Neglect means that a caregiver fails to provide goods or services, including medical services, that are necessary to prevent physical or emotional harm or pain. Exploitation includes the illegal use by a caregiver of an elderly person's resources for monetary or personal gain, gain, or benefit. In Texas, a person 65 years of age or older is considered an elderly person. Any abuse or neglect of an elderly person should be reported.
Adult Protective Services is responsible for investigating abuse of older adults or adults with disabilities. This section also includes information about powers of attorney, guardianship, wills, and other laws affecting older adults. Committing abuse against these people can be classified as elder abuse. B) sexual abuse of an elderly person or person with a disability, including any involuntary or non-consensual sexual conduct that would constitute a crime under Section 21.08, Criminal Code (indecent exposure) or Chapter 22, Criminal Code (assault offenses), committed by the person's caregiver, family member or other person who has an ongoing relationship with the person.
B) The definitions of abuse, neglect, exploitation and a person receiving services adopted by the executive commissioner as prescribed by Section 48,251 (b) apply to an investigation of abuse, neglect, or exploitation conducted under Subchapter F. C) Except as provided in Subsection (b), the executive commissioner may by rule adopt definitions of abuse, neglect and exploitation, as an alternative to the definitions of those terms in Subsection (a), for the purpose of conducting an investigation under this chapter or Chapter 142, Health and Safety Code. B) Alleged or alleged abuse, neglect, or exploitation that occurs in a facility licensed under Chapter 242 or 247, Health and Safety Code, is governed by Chapter 260A, Health and Safety Code, except as otherwise provided in Subsection (c). Stakeholders in the adult protective services system, including local law enforcement agencies and prosecutors; C) The department may not include any confidential information in the survey results provided in Subsection (b) (or (unless ordered by a court).
(C) The duty imposed by subsections (a) and (b) applies without exception to a person whose knowledge of possible abuse, neglect or exploitation is obtained during the person's scope of employment or whose professional communications are generally confidential, including a lawyer, member of the clergy, medical professional, social worker, employee, or member of a board that licenses or certifies a professional, and mental health professional. E) If a person making a report under this section decides to provide self-identifying information, the social worker investigating the report will contact the person, if necessary, to obtain any additional information necessary to assist the person who is the subject of the report. B) This section does not apply if the alleged abuse, neglect, or exploitation occurred in a facility licensed under Chapter 242, Health and Safety Code. Failure to report abuse, neglect or exploitation occurring in a facility licensed under that chapter is governed by that chapter.
B) An offense under this section is a Class A misdemeanor. D) An employer whose employee acts under Subsection (a) or (b) is immune from civil or criminal liability for the complaint, testimony or participation of an employee in any judicial proceeding arising from a petition, report or investigation. This subsection does not apply to an employer who is the subject of an investigation. Except as provided in this section, all files, reports, records, communications and working documents used or developed in an investigation conducted under this chapter or in the provision of services as a result of an investigation.
E) The executive commissioner may adopt rules relating to the disclosure of information by the investigating state department or agency that is contained in the record of a deceased person who was the subject of an investigation conducted by the investigating state department or agency or to whom the department has provided protection services. The rules must be consistent with the purposes of this chapter and with any applicable state or federal law. The executive commissioner shall adopt rules, subject to Subsection (e-), that provide for disclosure, upon request, of confidential information in the deceased person's record to the designated personal representative for the person's estate. E- Information disclosed by the department or a state investigating agency under Subsection (d) or to a personal representative under Subsection (e) cannot include the identity of the person who made the report of abuse, neglect, or exploitation.
F) The investigating state department or agency may establish procedures for exchanging with another state agency or government entity the information necessary for the department, state agency or entity to properly perform its respective duties and responsibilities to provide services to older persons or persons with disabilities under this chapter or another law. An exchange of information under this subsection does not affect whether the information is subject to disclosure under Chapter 552, Government Code. G) The department may establish procedures for exchanging with a community service provider or local government entity confidential information related to a report made under Section 48.051 (a) that is necessary for the department, provider or entity to provide protective services, medical care, housing, services, or social services to the person who is the subject of the report. G- The executive commissioner, as a rule, shall provide policies and procedures designed to protect against unauthorized disclosure or dissemination of confidential information exchanged under Subsection (g).
