(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
  (1) Abuse, neglect, and exploitation of a minor have the meanings assigned in THSC Chapter 260A; and
  (2) Employee means an individual directly employed by a center, a contractor, or a volunteer.
(b) DADS investigates a complaint or an incident of abuse, neglect, or exploitation when the act occurs at a center, a center employee is responsible for the care of a minor at the time the act occurs, or the alleged perpetrator is associated with the center. A complaint of abuse, neglect, or exploitation that does not meet these criteria must be referred to the Department of Family and Protective Services.
(c) A center must adopt and enforce a written policy relating to the center's procedures for preventing, detecting, and reporting alleged acts of abuse, neglect, and exploitation of a minor.
(d) A center's employee who has cause to believe that the physical or mental health or welfare of a minor has been or may be adversely affected by abuse, neglect, or exploitation must report the information immediately:
  (1) to DADS Consumer Rights and Services section at 1-800-458-9858 or via the DADS website;
  (2) to one of the following law enforcement agencies in accordance with THSC Chapter 260A:
    (A) a municipal law enforcement agency, if the center is located in the territorial boundaries of a municipality; or
    (B) the sheriff's department of the county in which the center is located if a center is not located in the territorial boundaries of a municipality; and
  (3) in accordance with Texas Family Code, §261.101.
(e) The following information must be reported to DADS:
  (1) name, age, and address of the alleged victim;
  (2) name and address of the person responsible for the care of the alleged victim;
  (3) nature of the alleged act;
  (4) nature and extent of the alleged victim's condition;
  (5) identity of the alleged perpetrator; and
  (6) any other relevant information.
(f) A center must investigate allegations of abuse, neglect, or exploitation immediately and send a written report of the investigation using DADS Provider Investigation Report form to the DADS Complaint Intake Unit no later than five days after the initial report.
(g) A center must complete DADS Provider Investigation Report form and include the following information:
  (1) incident date;
  (2) the alleged victim;
  (3) the alleged perpetrator;
  (4) any witnesses;
  (5) the allegation;
  (6) any injury or adverse effect;
  (7) any assessments made;
  (8) any treatment required;
  (9) the investigation summary; and
  (10) any action taken.
(h) A center must require an employee, as a condition of employment with a center, to sign a statement indicating that the employee may be criminally liable for the failure to report abuse, neglect, or exploitation.
(i) A center must prominently and conspicuously post a readable sign for display in a public area accessible to minors, minors' parents, employees and visitors that reads: "Cases of Suspected Abuse, Neglect, or Exploitation Shall be Reported to the Department of Aging and Disability Services by calling 1-800-458-9858."

Source Note: The provisions of this §550.903 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875