(a) A program provider must:
(1) ensure that an individual and LAR are, before or at the time the individual begins receiving a TxHmL Program service or a CFC service and at least annually thereafter:
(2) ensure that each staff member, service provider, and volunteer are:
(3) conduct the activities described in paragraph (2)(A) - (C) of this subsection before a staff member, service provider, or volunteer assumes job duties and at least annually thereafter.
(b) If a program provider, staff member, service provider, volunteer, or controlling person knows or suspects an individual is being or has been abused, neglected, or exploited, the program provider must report or ensure that the person with knowledge or suspicion reports the allegation of abuse, neglect, or exploitation to DFPS immediately, but not later than one hour after having knowledge or suspicion, by:
(1) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-647-7418; or
(2) using the DFPS Abuse Hotline website.
(c) If a report required by subsection (b) of this section alleges abuse, neglect, or exploitation by a person who is not a service provider, staff member, volunteer, or controlling person, a program provider must:
(1) as necessary:
(2) discuss with the individual or LAR alternative residential settings and additional services that may help ensure the individual's safety;
(3) when taking the actions described in paragraphs (1) and (2) of this subsection, avoid compromising the investigation or further traumatizing the individual; and
(4) preserve and protect evidence related to the allegation.
(d) If a report required by subsection (b) of this section alleges abuse, neglect, or exploitation by a service provider, staff member, volunteer, or controlling person; or if a program provider is notified by HHSC of an allegation of abuse, neglect, or exploitation by a service provider, staff member, volunteer, or controlling person, the program provider must:
(1) as necessary:
(2) take actions to secure the safety of the individual, including if necessary, ensuring that the alleged perpetrator does not have contact with the individual or any other individual until HHSC completes the investigation;
(3) when taking the actions described in paragraphs (1) and (2) of this subsection, avoid compromising the investigation or further traumatizing the individual;
(4) preserve and protect evidence related to the allegation; and
(5) notify, as soon as possible, but no later than 24 hours after the program provider reports or is notified of an allegation, the individual, the LAR, and the service coordinator of:
(e) During an HHSC investigation of an alleged perpetrator who is a service provider, staff member, volunteer, or controlling person, a program provider must:
(1) cooperate with the investigation as requested by HHSC, including providing documentation and participating in an interview;
(2) provide HHSC access to:
(3) ensure that staff members, service providers, volunteers, and controlling persons comply with paragraphs (1) and (2) of this subsection.
(f) After a program provider receives a final investigative report from HHSC for an investigation described in subsection (e) of this section, the program provider must:
(1) if the allegation of abuse, neglect, or exploitation is confirmed by HHSC:
(2) if the allegation of abuse, neglect, or exploitation is unconfirmed, inconclusive, or unfounded:
(3) immediately, but not later than five calendar days after the date the program provider receives the HHSC final investigative report:
(4) within 14 calendar days after the date the program provider receives the final investigative report, complete and send to HHSC the HHSC Notification to Waiver Survey and Certification (WSC) Regarding an Investigation of Abuse, Neglect or Exploitation form; and
(5) upon request of the individual or LAR, provide to the individual or LAR a copy of the HHSC final investigative report after removing any information that would reveal the identity of the reporter or of any individual who is not the alleged victim.
Source Note: The provisions of this §566.15 adopted to be effective October 1, 2019, 44 TexReg 5062; transferred effective June 19, 2023, as published in the May 26, 2023 issue of the Texas Register, 48 TexReg 2732