Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
Subchapter C - GENERAL PROVISIONS
Division 8 - RIGHTS AND RESPONSIBILITIES, ADVANCE DIRECTIVES, ABUSE, NEGLECT, AND EXPLOITATION, INVESTIGATIONS, DEATH REPORTING, AND INSPECTION RESULTS
Section 550.903 - Abuse, Neglect, or Exploitation Reportable to DADS

Universal Citation: 26 TX Admin Code § 550.903

Current through Reg. 49, No. 38; September 20, 2024

(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.

(1) Abuse, neglect, and exploitation of a minor have the meanings assigned in THSC Chapter 260A; and

(2) Employee means an individual directly employed by a center, a contractor, or a volunteer.

(b) DADS investigates a complaint or an incident of abuse, neglect, or exploitation when the act occurs at a center, a center employee is responsible for the care of a minor at the time the act occurs, or the alleged perpetrator is associated with the center. A complaint of abuse, neglect, or exploitation that does not meet these criteria must be referred to the Department of Family and Protective Services.

(c) A center must adopt and enforce a written policy relating to the center's procedures for preventing, detecting, and reporting alleged acts of abuse, neglect, and exploitation of a minor.

(d) A center's employee who has cause to believe that the physical or mental health or welfare of a minor has been or may be adversely affected by abuse, neglect, or exploitation must report the information immediately:

(1) to DADS Consumer Rights and Services section at 1-800-458-9858 or via the DADS website;

(2) to one of the following law enforcement agencies in accordance with THSC Chapter 260A:

(A) a municipal law enforcement agency, if the center is located in the territorial boundaries of a municipality; or

(B) the sheriff's department of the county in which the center is located if a center is not located in the territorial boundaries of a municipality; and

(3) in accordance with Texas Family Code, § 261.101.

(e) The following information must be reported to DADS:

(1) name, age, and address of the alleged victim;

(2) name and address of the person responsible for the care of the alleged victim;

(3) nature of the alleged act;

(4) nature and extent of the alleged victim's condition;

(5) identity of the alleged perpetrator; and

(6) any other relevant information.

(f) A center must investigate allegations of abuse, neglect, or exploitation immediately and send a written report of the investigation using DADS Provider Investigation Report form to the DADS Complaint Intake Unit no later than five days after the initial report.

(g) A center must complete DADS Provider Investigation Report form and include the following information:

(1) incident date;

(2) the alleged victim;

(3) the alleged perpetrator;

(4) any witnesses;

(5) the allegation;

(6) any injury or adverse effect;

(7) any assessments made;

(8) any treatment required;

(9) the investigation summary; and

(10) any action taken.

(h) A center must require an employee, as a condition of employment with a center, to sign a statement indicating that the employee may be criminally liable for the failure to report abuse, neglect, or exploitation.

(i) A center must prominently and conspicuously post a readable sign for display in a public area accessible to minors, minors' parents, employees and visitors that reads: "Cases of Suspected Abuse, Neglect, or Exploitation Shall be Reported to the Department of Aging and Disability Services by calling 1-800-458-9858."

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