Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services
Subchapter C - Abuse, Neglect, And Exploitation At State Facilities
Section 926.109 - During an Investigation

Universal Citation: 26 TX Admin Code § 926.109

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

(a) Immediately after receiving notification of an allegation from a DFPS investigator, the director receiving the notification must take measures to protect the alleged victim of abuse, neglect, or exploitation in accordance with DADS operational procedures.

(b) The director must arrange for immediate and on-going medical and psychological attention for an alleged victim and any other individual involved in the incident, as necessary.

(1) ensure that required reports are made to DFPS, DADS Regulatory Services Division, and law enforcement;

(2) in accordance with the Civil Practice and Remedies Code, Chapter 81, report allegations of sexual exploitation committed by a mental health services provider to the prosecuting attorney in the county where the alleged sexual exploitation occurred and any state licensing board with responsibility for the mental health services provider's licensing; and

(3) notify the following persons of the allegation immediately, but in no case more than 24 hours, after being notified of an allegation:

(A) the alleged victim, unless contraindicated based on clinical evaluation; and

(B) the alleged victim's guardian or primary contact, or parent if the alleged victim is a child.

(d) The director must cooperate with a DFPS investigator by:

(1) preserving and safeguarding evidence, if any, of the alleged abuse, neglect, or exploitation, including taking precautionary measures necessary to prevent physical evidence from loss, destruction, or tampering; and

(2) ensuring the availability of employees, records, keys, private interview space, and a private telephone upon request by the investigator.

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