SECTION 261.225. Reporting Incidents to DADS

(a) In this section, "serious physical injury" is defined as in Chapter 711 of this title (relating to Investigations in DADS and DSHS Facilities and Related Programs).

(b) A program provider that, in accordance with THSC §252.003, is exempt from licensure under THSC §252.031 must report the following incidents to DADS Consumer Rights and Services at 1-800-458-9858 within one hour after suspecting or learning of the incident:

(1) alleged (Class I) physical abuse of an individual, as defined in Chapter 711 of this title, that caused or may have caused serious physical injury;

(2) alleged (Class I) sexual abuse of an individual, as defined in Chapter 711 of this title;

(3) sexual activity between individuals resulting from coercion, physical force, or taking advantage of the disability of an individual;

(4) sexual activity involving an individual who is less than 18 years of age;

(5) the pregnancy of an individual;

(6) individual-to-individual aggression that results in serious physical injury;

(7) the death of an individual; and

(8) the inability to locate an individual if:

(A) the individual's health or safety is at risk; or

(B) the individual's location has been unknown for more than eight hours.

(c) Within five working days after making a report described in subsection (b) of this section, the program provider must:

(1) conduct a thorough investigation of the incident; and

(2) send a written investigation report on Form 3613A, Provider Investigation Report, to DADS Consumer Rights and Services.

Source Note: The provisions of this §261.225 adopted to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127