SECTION 361.75. Reporting of Abuse, Neglect, or Exploitation

(a) A contractor must report an allegation of abuse, neglect, or exploitation of a ward to DFPS within 24 hours of discovery of the alleged abuse, neglect, or exploitation.

(b) If the investigating authority is an entity other than DFPS, a contractor must report an allegation of abuse, neglect, or exploitation of a ward within 24 hours of discovery of the alleged abuse, neglect, or exploitation.

(c) A contractor must report an allegation of abuse, neglect, or exploitation of a ward to the DADS guardianship supervisor in the contractor's designated DADS region within 24 hours or by the next working day, whichever is later. The contractor must notify the DADS guardianship supervisor of the specific suspected abuse, neglect, or exploitation when it is reported to the investigating authority. The contractor must also report what actions have been taken to ensure the health and safety of the ward.

(d) If the alleged perpetrator is a contractor's employee, the contractor must remove the employee from working with any DADS wards until all allegations have been investigated. If an allegation of abuse, neglect, or exploitation is found to be valid, the contractor must take appropriate action. If the perpetrator has the right to appeal and if the appeal process determines the employee was not the perpetrator, the agency must document the findings and reorient the employee before working again with DADS wards.

Source Note: The provisions of this §361.75 adopted to be effective September 1, 2006, 31 TexReg 6797; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983