Section 553.329 - HHSC Investigation of Allegations of Abuse, Neglect, or Exploitation(a) In accordance with the memorandum of understanding (relating to Memorandum of Understanding Concerning Protective Services for the Elderly), between HHSC and the Texas Department of Family and Protective Services (DFPS), HHSC receives and investigates reports of abuse, neglect, and exploitation of elderly and disabled persons or other residents living in facilities licensed under this chapter.(b) HHSC only investigates complaints of abuse, neglect, or exploitation when:(1) the act occurs in the facility;(2) the facility is responsible for the supervision of the resident at the time the act occurs; or(3) the alleged perpetrator is affiliated with the facility.(c) HHSC refers all other complaints of abuse, neglect, or exploitation not meeting subsection (b) of this section to DFPS.(d) HHSC must make an on-site visit to a facility to investigate complaints of abuse or neglect and all complaints involving unemancipated minors who have been inappropriately placed in the facility. During such on-site visits, HHSC must consult with persons thought to have knowledge of the circumstances. HHSC may make an on-site visit to a facility to investigate all other types of complaints.(e) If a facility fails to admit HHSC staff for an on-site investigation, HHSC may seek a court order for admission from a county, probate, or state district court. An HHSC investigator may ask the court to have a peace officer accompany them.(f) In cases concluded to be physical abuse, HHSC submits the written report of the HHSC investigation to the appropriate law enforcement agency.26 Tex. Admin. Code § 553.329
Adopted by Texas Register, Volume 46, Number 33, August 13, 2021, TexReg 5044, eff. 8/31/2021; Amended by Texas Register, Volume 49, Number 36, September 6, 2024, TexReg 7048, eff. 9/12/2024