reglab/housing_qa huggingface dataset:
TX Hum Res Code § 48.155 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter D. Investigations by All Agencies|Section 48.155. Interference With Investigation or Services Prohibited

Sec. 48.155.  INTERFERENCE WITH INVESTIGATION OR SERVICES PROHIBITED.  (a)  A person, including a guardian and notwithstanding Section 1151.001, Estates Code, may not interfere with:(1)  an investigation by the department or by another protective services agency of alleged abuse, neglect, or exploitation of an elderly person or person with a disability; or(2)  the provision of protective services to an elderly person or person with a disability.(b)  The department or another protective services agency may petition the appropriate court to enjoin any interference with:(1)  an investigation of alleged abuse, neglect, or exploitation; or(2)  the provision of protective services such as removal of the elderly person or person with a disability to safer surroundings or safeguarding the person's resources from exploitation.|Added by Acts 1995, 74th Leg., ch. 303, Sec. 14, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 59, eff. Sept. 1, 1997.  Renumbered from Sec. 48.103 by Acts 1999, 76th Leg., ch. 907, Sec. 17, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.269, eff. April 2, 2015.|
TX Hum Res Code § 48.156 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter D. Investigations by All Agencies|Section 48.156. Agency Reports

Sec. 48.156.  AGENCY REPORTS.  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 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983.  Renumbered from Sec. 48.057 by Acts 1999, 76th Leg., ch. 907, Sec. 18, eff. Sept. 1, 1999.|
TX Hum Res Code § 48.159 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter D. Investigations by All Agencies|Section 48.159. Internal Review of Department Investigation

Sec. 48.159.  INTERNAL REVIEW OF DEPARTMENT INVESTIGATION.  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 obtained during the intake process was sufficient and accurate;(2)  assess whether telephone calls were appropriately routed;(3)  assess whether investigations were appropriately classified and prioritized;(4)  evaluate the case reports for any special issues or requirements;(5)  assess whether appropriate law enforcement agencies were notified of any suspected criminal conduct; and(6)  identify other relevant information to enable the department to take any corrective action necessary to improve the process of conducting investigations under this chapter.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.13, eff. September 1, 2005.|
TX Hum Res Code § 48.201 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.201. Application of Subchapter

Sec. 48.201.  APPLICATION OF SUBCHAPTER.  Except as otherwise provided, this subchapter does not apply to an investigation conducted under Subchapter F.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 21, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.270, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 7, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 15, eff. September 1, 2015.|
TX Hum Res Code § 48.202 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.202. Service Determination by Department or Agency

Sec. 48.202.  SERVICE DETERMINATION BY DEPARTMENT OR AGENCY.  (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 services are needed;(3)  whether services are available from the department, from the state agency, or in the community and how they can be provided;(4)  whether the person, acting alone, would be capable of obtaining needed services and could bear the cost or would be eligible for services from the department or state agency;(5)  whether a caretaker would be willing to provide services or would agree to their provision;(6)  whether the elderly person or person with a disability desires the services;(7)  whether the person needs legal intervention to resolve the person's abuse, neglect, or exploitation and, if so, what type of intervention is needed; and(8)  other pertinent data.(b)  If the department or state agency, as appropriate, determines under Subsection (a)(1) that a person needs protective services, the department or agency shall, in determining how those services can be provided as required by Subsection (a)(3), determine whether the person may be eligible for community-based long-term services and supports and whether those services and supports are available.  If the person is eligible for those services and supports, but the services and supports are not immediately available, the department or state agency shall ensure that the person is placed on an appropriate waiting list for the services and supports and that the person's abuse, neglect, or exploitation is resolved before the department closes the case.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 21, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.14, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.271, eff. April 2, 2015.|
TX Hum Res Code § 48.203 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.203. Voluntary Protective Services

Sec. 48.203.  VOLUNTARY PROTECTIVE SERVICES.  (a)  An elderly person or person with a disability may receive voluntary protective services if the person requests or consents to receive those services.(b)  The elderly person or person with a disability who receives protective services shall participate in all decisions regarding the person's welfare, if able to do so.(c)  The least restrictive alternatives should be made available to the elderly person or person with a disability who receives protective services.(d)  Except as provided by Section 48.208, if an elderly person or person with a disability withdraws from or refuses consent to voluntary protective services, the services may not be provided.|Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983.  Renumbered from Sec. 48.059 by Acts 1999, 76th Leg., ch. 907, Sec. 22, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 13, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.272, eff. April 2, 2015.|
TX Hum Res Code § 48.204 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.204. Agency Powers

Sec. 48.204.  AGENCY POWERS.  A protective services agency may furnish protective services to an elderly person or person with a disability with the person's consent or to a relative or caretaker of the person on behalf of the person with the relative's or caregiver's consent or, if the elderly person or person with a disability lacks the capacity to consent, without that person's consent as provided by this chapter.|Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983;  Acts 1995, 74th Leg., ch. 303, Sec. 12, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 907, Sec. 23, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 14, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.273, eff. April 2, 2015.|
TX Hum Res Code § 48.205 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.205. Provision of Services

