(a) If the investigator determines that an adult who lives in a residence that is owned, operated, or controlled by an HCS waiver program provider but does not receive HCS waiver services is in immediate threat of serious physical harm or death as a result of abuse, neglect, or exploitation, then the investigator requests that the HCS waiver program provider, if appropriate, take action to remove the threat of physical harm or death. In deciding whether it is appropriate to request that the provider take action, the investigator considers the following factors at a minimum:
  (1) ability of the provider to take action in a timely manner;
  (2) identity of the alleged perpetrator;
  (3) setting of the service provision; and
  (4) type of action needed to remove the threat.
(b) If the investigator determines that it is not appropriate to request that the HCS waiver program provider take action or if the HCS waiver program provider does not respond appropriately to a request, then the investigator utilizes the resources of the APS In-home staff to provide emergency services necessary to prevent serious physical harm or death.

Source Note: The provisions of this §711.555 adopted 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