26 Tex. Admin. Code § 711.401

Current through Reg. 49, No. 49; December 6, 2024
Section 711.401 - When does the Investigator notify law enforcement and OIG for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed?
(a) When the provider is a state supported living center, state hospital, or the ICF-IID component of the Rio Grande State Center, the investigator makes the following notifications:
(1) the investigator notifies law enforcement within one (1) hour of any allegation of abuse, neglect, or exploitation involving a child.
(2) the investigator notifies law enforcement within one (1) hour of any allegation of abuse, neglect, or exploitation involving an adult believed to constitute a criminal offense under any law.
(3) the investigator notifies OIG within one (1) hour of any allegation of abuse, neglect, or exploitation involving an individual receiving services believed to constitute a criminal offense under any law.
(b) For all other providers, the investigator notifies law enforcement within 24 hours of any allegation of abuse, neglect, or exploitation involving:
(1) a child.
(2) an adult believed to constitute a criminal offense under any law.
(c) As provided in subsection (b) of this section, the investigator notifies law enforcement:
(1) unless the law enforcement agency reported the alleged abuse, neglect, or exploitation to the department; and
(2) using a method that is mutually agreed upon between DFPS and the law enforcement agency.
(d) For all notifications described in this section, the identity of the reporter is revealed.

26 Tex. Admin. Code § 711.401

The provisions of this §711.401 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective December 1, 2011, 36 TexReg 6150; amended to be effective June 1, 2014, 39 TexReg 3879; Adopted by Texas Register, Volume 41, Number 34, August 19, 2016, TexReg 6223, eff. 9/1/2016; Adopted by Texas Register, Volume 42, Number 44, November 3, 2017, TexReg 6190, eff. 11/5/2017; transferred from Tex. Admin. Code § 711.401 by Texas Register, Volume 44, Number 21, May 24, 2019, TexReg 2617, eff. 6/15/2019