D) The executive commissioner shall adopt the necessary rules to implement this section. Notify any health and social services agency, as defined in Section 531.001, Government Code, that contracts with the home and community support services agency for the provision of health care services of the department's determination; and B) Provide access to a confidential record or document by virtue of this does not constitute a waiver of confidentiality. C) This section does not apply to an investigation of alleged or alleged abuse, neglect or exploitation in which a supplier, as defined in Section 48.251, is or may be alleged to have committed the abuse, neglect or exploitation. An investigation described in this subsection is governed by subchapter F.
It does not refer to abuse, neglect or exploitation, as those terms are defined by the rules adopted by the executive commissioner under Section 48.002 (c), except that if the executive commissioner has not adopted the applicable rules under that section, the statutory definitions of those terms in Section 48.002 (a) shall be used. C) The executive commissioner, as a general rule, may assign priorities and prescribe investigative procedures to conduct investigations according to the degree of severity and immediacy of the alleged harm to the individual. Notwithstanding subsection (a), priorities and procedures may provide that an investigation is not required to be initiated within 24 hours in all cases. E) This section does not apply to investigations conducted under Subchapter F.
C) The state department or agency may conduct a private interview under this section or may include any person that the department or agency determines is necessary. B) If during the course of the department's investigation into reported abuse, neglect, or exploitation, a social worker in the department or the social worker's supervisor has reason to believe that a person with a disability who is a resident or client of a state-supported housing facility or of the ICF-IID component of El Rio Grande State Center has been abused, neglected, or exploited by another person in a manner that constitutes a criminal offense under any law, including Section 22.04, Penal Code, in addition to reporting to the appropriate law enforcement agency required by Subsection (a), the social worker shall notify the office of the commission inspector general and immediately provide the office of the commission inspector general with a copy of the department's investigation report. (B) A peace officer shall accompany and assist the person making an entry ordered by the court under this section, if, in the court's opinion, such action is necessary. E) A person, agency, or institution that has a requested record or document has the right to receive a notice and a hearing on a petition filed under this section.
F) Access to a confidential record under this section does not constitute a waiver of confidentiality. B) If the state department or agency, as applicable, determines under Subsection (a) (that a person needs protective services), the department or agency, in determining how those services may be provided as required by Subsection (a) (, will determine if the person may be eligible to receive community-based long-term care, long-term services and supports, and whether those services and supports are available. If the person is eligible for those services and supports, but the services and supports are not immediately available, the state department or agency will ensure that the person is placed on an appropriate waiting list to receive the services and supports and that the person's abuse, neglect, or exploitation is resolved before the department close the case. (D) Except as provided in Section 48.208, if an elderly person or a person with a disability withdraws or refuses to consent to voluntary protective services, the services may not be provided.
C- Notwithstanding Subsection (c) (), instead of a medical report described in Subsection (c) (), the request may include an assessment of the health status of the elderly person or person with a disability as described in Subsection (c), or the psychological state as described in Subsection (c), or a medical opinion. of the person's health status as described in subsection (c), if the department determines, after making a good faith effort, that a doctor from whom the department can obtain the medical report is not available. The department will ensure that the person conducting an assessment of the health or psychological status of the elderly person or person with a disability has training and experience in conducting the appropriate assessment. The emergency order terminates as provided in subsection (e); The court extends the order as provided in subsection (e-.
E- The court, after notice and a hearing, may extend an emergency order issued under this section, other than an emergency order that has ended under subsection (e), for a period not exceeding 30 days after the date on which the original emergency order for services of protection would have expired in subsection (e). The court, after notice and a hearing and for proven good cause, may grant a second extension of an emergency order of no more than 30 additional days. The court cannot grant more than two extensions of the original emergency order. An extension order that ends on a Saturday, Sunday, or legal holiday automatically extends to 4 p.m.
