reglab/housing_qa huggingface dataset:
TX Hum Res Code § 48.052 (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 B. Reports of Abuse, Neglect, or Exploitation: Immunities|Section 48.052. Failure to Report; Penalty

Sec. 48.052.  FAILURE TO REPORT;  PENALTY.  (a)  A person commits an offense if the person has cause to believe that an elderly person or person with a disability has been abused, neglected, or exploited or is in the state of abuse, neglect, or exploitation and knowingly fails to report in accordance with this chapter.  An offense under this subsection is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the abused, neglected, or exploited person is a person with an intellectual disability who resided in a state supported living center, the ICF-IID component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the person had suffered serious bodily injury as a result of the abuse, neglect, or exploitation.(b)  This section does not apply if the alleged abuse, neglect, or exploitation occurred in a facility licensed under Chapter 242, Health and Safety Code.  Failure to report abuse, neglect, or exploitation that occurs in a facility licensed under that chapter is governed by that chapter.|Added by Acts 1987, 70th Leg., ch. 1052, Sec. 5.03, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(21), eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 303, Sec. 7, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1278, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 48.0361 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 6, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 27, eff. June 11, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.260, eff. April 2, 2015.|
TX Hum Res Code § 48.053 (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 B. Reports of Abuse, Neglect, or Exploitation: Immunities|Section 48.053. False Report; Penalty

Sec. 48.053.  FALSE REPORT; PENALTY.  (a)  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 lacks factual foundation.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 1997, 75th Leg., ch. 1022, Sec. 55, eff. Sept. 1, 1997.  Renumbered from Sec. 48.0362 by Acts 1999, 76th Leg., ch. 907, Sec. 7, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 8, eff. September 1, 2011.|
TX Hum Res Code § 48.054 (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 B. Reports of Abuse, Neglect, or Exploitation: Immunities|Section 48.054. Immunity

Sec. 48.054.  IMMUNITY.  (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 is immune from civil or criminal liability on account of his or her petition, report, testimony, or participation, unless the person acted in bad faith or with a malicious purpose.(b)  A person, including an authorized department volunteer, medical personnel, or law enforcement officer, who at the request of the department participates in an investigation required by this chapter or in an action that results from that investigation is immune from civil or criminal liability for any act or omission relating to that participation if the person acted in good faith and, if applicable, in the course and scope of the person's assigned responsibilities or duties.(c)  A person who reports the person's own abuse, neglect, or exploitation of another person or who acts in bad faith or with malicious purpose in reporting alleged abuse, neglect, or exploitation is not immune from civil or criminal liability.(d)  An employer whose employee acts under Subsection (a) or (b) is immune from civil or criminal liability on account of an employee's report, testimony, or participation in any judicial proceedings arising from a petition, report, or investigation.  This subsection does not apply to an employer who is the subject of an investigation.|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. 10, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 907, Sec. 8, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 205, Sec. 2, eff. May 21, 2001.|
TX Hum Res Code § 48.102 (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 C. Confidentiality|Section 48.102. Reports of Investigations in Schools

Sec. 48.102.  REPORTS OF INVESTIGATIONS IN SCHOOLS.  (a)  The department shall send a written report of the department's investigation of alleged abuse, neglect, or exploitation of an adult with a disability at a school, as appropriate, to the Texas Education Agency, the agency responsible for teacher certification, the local school board or the school's governing body, and the school principal or director, unless the principal or director is alleged to have committed the abuse, neglect, or exploitation.  The entity to which the report is sent shall take appropriate action.(b)  On request, the department shall provide a copy of the report of the investigation to the person who is alleged to have suffered the abuse, neglect, or exploitation, to the legal guardian of that person, and to the person alleged to have committed the abuse, neglect, or exploitation.(c)  The report of the investigation shall be edited to protect the identity of the person who made the report under Section 48.051.(d)  The executive commissioner shall adopt rules necessary to implement this section.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 12, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.262, eff. April 2, 2015.|
TX Hum Res Code § 48.103 (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 C. Confidentiality|Section 48.103. Notification of Licensing or Contracting Agency

