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 48.252. Investigation of Reports of Abuse, Neglect, or Exploitation by Provider

Sec. 48.252.  INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION BY PROVIDER.  (a)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(3), eff. September 1, 2023.
(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 commission for investigation.
Text of subsection effective until April 01, 2025
(c)  The commission shall receive and investigate under this subchapter reports of abuse, neglect, or exploitation of:
(1)  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; and
(2)  an elderly person or an adult with a disability who lives in or is in the care of a residential child-care facility as defined by Section 42.002.
Text of subsection effective on April 01, 2025
(c)  The commission shall receive and investigate under this subchapter reports of abuse, neglect, or exploitation of:
(1)  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 542.0001(11)(B), Government Code, regardless of whether the individual is receiving services under that waiver program from the provider; and
(2)  an elderly person or an adult with a disability who lives in or is in the care of a residential child-care facility as defined by Section 42.002.
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.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.96, eff. April 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 16, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(3), eff. September 1, 2023.