Sec. 48.205.  PROVISION OF SERVICES.  (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 services.(b)  The department shall use existing resources and services of public and private agencies in providing protective services.  If the department does not have existing resources to provide direct protective services to elderly persons or persons with disabilities, the department, subject to the availability of funds, shall contract with protective services agencies for the provision of those services, especially to persons residing in rural or remote areas of this state or not previously served by the department.(c)  The department and law enforcement officials, courts, and agencies shall cooperate when providing protective services.(d)  The responsibilities prescribed by this chapter are exclusive of those designated to other state or federal agencies authorized or required by law to provide protective services to elderly persons or persons with disabilities determined to be in the state of abuse, neglect, or exploitation.|Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983.  Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 905, Sec. 5, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 303, Sec. 4, eff. Sept. 1, 1995.  Renumbered from Sec. 48.021 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 24, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.15, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.274, eff. April 2, 2015.|
TX Hum Res Code § 48.206 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.206. Cost of Services

Sec. 48.206.  COST OF SERVICES.  If the elderly person or person with a disability receiving the protective services is determined to be financially able to contribute to the payments for those services, the provider shall receive a reasonable reimbursement from the person's assets.|Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983.  Renumbered from Sec. 48.058 by Acts 1999, 76th Leg., ch. 907, Sec. 25, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.275, eff. April 2, 2015.|
TX Hum Res Code § 48.207 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.207. Objection to Medical Treatment

Sec. 48.207.  OBJECTION TO MEDICAL TREATMENT.  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 of a recognized church or religious denomination the tenets and practice of which may include reliance solely upon spiritual means through prayer for healing.|Added by Acts 1995, 74th Leg., ch. 303, Sec. 14, eff. Sept. 1, 1995.  Renumbered from Sec. 48.102 by Acts 1999, 76th Leg., ch. 907, Sec. 11, eff. Sept. 1, 1999.|
TX Hum Res Code § 48.210 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.210. Representation

Sec. 48.210.  REPRESENTATION.  (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 any proceeding under this chapter unless the representation would be a conflict of interest.(b)  In a county having a population of more than 2.8 million, the prosecuting attorney representing the state in civil cases in the county court shall represent the department in any proceeding under this chapter unless the representation would be a conflict of interest.|Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 568, Sec. 3, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 303, Sec. 11, eff. Sept. 1, 1995.  Renumbered from Sec. 48.040 by Acts 1999, 76th Leg., ch. 907, Sec. 28, eff. Sept. 1, 1999.|
TX Hum Res Code § 48.211 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter E. Provision of Services; Emergency Protection|Section 48.211. Report to Guardianship Court

Sec. 48.211.  REPORT TO GUARDIANSHIP COURT.  If the elderly person or person with a disability has a guardian, a written notification of the findings of the investigation shall be sent to the court to which the guardian is accountable.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 29, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.278, eff. April 2, 2015.|
TX Hum Res Code § 48.252 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers|Section 48.252. Investigation of Reports of Abuse, Neglect, or Exploitation by Provider

Sec. 48.252.  INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION BY PROVIDER.  (a)  The department shall receive and, except as provided by Subsection (b), shall investigate under this subchapter reports of the abuse, neglect, or exploitation of an individual receiving services if the person alleged or suspected to have committed the abuse, neglect, or exploitation is a provider.(b)  The department may not investigate under this subchapter reports of abuse, neglect, or exploitation alleged or suspected to have been committed by a provider that is operated, licensed, certified, or registered by a state agency that has authority under this chapter or other law to investigate reports of abuse, neglect, or exploitation of an individual by the provider.  The department shall forward any report of abuse, neglect, or exploitation alleged or suspected to have been committed by a provider described by this subsection to the appropriate state agency for investigation.(c)  The department shall receive and investigate under this subchapter reports of abuse, neglect, or exploitation of an individual who lives in a residence that is owned, operated, or controlled by a provider who provides home and community-based services under the home and community-based services waiver program described by Section 534.001(11)(B), Government Code, regardless of whether the individual is receiving services under that waiver program from the provider.|Added by Acts 1995, 74th Leg., ch. 303, Sec. 14, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 57, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1281, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 48.081 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 32, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 30, eff. June 11, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.281, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015.|
TX Hum Res Code § 48.253 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers|Section 48.253. Action on Report

Sec. 48.253.  ACTION ON REPORT.  (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 investigation as needed to evaluate the accuracy of the report and to assess the need for emergency protective services, unless the department, in accordance with rules adopted under this subchapter, determines that the report:(1)  is frivolous or patently without a factual basis; or(2)  does not concern abuse, neglect, or exploitation.(b)  After receiving a report that alleges that a provider is or may be the person who committed the alleged abuse, neglect, or exploitation, the department shall notify the provider and the appropriate health and human services agency in accordance with rules adopted by the executive commissioner.(c)  The provider identified under Subsection (b) shall:(1)  cooperate completely with an investigation conducted under this subchapter; and(2)  provide the department complete access during an investigation to:(A)  all sites owned, operated, or controlled by the provider; and(B)  clients and client records.(d)  The executive commissioner shall adopt rules governing investigations conducted under this subchapter.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015.|
TX Hum Res Code § 48.254 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities|Subchapter F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers|Section 48.254. Forwarding of Certain Reports

Sec. 48.254.  FORWARDING OF CERTAIN REPORTS.  (a)  The executive commissioner by rule shall establish procedures for the department to use to forward a copy of the initial intake report and a copy of the completed provider investigation report relating to alleged or suspected abuse, neglect, or exploitation to the appropriate provider and health and human services agency.(b)  The department shall redact from an initial intake report and from the copy of the completed provider investigation report any identifying information contained in the report relating to the person who reported the alleged or suspected abuse, neglect, or exploitation under Section 48.051.(c)  A provider that receives a completed investigation report under Subsection (a) shall forward the report to the managed care organization with which the provider contracts for services for the alleged victim.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 31, eff. June 11, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.282, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015.|