SECTION 711.1. What is the purpose of this chapter?

The purpose of this chapter is to:

(1) implement Human Resources Code (HRC), Chapter 48, Subchapter F, and Texas Family Code §261.404.

(2) describe:

(A) Adult Protective Services (APS) investigations of allegations of abuse, neglect, and exploitation involving:

(i) adults or children receiving services from a provider, as that term is defined in HRC §48.251(9), if the person alleged or suspected to have committed the abuse, neglect, or exploitation is a provider;

(ii) adults or children who live in a residence that is owned, operated, or controlled by a provider in the home and community-based services (HCS) waiver program described by §534.001(11)(B), Government Code, regardless of whether the individual is receiving services under the home and community-based services (HCS) waiver program; and

(iii) children receiving services from a home and community support services agency licensed under Chapter 142, Health and Safety Code, if the person alleged or suspected to have committed the abuse, neglect, or exploitation is an officer, employee, agent, contractor, or subcontractor of the home and community support services agency; and

(B) that APS does not investigate allegations if the provider alleged or suspected to have committed the abuse, neglect, or exploitation is operated, licensed, or certified, or registered by a state agency that has the authority to investigate a report of abuse, neglect, or exploitation of an individual by the provider;

(3) define abuse, neglect, and exploitation for investigations conducted under Human Resources Code, Chapter 48, Subchapter F and Texas Family Code §261.404;

(4) describe procedures for reporting and investigating allegations; and

(5) implement Human Resources Code, Chapter 48, Subchapter I, relating to the Employee Misconduct Registry maintained by DADS, as described in Subchapter O of this chapter (relating to Employee Misconduct Registry).

Source Note: The provisions of this §711.1 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2002, 27 TexReg 955; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective September 1, 2012, 37 TexReg 6322; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617