25 Tex. Admin. Code § 1.206 - Completion of Investigation

(a) After receiving an allegation which the Texas Department of Health (department) determines is appropriate for investigation, the department's investigator shall finish an investigation within:

(1) 14 days if the child or elderly or disabled person is in the facility at the time the department receives the allegation;

(2) 60 days for all other allegations; or

(3) the time period set by an extension granted to the investigator by his or her supervisor.

(b) Following the investigation, the investigator shall submit an investigative report, including:

(1) a statement of the allegations;

(2) a summary of the investigation;

(3) an analysis of the evidence;

(4) the investigator's determination as to whether or not abuse, neglect, or exploitation occurred;

(5) designation of the perpetrator, if possible;

(6) a determination as to how the incident should be classified in accordance with § 1.204 of this title (relating to Abuse, Neglect, and Exploitation Defined); and

(7) recommendations resulting from the investigation.

(c) An investigation is not considered complete until review of the investigative report is completed by all appropriate department personnel.

(d) If the department determines that the child or elderly or disabled person should be removed from the facility in order to protect the child or person from further abuse, neglect, or exploitation, the department shall inform the Texas Department of Protective and Regulatory Services within 24 hours of the determination.

(e) If the investigation confirms abuse, neglect, or exploitation, the written report of the completed investigation by the department, along with the department's recommendations and related documents, shall be submitted to:

(1) the appropriate district or county attorney or law enforcement agency if the report concerns abuse or neglect of a child;

(2) the Texas Department of Protective and Regulatory Services if protective services are necessary;

(3) the appropriate probate court if a guardian has been appointed for an elderly or disabled person; and

(4) the appropriate state or local law enforcement agency if the report concerns abuse of an elderly or disabled person which could constitute a criminal offense under any law, including the Penal Code, § 22.04.

(f) In cases of abuse, neglect, or exploitation by a licensed, certified, or registered health care professional, the department may forward a copy of the completed investigative report to the state agency which licenses, certifies or registers the health care professional. Any information which might reveal the identity of the reporter or any other patients or clients of the facility must be blacked out or deidentified.

(g) The department shall notify the reporter, if known, in writing of the outcome of the complete investigation.

(h) The department shall notify the alleged victim, and his or her parent or guardian if a minor, in writing of the outcome of the completed investigation.

(i) If the department receives a complaint about a department investigation of abuse, neglect, or exploitation in a facility, the department shall refer the complaint to the appropriate associate commissioner or office which oversees the investigations in that particular facility.

Notes

25 Tex. Admin. Code § 1.206

The provisions of this §1.206 adopted to be effective November 16, 1995, 20 TexReg 9161.