Sec. 48.103.  NOTIFICATION OF LICENSING OR CONTRACTING AGENCY.  (a)  Except as otherwise provided by Subsection (c), on determining after an investigation that an elderly person or a person with a disability has been abused, exploited, or neglected by an employee of a home and community support services agency licensed under Chapter 142, Health and Safety Code, the department shall:(1)  notify the state agency responsible for licensing the home and community support services agency of the department's determination;(2)  notify any health and human services agency, as defined by Section 531.001, Government Code, that contracts with the home and community support services agency for the delivery of health care services of the department's determination; and(3)  provide to the licensing state agency and any contracting health and human services agency access to the department's records or documents relating to the department's investigation.(b)  Providing access to a confidential record or document under this section does not constitute a waiver of confidentiality.(c)  This section does not apply to an investigation of alleged or suspected abuse, neglect, or exploitation in which a provider, as defined by Section 48.251, is or may be alleged to have committed the abuse, neglect, or exploitation.  An investigation described by this subsection is governed by Subchapter F.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 13, eff. Sept. 1, 1999.  Renumbered from Sec. 48.0381 by Acts 2001, 77th Leg., ch. 75, Sec. 1, eff. May 14, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.263, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 5, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 13, eff. September 1, 2015.|
TX Hum Res Code § 48.151 (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 48.151. Action on Report

Sec. 48.151.  ACTION ON REPORT.  (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 shall initiate a prompt and thorough investigation as needed to evaluate the accuracy of the report and to assess the need for protective services, unless the department determines that the report:(1)  is frivolous or patently without a factual basis; or(2)  does not concern abuse, neglect, or exploitation, as those terms are defined by rules adopted by the executive commissioner under Section 48.002(c), except that if the executive commissioner has not adopted applicable rules under that section, the statutory definitions of those terms under Section 48.002(a) shall be used.(b)  The executive commissioner shall adopt rules for conducting investigations under this chapter.(c)  The executive commissioner by rule may assign priorities and prescribe investigative procedures for conducting investigations according to the degree of severity and immediacy of the alleged harm to the individual.  Notwithstanding Subsection (a), the priorities and procedures may provide that an investigation is not required to be initiated within 24 hours in all cases.(d)  The department shall prepare and keep on file a report of each investigation conducted by the department.(e)  This section does not apply to investigations conducted under Subchapter F.|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. 1052, Sec. 5.04, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 303, Sec. 8, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1022, Sec. 56, eff. Sept. 1, 1997.  Renumbered from Sec. 48.037 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 14, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 9, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.264, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 6, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 14, eff. September 1, 2015.|
TX Hum Res Code § 48.152 (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 48.152. Investigation

Sec. 48.152.  INVESTIGATION.  (a)  An investigation by the department or a state agency shall include an interview with the elderly person or person with a disability, if appropriate, and with persons thought to have knowledge of the circumstances.  If the elderly person or person with a disability refuses to be interviewed or cannot be interviewed because of a physical or mental impairment, the department shall continue the investigation by interviewing other persons thought to have knowledge relevant to the investigation.(b)  The investigation may include an interview with an alleged juvenile perpetrator of the alleged abuse, neglect, or exploitation.(c)  The department or state agency may conduct an interview under this section in private or may include any person the department or agency determines is necessary.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 15, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 10, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.265, eff. April 2, 2015.|
TX Hum Res Code § 48.1521 (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 48.1521. Investigation of Complex Cases

Sec. 48.1521.  INVESTIGATION OF COMPLEX CASES.  (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 complex issues of abuse, neglect, or exploitation, such as issues associated with identity theft and other forms of financial exploitation, are:(1)  assigned to personnel who have experience and training in those issues; and(2)  monitored by a special task unit for complex cases.(b)  Each county with a population of 250,000 or more shall appoint persons to serve as standing members of a special task unit to monitor cases that arise in the county and require monitoring as provided by Subsection (a).  The standing members of each special task unit must include:(1)  a provider of mental health services or aging services or a representative of a nonprofit entity serving persons with disabilities;(2)  a representative of a law enforcement agency; and(3)  a legal expert.(c)  In addition to the standing members specified by Subsection (b), the special task unit:(1)  must include, for purposes of monitoring a particular case, the caseworker on the case and the caseworker's supervisor; and(2)  may include a financial forensics expert and any other person with expertise that would be useful in monitoring a particular case.(d)  The department shall develop and make available to each county described by Subsection (b) a manual to assist the county in establishing and operating the special task unit required by this section.  The manual must describe:(1)  the purpose and potential benefits of the unit;(2)  a description of the monitoring process the unit is expected to follow and potential problems the unit may encounter;(3)  the composition and administration of the unit; and(4)  the department's criteria for selecting cases to be monitored by the unit.(e)  Before the special task unit makes a recommendation that a guardian be appointed for a person in a case being monitored by the unit, the unit shall thoroughly consider all less-restrictive alternatives for legal intervention in the case.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.10(a), eff. September 1, 2005.|
TX Hum Res Code § 48.1522 (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 48.1522. Reports of Criminal Conduct to Law Enforcement Agency

