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 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 §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:

  • an employee of a public primary or secondary school providing educational services at a facility, on campus grounds, under either a contract or memorandum of understanding; and
  • an individual receiving services who is an alleged victim and who is a student at the school.

PI notifies (by phone or in person):

  • the facility within one hour; and
  • the superintendent of the school district within 24 hours of receipt of the report or the next business day.

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).