(a) HHSC only investigates complaints of abuse, neglect, or exploitation when the act occurs in the facility, the licensed facility is responsible for the supervision of the client at the time the act occurs, or the alleged perpetrator is affiliated with the facility. HHSC refers complaints of abuse, neglect, or exploitation not meeting these criteria to the Texas Department of Family and Protective Services.
(b) Complaint investigations must include a visit to the facility and consultation with persons thought to have knowledge of the relevant circumstances. If the facility fails to admit HHSC staff for a complaint investigation, HHSC seeks a probate or county court order for admission. Investigators may request of the court that a peace officer accompany them during investigations.
(c) In cases concluded to be physical abuse, HHSC submits the written report of the investigation to the appropriate law enforcement agency.
(d) In cases concluded to be abuse, neglect, or exploitation of a client with a guardian, HHSC submits the written report of the investigation to the probate or county court that oversees the guardianship.

Source Note: The provisions of this §559.97 adopted to be effective July 10, 2024, 49 TexReg 4909