Sec. 48.1522.  REPORTS OF CRIMINAL CONDUCT TO LAW ENFORCEMENT AGENCY.  (a)  Except as provided by Subsection (b), 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 state agency, as applicable, or the caseworker's supervisor has cause to believe that the elderly person or person with a disability has been abused, neglected, or exploited by another person in a manner that constitutes a criminal offense under any law, including Section 22.04, Penal Code, the caseworker or supervisor shall:(1)  immediately notify an appropriate law enforcement agency, unless the law enforcement agency reported the alleged abuse, neglect, or exploitation to the department; and(2)  provide the law enforcement agency with a copy of the investigation report of the department or other state agency, as applicable, in a timely manner.(b)  If during the course of the department's investigation of reported abuse, neglect, or exploitation a caseworker of the department or the caseworker's supervisor has cause to believe that a person with a disability who is a resident or client of a state supported living center or the ICF-IID component of the Rio Grande State Center has been abused, neglected, or exploited by another person in a manner that constitutes a criminal offense under any law, including Section 22.04, Penal Code, in addition to the report to the appropriate law enforcement agency required by Subsection (a), the caseworker shall immediately notify the commission's office of inspector general and promptly provide the commission's office of inspector general with a copy of the department's investigation report.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.11, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 28, eff. June 11, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 11, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.266, eff. April 2, 2015.|
TX Hum Res Code § 48.1523 (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 48.1523. Management Review Following Certain Investigations

Sec. 48.1523.  MANAGEMENT REVIEW FOLLOWING CERTAIN INVESTIGATIONS.  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 received and investigated two previous reports under that section and closed those investigations, an adult protective services supervisor shall:(1)  classify the case as a recidivist case;(2)  review the reports and investigation files concerning that person; and(3)  assist the caseworker and supervisor investigating the third report in developing a long-term plan for resolving the issues involved in the case.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.12, eff. September 1, 2005.|
TX Hum Res Code § 48.153 (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 48.153. Access to Investigation

Sec. 48.153.  ACCESS TO INVESTIGATION.  (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 entry of the place of residence of the elderly person or person with a disability.(b)  A peace officer shall accompany and assist the person making a court-ordered entry under this section, if in the opinion of the court such action is necessary.|Added by Acts 1999, 76th Leg., ch. 907, Sec. 15, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.267, eff. April 2, 2015.|
TX Hum Res Code § 48.154 (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 48.154. Access to Records or Documents

Sec. 48.154.  ACCESS TO RECORDS OR DOCUMENTS.  (a)  The department or another state agency, as appropriate, shall have access to any records or documents, including client-identifying information, financial records, and medical and psychological records, necessary to the performance of the department's or state agency's duties under this chapter.  The duties include but are not limited to the investigation of abuse, neglect, or exploitation or the provisions of services to an elderly person or person with a disability.  A person, agency, or institution that has a record or document that the department or state agency needs to perform its duties under this chapter shall, without unnecessary delay, make the record or document available to the department or state agency that requested the record or document.(b)  The department is exempt from the payment of a fee otherwise required or authorized by law to obtain a financial record from a person, agency, or institution or a medical record, including a mental health record, from a hospital or health care provider if the request for a record is made in the course of an investigation by the department.(c)  If the department or another state agency cannot obtain access to a record or document that is necessary to properly conduct an investigation or to perform another duty under this chapter, the department or state agency may petition the probate court or the statutory or constitutional county court having probate jurisdiction for access to the record or document.(d)  On good cause shown, the court shall order the person, agency, or institution who has a requested record or document to allow the department or state agency to have access to that record or document under the terms and conditions prescribed by the court.(e)  A person, agency, or institution who has a requested record or document is entitled to notice and a hearing on a petition filed under this section.(f)  Access to a confidential record under this section does not constitute a waiver of confidentiality.|Added by Acts 1993, 73rd Leg., ch. 651, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 303, Sec. 10, eff. Sept. 1, 1995.  Renumbered from Sec. 48.0385 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 16, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 12, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.268, eff. April 2, 2015.|