2023 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 48.051. Report

Sec. 48.051.  REPORT.  (a)  Except as prescribed by Subsection (b), a person having cause to believe that an elderly person, a person with a disability, or an individual receiving services from a provider as described by Subchapter F is in the state of abuse, neglect, or exploitation shall report the information required by Subsection (d) immediately to the department.
(b)  If a person has cause to believe that an elderly person or a person with a disability, other than an individual receiving services from a provider as described by Subchapter F, has been abused, neglected, or exploited in a facility operated, licensed, certified, or registered by a state agency, the person shall report the information to the state agency that operates, licenses, certifies, or registers the facility for investigation by that agency.
(b-1)  This subsection applies only to a provider under the home and community-based services (HCS) waiver program or the Texas home living (TxHmL) waiver program, an intermediate care facility licensed under Chapter 252, Health and Safety Code, a state supported living center as defined by Section 531.002, Health and Safety Code, or a home and community support services agency licensed under Chapter 142, Health and Safety Code.  Except as provided by Subsections (a) and (b), a person, including an officer, employee, agent, contractor, or subcontractor of a facility or provider subject to this subsection, having cause to believe that an individual receiving services from the facility or provider is in the state of abuse, neglect, or exploitation shall immediately report to the commission the information required by Subsection (d). Notwithstanding Section 48.0021, in this subsection "commission" means the Health and Human Services Commission.
(c)  The duty imposed by Subsections (a), (b), and (b-1) applies without exception to a person whose knowledge concerning possible abuse, neglect, or exploitation is obtained during the scope of the person's employment or whose professional communications are generally confidential, including an attorney, clergy member, medical practitioner, social worker, employee or member of a board that licenses or certifies a professional, and mental health professional.
(d)  The report may be made orally or in writing.  It shall include:
(1)  the name, age, and address of the elderly person or person with a disability;
(2)  the name and address of any person responsible for the care of the elderly person or person with a disability;
(3)  the nature and extent of the condition of the elderly person or person with a disability;
(4)  the basis of the reporter's knowledge; and
(5)  any other relevant information.
(e)  If a person who makes a report under this section chooses to give self-identifying information, the caseworker who investigates the report shall contact the person if necessary to obtain any additional information required to assist the person who is the subject of the report.
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. 5.02, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 247, Sec. 16, eff. June 14, 1989.  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. 5.02, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 247, Sec. 16, eff. June 14, 1989;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(22), eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 8.043, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 303, Sec. 6, 15(1), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1022, Sec. 54, eff. Sept. 1, 1997.  Renumbered from Sec. 48.036 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 5, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 205, Sec. 1, eff. May 21, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.08, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 26, eff. June 11, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 6, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.259, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 12, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 14, eff. September 1, 2023.