Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Division 3 - AGENCY ADMINISTRATION
Section 558.249 - Self-Reported Incidents of Abuse, Neglect, and Exploitation
Universal Citation: 26 TX Admin Code ยง 558.249
Current through Reg. 49, No. 38; September 20, 2024
(a) The following words and terms, when used in this section or §558.250 of this division (relating to Agency Investigations), have the following meanings, unless the context clearly indicates otherwise.
(1) Abuse, neglect, and
exploitation--Have the meanings assigned by:
(A) Chapter 711, Subchapter A of this title
(relating to Introduction), if the term is used in connection with alleged
conduct against a child or an adult receiving services from certain providers,
as defined in Texas Human Resources Code §
48.251, or against a
child receiving services from an agency, as that term is defined in this
chapter, whose employee is the alleged perpetrator; or
(B) 40 TAC Chapter 705, Subchapter A
(relating to Definitions), if the term is used in connection with alleged
conduct against an adult, other than as described in subparagraph (A) of this
paragraph.
(2) Adult--A
client who is:
(A) 18 years of age or older;
or
(B) under 18 years of age who:
(i) is or has been married; or
(ii) has had the disabilities of minority
removed pursuant to the Texas Family Code Chapter 31.
(3) Agent--An individual (e.g.,
student, volunteer), not employed by but working under the auspices of an
agency.
(4) Cause to believe--An
agency knows, suspects, or receives an allegation regarding abuse, neglect, or
exploitation.
(5) Child--A client
under 18 years of age who:
(A) is not and has
not been married; or
(B) has not
had the disabilities of minority removed pursuant to the Texas Family Code
Chapter 31.
(6)
Employee--An officer, an individual directly employed by an agency or a
contractor, volunteer, or agent working under the auspices of an
agency.
(b) An agency must adopt and enforce a written policy relating to the agency's procedures for reporting alleged acts of abuse, neglect, and exploitation of a client by an employee of the agency.
(c) If an agency has cause to believe that a client served by the agency has been abused, neglected, or exploited by an agency employee, the agency must report the information immediately, meaning within 24 hours, to:
(1) the Department of Family and Protective
Services (DFPS) at 1-800-252-5400, or through the DFPS secure website at
www.txabusehotline.org;
and
(2) HHSC at
1-800-458-9858.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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