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Texas Human Resources Code - Chapter 48 Investigations And Protective Services For Elderly And Disabled PersonsLegal Research Home > Texas Lawyer > Human Resources Code > Texas Human Resources Code - Chapter 48 Investigations And Protective Services For Elderly And Disabled Persons The purpose of this chapter is to provide for the authority to investigate the abuse, neglect, or exploitation of an elderly or disabled person and ... (a) Except as otherwise provided under Section 48.251, in this chapter: (1) "Elderly person" means a person 65 years of age or older. (2) "Abuse" ... (a) This chapter does not apply if the alleged or suspected abuse, neglect, or exploitation occurs in a facility licensed under Chapter 242, Health and ... The executive commissioner by rule shall develop and maintain risk assessment criteria for use by department personnel in determining whether an elderly or disabled person ... Notwithstanding Chapter 441, Government Code, or any other law, and subject to the availability of funds, the department shall maintain in an electronic format a ... (a) Subject to the availability of funds, the department shall develop a community satisfaction survey that solicits information regarding the department's performance with respect to ... (a) Except as prescribed by Subsection (b), a person having cause to believe that an elderly or disabled person is in the state of abuse, ... (a) A person commits an offense if the person has cause to believe that an elderly or disabled person has been abused, neglected, or exploited ... A person commits an offense if the person knowingly or intentionally reports information as provided in this chapter that the person knows is false or ... (a) A person filing a report under this chapter or testifying or otherwise participating in any judicial proceeding arising from a petition, report, or investigation ... (a) The following information is confidential and not subject to disclosure under Chapter 552, Government Code: (1) a report of abuse, neglect, or exploitation made ... (a) The department shall send a written report of the department's investigation of alleged abuse, neglect, or exploitation of a disabled adult at a school, ... (a) On determining after an investigation that an elderly or disabled person has been abused, exploited, or neglected by an employee of a home and ... (a) Not later than 24 hours after the department receives a report of an allegation of abuse, neglect, or exploitation under Section 48.051, the department ... An investigation by the department or a state agency shall include an interview with the elderly or disabled person, if appropriate, and with persons thought ... (a) The department shall develop and implement a system to ensure that, to the greatest extent possible, investigations conducted by the department that involve especially ... If during the course of the department's or another state agency's investigation of reported abuse, neglect, or exploitation a caseworker of the department or other ... If the department receives and investigates a report made under Section 48.051, the subject of which is a person with respect to whom the department ... (a) To implement an investigation of reported abuse, neglect, or exploitation, the probate court, or the county court when no probate court exists, may authorize ... (a) The department or state agency, as appropriate, shall have access to any records or documents, including client-identifying information and medical and psychological records, necessary ... (a) A person, including a guardian and notwithstanding Section 675, Texas Probate Code, may not interfere with: (1) an investigation by the department or by ... A protective services agency shall make reports relating to its provision of protective services as the department or a court may require. Added by Acts ... The department shall establish procedures for conducting an internal review of completed investigations conducted by the department under this chapter to: (1) determine whether information ... Except as otherwise provided, this subchapter does not apply to a Texas Department of Mental Health and Mental Retardation investigation under Subchapter F or H. ... (a) In an investigation the department or state agency, as appropriate, shall determine: (1) whether the person needs protective services from the department; (2) what ... (a) An elderly or disabled person may receive voluntary protective services if the person requests or consents to receive those services. (b) The elderly or ... A protective services agency may furnish protective services to an elderly or disabled person with the person's consent or, if the person lacks the capacity ... (a) Subject to the availability of funds, the department shall provide direct protective services or contract with protective services agencies for the provision of those ... If the elderly or disabled person receiving the protective services is determined to be financially able to contribute to the payments for those services, the ... This chapter does not authorize or require any medical treatment of a person who objects on the grounds that he is an adherent or member ... (a) For purposes of this section, a person lacks the capacity to consent to receive protective services if, because of mental or physical impairment, the ... (a) The department shall refer an individual to the Department of Aging and Disability Services for guardianship services under Subchapter E, Chapter 161, if the ... (a) Except as provided by Subsection (b), the prosecuting attorney representing the state in criminal cases in the county court shall represent the department in ... If the elderly or disabled person has a guardian, a written notification of the findings of the investigation shall be sent to the court to ... The department by rule shall adopt definitions of "abuse," "neglect," and "exploitation" to govern an investigation under this subchapter and Subchapter H. Added by Acts ... (a) The department shall receive and investigate reports of the abuse, neglect, or exploitation of an individual with a disability receiving services: (1) in a ... On receipt by the department of a report of alleged abuse, neglect, or exploitation under this subchapter, the department shall initiate a prompt and thorough ... The department shall forward to a state mental health or mental retardation facility, a community center, a mental health authority, a mental retardation authority, or ... (a) The department and the Texas Department of Mental Health and Mental Retardation shall develop joint rules to facilitate investigations in state mental health and ... The department and the Texas Department of Mental Health and Mental Retardation shall jointly develop and implement a single system to track reports and investigations ... (a) If the department receives a report under this section relating to an elderly or disabled person in a facility operated, licensed, certified, or registered ... The Health and Human Services Commission shall review and approve the rules to ensure that all agencies implement appropriate standards for the conduct of investigations ... (a) The department shall adopt a memorandum of understanding with each state agency that operates, licenses, certifies, or registers a facility in which elderly or ... (a) Each state agency, other than the Texas Department of Mental Health and Mental Retardation, that operates, licenses, certifies, or registers a facility in which ... In this subchapter: (1) "Community center" has the meaning assigned by Section 531.002, Health and Safety Code. (2) "Department facility" means: (A) a facility listed ... (a) The department shall receive and investigate reports of abuse, neglect, or exploitation of an individual receiving home and community-based services from a provider if ... (a) On receipt by the department of a report of alleged abuse, neglect, or exploitation under this subchapter, the department shall initiate a prompt and ... (a) The department shall forward to the chief executive of a provider and to the designated administrator at the Texas Department of Mental Health and ... (a) The Texas Department of Mental Health and Mental Retardation is responsible for providing services to an individual receiving home and community-based services as necessary ... The department shall provide services in accordance with Subchapter E to an elderly or disabled individual who does not receive home and community-based services but ... (a) At least once each calendar quarter, the Texas Department of Mental Health and Mental Retardation shall provide to the department: (1) the name and ... In this subchapter: (1) "Agency" means: (A) an entity licensed under Chapter 142, Health and Safety Code; or (B) a person exempt from licensing under ... The department may adopt rules to further define reportable conduct. Added by Acts 2001, 77th Leg., ch. 1267, § 1, eff. Jan. 1, 2002. ... After an investigation and following the procedures of this subchapter, if the department confirms or validates the occurrence of reportable conduct by an employee, the ... (a) The department shall give written notice of the department's findings under Section 48.403 to the employee. The notice must include: (1) a brief summary ... (a) If the employee requests a hearing, the department shall: (1) set a hearing; (2) give written notice of the hearing to the employee; and ... (a) The department shall give notice of the order under Section 48.405 to the employee alleged to have committed the reportable conduct. The notice must ... The department by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code. Added by Acts 2001, 77th Leg., ch. ... (a) When the department forwards a finding of reportable conduct to the Texas Department of Human Services for recording in the employee misconduct registry, the ... Texas Lawyers
Last modified: August 10, 2007 |