3200, Notifications
Revision 18-1; Effective September 1, 2018
PI must make a notification of an allegation within specific time frames to:
- the administrator or designee of a provider;
- other state agencies; and
- law enforcement in specific situations.
The investigator notifies providers of allegations so that the provider may ensure the health and safety of the individual receiving services and preserve evidence relevant to the allegation.
3210 Notifications to Law Enforcement or the Office of the Inspector General (OIG)
Revision 21-1; Effective April 26, 2021
PI notifies law enforcement and OIG of alleged abuse, neglect, and exploitation in certain circumstances according to the location of the incident and age of the alleged victim.
If the provider is a state supported living center or state hospital, the investigator makes the following notifications:
- Law enforcement, within one hour of any allegation of abuse, neglect, or exploitation involving a child.
- Law enforcement, within one hour of any allegation of abuse, neglect, or exploitation involving an adult believed to constitute a criminal offense under any law.
- OIG, within one hour of any allegation of abuse, neglect, or exploitation involving a person receiving services believed to constitute a criminal offense under any law.
For all other providers, unless law enforcement reported the allegation to the department, the investigator notifies law enforcement within 24 hours of any allegation of abuse, neglect, or exploitation involving:
- a child; or
- an adult believed to constitute a criminal offense under any law;
The investigator notifies law enforcement using a mutually agreed upon method between PI and the law enforcement agency.
The identity of the reporter is revealed to law enforcement and OIG.
The investigator notifies law enforcement and OIG if the person receiving services dies during an investigation and it is suspected that the death is related to abuse or neglect. The investigator cooperates with law enforcement and OIG.
See related 26 TAC Section 711.401.
3220 Notifications to the Provider and Applicable Regulatory Program
Revision 19-1; Effective July 1, 2019
The investigator makes the appropriate notifications when the alleged perpetrator is an employee of a provider in accordance with 26 TAC section 711.402.
For all allegations of abuse, neglect, or exploitation of a person receiving services, the investigator makes the following notifications, as appropriate:
| When the alleged perpetrator is a direct provider of a … | PI notifies | Within… |
|---|---|---|
| Facility, community center, local authority, HCS or TxHmL waiver program provider | The facility, community center, local authority, HCS or TxHmL waiver program provider | One hour of receipt of the allegation by DFPS Statewide Intake (SWI) |
| HCS or TxHmL waiver program provider | HHSC Office of Ombudsman | 24 hours of receipt of the allegation by DFPS SWI or the next working day |
| Community Provider - service provider | Service provider | 24 hours of receipt of the allegation by DFPS SWI |
| Community Provider - limited service provider | Limited service provider & service provider | 24 hours of receipt of the allegation by DFPS SWI |
| Managed care organization | Managed care organization | 24 hours of receipt of the allegation by DFPS SWI |
| Consumer Directed Service (CDS) Option employer | CDS employer, and as appropriate, the MCO service coordinator, PCS case manager, or HHSC Financial Management Services Agency (FMSA) | 24 hours of receipt of the allegation by DFPS SWI |
SSLC Commencement Requirements
PI complies with the Department of Justice Settlement Agreement. PI communicates with the facility to ensure the facility provides for the safety of the person receiving services and protects relevant evidence. Communication with the facility occurs within one hour of receipt of the intake and then additional information is obtained within 24 hours.
3230 Notifications Involving Other State Agencies or Entities
Revision 18-1; Effective September 1, 2018
Notifying Child Protective Services
If the alleged victim is a child or young adult and is listed in an open DFPS CPS conservatorship case, PI notifies the CPS primary worker.
The program providing the service to the child notifies the parent or conservator.
Notifying HHSC Guardianship
PI notifies the HHSC guardianship caseworker if an HHSC ward is the alleged victim in an abuse, neglect, or exploitation investigation.
Notifying the Court That Has Jurisdiction
PI notifies the applicable probate court when a ward is alleged to be a victim of abuse, neglect, or exploitation and is receiving services from a provider.
For the addresses of probate courts in Texas, see Texas Courts Online.
3240 Notifications Involving Independent School Districts (ISD)
Revision 18-1; Effective September 1, 2018
PI makes notifications as listed in the chart below when allegations involve ISDs:
| If: | Then: |
|---|---|
The investigator determines that an abuse, neglect, or exploitation allegation involves:
| PI notifies (by phone or in person):
|
Investigations of school employees are a special category, and notifications at the close of an investigation are handled differently than other types of investigations.
School employees with a finding of Confirmed are eligible for an administrative review (4210.1 administrative review).