(a) If the investigator determines that an individual receiving services from a licensed ICF-IID is in immediate threat of serious physical harm or death as a result of abuse, neglect, or exploitation, then the investigator requests that the licensed ICF-IID, if appropriate, take action to remove the threat of physical harm or death. In deciding whether it is appropriate to request that the licensed ICF-IID take action, the investigator considers the following factors at a minimum:
  (1) the ability of the licensed ICF-IID to take action in a timely manner;
  (2) identity of the alleged perpetrator;
  (3) location of the licensed ICF-IID site; and
  (4) type of action needed to remove the threat.
(b) If the investigator determines that it is not appropriate to request the licensed ICF-IID to take action or if the licensed ICF-IID does not respond appropriately to a request, then the investigator contacts DADS Regulatory division and provides DADS with all information that DFPS believes makes it necessary for DADS to file a petition for temporary care and protection of a resident. If DADS determines, based on information from the DFPS investigator, that immediate removal is necessary to protect the resident from further abuse, neglect, or exploitation, DADS will file the petition.

Source Note: The provisions of this §711.553 adopted to be effective June 1, 2010, 35 TexReg 4180; 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