reglab/statecodes huggingface dataset:
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 A. General Provisions › Section 48.007. Memorandum of Understanding Regarding Certain Abuse, Neglect, or Exploitation Investigations

Sec. 48.007.  MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN ABUSE, NEGLECT, OR EXPLOITATION INVESTIGATIONS.  The commission, the department, the Department of Aging and Disability Services, the office of independent ombudsman for state supported living centers, and the commission's office of inspector general shall enter into a memorandum of understanding regarding investigations of alleged abuse, neglect, or exploitation of residents or clients of state supported living centers or the ICF-IID component of the Rio Grande State Center that delineates the responsibilities of each agency and office under this chapter, Chapter 261, Family Code, and Chapter 555, Health and Safety Code, and amend the memorandum of understanding as necessary to reflect changes in those responsibilities.  During the negotiation of the memorandum of understanding, the agencies and offices shall jointly determine whether the forensic training received by relevant staff of the Department of Family and Protective Services is adequate.  Specifically, the agencies and offices shall assess and, if necessary, develop a plan to enhance the ability of department staff to identify and report incidences that constitute a potential criminal offense.  The commission is the final arbiter of any dispute regarding the memorandum of understanding under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 25, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.258, eff. April 2, 2015.
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 48.052. 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.
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 48.053. 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.
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 48.054. 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.
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 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.
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 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.
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 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.
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 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.
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 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, including an investigation of reported abuse, neglect, or exploitation under Subchapter F, 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 Sections 22.04 and 32.55, 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.
Acts 2023, 88th Leg., R.S., Ch. 1076 (S.B. 576), Sec. 1, eff. September 1, 2023.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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 commission of a report of alleged abuse, neglect, or exploitation under this subchapter, the commission 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 commission, 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 commission shall notify the provider 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 commission 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.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 17, eff. September 1, 2023.
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 F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers › Section 48.2535. Forwarding Certain Reports of Criminal Conduct to Law Enforcement

Sec. 48.2535.  FORWARDING CERTAIN REPORTS OF CRIMINAL CONDUCT TO LAW ENFORCEMENT.  On receipt by the department of a report of alleged abuse or exploitation under this subchapter that the department believes constitutes an offense under Section 32.55, Penal Code, the department shall immediately notify an appropriate law enforcement agency, regardless of whether the report alleges conduct that constitutes abuse or exploitation for purposes of this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1076 (S.B. 576), Sec. 2, eff. September 1, 2023.
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 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 commission 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.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(4), eff. September 1, 2023.
(c)  A provider that receives the findings of an investigation from the commission report under Subsection (a) shall forward the findings 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.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 18, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(4), eff. September 1, 2023.
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 F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers › Section 48.255. Rules for Investigations Under This Subchapter

Sec. 48.255.  RULES FOR INVESTIGATIONS UNDER THIS SUBCHAPTER.
(a)  The executive commissioner shall adopt rules to:
(1)  prioritize investigations conducted under this subchapter with the primary criterion being whether there is a risk that a delay in the investigation will impede the collection of evidence in that investigation; and
(2)   provide for an appeals process by the commission for the alleged victim of abuse, neglect, or exploitation.
(b)  A confirmed investigation finding by the commission may not be changed by the administrator of a facility, a community center, a local mental health authority, or a local intellectual and developmental disability authority.
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. 32, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.283, 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.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 19, eff. September 1, 2023.
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 F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers › Section 48.256. Sharing Provider Information

Sec. 48.256.  SHARING PROVIDER INFORMATION.  (a)  The executive commissioner shall adopt rules that prescribe the appropriate manner in which managed care organizations provide the commission with information necessary to facilitate the:
(1)  identification of individuals receiving services from providers; and
(2)  notification of providers by the commission.
(b)  The executive commissioner shall adopt rules requiring a provider to provide information necessary to facilitate the:
(1)  identification by the commission of individuals receiving services from providers; and
(2)  notification of providers by the commission.
Text of subsection effective until April 01, 2025
(c)  A provider of home and community-based services under the home and community-based services waiver program described by Section 534.001(11)(B), Government Code, shall post in a conspicuous location inside any residence owned, operated, or controlled by the provider in which home and community-based waiver services are provided, a sign that states:
(1)  the name, address, and telephone number of the provider;
(2)  the effective date of the provider's contract with the commission to provide home and community-based services; and
(3)  the name of the legal entity that contracted with the commission to provide those services.
Text of subsection effective on April 01, 2025
(c)  A provider of home and community-based services under the home and community-based services waiver program described by Section 542.0001(11)(B), Government Code, shall post in a conspicuous location inside any residence owned, operated, or controlled by the provider in which home and community-based waiver services are provided, a sign that states:
(1)  the name, address, and telephone number of the provider;
(2)  the effective date of the provider's contract with the commission to provide home and community-based services; and
(3)  the name of the legal entity that contracted with the commission to provide those services.
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. 33, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.284, 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.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.97, eff. April 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 20, eff. September 1, 2023.