated
resident from abuse, neglect, and exploitation;
(2) ensure that each staff member, individual
service provider, and volunteer are:
(A)
trained and knowledgeable of:
(i) acts that
constitute abuse, neglect, and exploitation;
(ii) signs and symptoms of abuse, neglect,
and exploitation; and
(iii) methods
to prevent abuse, neglect, and exploitation;
(B) instructed to report to DFPS Statewide
Intake immediately, but not later than one hour after having knowledge or
suspicion, that a designated resident has been or is being abused, neglected,
or exploited, by:
(i) calling the DFPS Abuse
Hotline toll-free telephone number; or
(ii) using the DFPS Abuse Hotline website;
and
(C) provided with the
instructions described in subparagraph (B) of this paragraph in writing;
and
(3) conduct the
activities described in paragraph (2)(A) - (C) of this subsection before a
staff member, individual service provider, or volunteer begins job duties and
at least annually thereafter.
(b) If a service provider agency staff
member, individual service provider, volunteer, or controlling person knows or
suspects a designated resident is being or has been abused, neglected, or
exploited, the service provider agency must report or ensure that the
individual with knowledge or suspicion reports the allegation of abuse,
neglect, or exploitation to DFPS Statewide Intake immediately, but not later
than one hour after having knowledge or suspicion, by:
(1) calling the DFPS Abuse Hotline toll-free
telephone number; or
(2) using the
DFPS Abuse Hotline website.
(c) If a report required by subsection (b) of
this section alleges abuse, neglect, or exploitation by an individual who is
not an individual service provider, staff member, volunteer, or controlling
person, the service provider agency must:
(1)
obtain emergency medical or psychological services, as necessary, for the
designated resident, if the designated resident is in the service provider
agency's care;
(2) take necessary
actions to secure the safety of the designated resident;
(3) when taking the actions described in
paragraphs (1) and (2) of this subsection, avoid compromising the investigation
or further traumatizing the designated resident; and
(4) preserve and protect evidence related to
the allegation.
(d) If a
report required by subsection (b) of this section alleges abuse, neglect, or
exploitation by an individual service provider, staff member, volunteer, or
controlling person; or if the service provider agency is notified by HHSC of an
allegation of abuse, neglect, or exploitation by an individual service
provider, staff member, volunteer, or controlling person, the service provider
agency must:
(1) obtain emergency medical or
psychological services and assist in obtaining ongoing medical or psychological
services for the designated resident, as necessary;
(2) take necessary actions to secure the
safety of the designated resident, including ensuring that the alleged
perpetrator does not have contact with the designated resident or any other
individual receiving services from the service provider agency until HHSC
completes the investigation;
(3)
avoid compromising the investigation or further traumatizing the designated
resident when taking the actions described in paragraphs (1) and (2) of this
subsection;
(4) preserve and
protect evidence related to the allegation; and
(5) notify, as soon as possible, but no later
than 24 hours after the service provider agency reports or is notified of the
allegation, the designated resident, the LAR, the habilitation coordinator, and
the NF of:
(A) the allegation report;
and
(B) the actions the service
provider agency has taken or will take based on the allegation, the condition
of the designated resident, and the nature and severity of any harm to the
designated resident, including the actions required by paragraph (2) of this
subsection.
(e)
During an HHSC investigation of an alleged perpetrator who is an individual
service provider, staff member, volunteer, or controlling person, the service
provider agency must:
(1) cooperate with the
investigation as requested by HHSC, including providing documentation and
participating in an interview;
(2)
provide HHSC access to:
(A) sites owned,
operated, or controlled by the service provider agency;
(B) designated residents, individual service
providers, staff members, volunteers, and controlling persons; and
(C) records pertinent to the investigation of
the allegation;
(3)
ensure that staff members, individual service providers, volunteers, and
controlling persons comply with paragraphs (1) and (2) of this subsection;
and
(4) ensure that, if the Chief
Executive Officer (CEO) is named as an alleged perpetrator of abuse, neglect,
or exploitation of a designated resident, an alternate to the CEO acts as the
contact in an HHSC investigation and complies with subsections (d) - (g) of
this section.
(f) After
the service provider agency receives a final investigative report from HHSC for
an investigation described in subsection (e) of this section, the service
provider agency must:
(1) review the report,
including any concerns and recommendations by HHSC, and:
(A) if the allegation of abuse, neglect, or
exploitation is confirmed by HHSC, take action within the service provider
agency's authority to prevent the reoccurrence of abuse, neglect or
exploitation, including disciplinary action against the individual service
provider, staff member, or volunteer confirmed to have committed abuse,
neglect, or exploitation; or
(B) if
the allegation of abuse, neglect, or exploitation is unconfirmed, inconclusive,
or unfounded, take appropriate action within the service provider agency's
authority, as necessary;
(2) immediately, but not later than five
calendar days after the date the service provider agency receives the HHSC
final investigative report:
(A) notify the
designated resident, the LAR, the habilitation coordinator, and the NF of:
(i) the investigation finding; and
(ii) the action taken by the service provider
agency in response to the HHSC investigation as required by paragraph (1)(A)
and (B) of this subsection; and
(B) notify the designated resident or LAR of:
(i) the process to appeal the investigation
finding as described in Chapter 711, Subchapter J of this title (relating to
Appealing the Investigation Finding); and
(ii) the process for requesting a copy of the
investigative report from the service provider agency; and
(3) provide a copy of the HHSC
final investigative report to the designated resident or LAR upon request,
after removing any information that would reveal the identity of the reporter
or of any designated resident who is not the alleged victim.
(g) The service provider agency
must not retaliate against:
(1) a staff
member, individual service provider, designated resident, or other individual
who files a complaint, presents a grievance, or otherwise provides good faith
information relating to the possible abuse, neglect, or exploitation of a
designated resident; and
(2) a
designated resident because an individual on behalf of the designated resident
files a complaint, presents a grievance, or otherwise provides good faith
information relating to the possible abuse, neglect, or exploitation of a
designated resident.