The first next business day. The court may modify or vacate the emergency order at the request of the department, the incapacitated person, or any person interested in the person's welfare. (F) Any medical facility, emergency medical service provider, or physician providing treatment or transportation to an elderly person or person with a disability pursuant to an emergency order under Subsection (d) or an emergency authorization under Subsection (h) shall not be liable for any damage arising out of treatment or transportation, except for damages resulting from the negligence of the center, provider or doctor. (G) The court shall appoint an ad litem attorney to represent the elderly person or the person with a disability in any proceeding initiated by the department under this section.
A reasonable fee, as determined by the court, will be paid to the ad litem prosecutor from the County General Fund. H) If the department is unable to obtain an emergency order under this section because the court is closed on a Saturday, Sunday, or legal holiday or after 5 p. m. The department must obtain an emergency order under this section no later than 4 p.
The first business day following the date protective services are provided. If the department does not obtain an emergency order, it will stop providing protective services and, if necessary, will make arrangements for the immediate return of the person to the place from which they were expelled, to the person's place of residence in the state, or to another suitable place. (I) If the removal by the department of a person from the person's place of residence under this section results in that residence becoming vacant, the department shall notify the appropriate law enforcement agency of the vacancy to facilitate the monitoring of the residence by the enforcement agency of the law. B) the department has reason to believe that you are an incapacitated person as defined by Section 1002.017 (, Probate Code.
B) Notwithstanding subsection (a), if a less restrictive alternative to guardianship is appropriate and available to the individual, the department will seek that alternative rather than making a referral to the Department of Aged and Disability Services for guardianship services. B) In a county with a population of more than 2.8 million, the prosecutor representing the state in civil cases in the county court will represent the department in any proceeding under this chapter, unless the representation is a conflict of interest. A) mental health services, as defined in Section 531.002, Health and Safety Code; and B) interventions provided to treat chemical dependency, as defined in Section 461A, 002, Health and Safety Code. G) an employee, tax agent, case manager or service coordinator of an individual employer participating in the consumer service option as defined in Government Code Section 531.051.(C) A provider receiving a full investigation report under Subsection (a) shall send the report to the managed care organization with which the provider contracts services for the alleged victim.
B) This section does not prohibit a home- and community-based service provider from firing an employee for a reason other than retaliation. C) Each State agency that may receive reports under this section, or the person responsible for adopting rules for that State agency, shall adopt rules relating to the investigation and resolution of reports received under this section. E) A state agency that receives a complaint related to an investigation conducted under this section shall refer the complaint to its board of directors, if applicable, or to another person or entity designated to receive such complaints for review and appropriate action. F) The executive commissioner, as a general rule, shall adopt minimum standards for the investigation of suspected abuse, neglect or exploitation of an elderly person or person with a disability under this section.
G) A rule or policy adopted by or for a state agency under Subsection (c) must be consistent with the minimum standards adopted by the executive commissioner. B) a person exempt from license under Section 142.003 (a) (1) or (20) of the Health and Safety Code; D) a provider investigated by the department under Subchapter F or Section 261.404, Family Code. ii) an individual employer participating in the consumer-oriented service option as defined in Section 531,051, Government Code; B) provides personal care, active treatment, or any other service to a person receiving agency services, a person who is a child for whom a investigation authorized under Section 261.404, Family Code, or a person receiving services through the consumer service option, as defined in Section 531.051, Government Code; and C) is not licensed by the state to perform the services that the individual provides for the agency or individual employer participant in the consumer-facing service option, as defined in Section 531,051, Government Code. A statement notifying the employee that if the employee does not respond in a timely manner to the notification, the finding that the employee committed the reportable conduct will be recorded in the employee's misconduct record under Section 253.007, Health and Safety Code.
C) If the employee notified of the violation accepts the department's determination or fails to respond to the notification in a timely manner, the commissioner or the commissioner's designee shall issue an order approving the conclusion and order that the department's findings be sent to the Department of Aging and Services for disabled persons will be recorded in the employee's misconduct record under Section 253.007, Health and Safety Code. B) No later than 30 days after the date on which the decision becomes final under Chapter 2001, Government Code, the employee may file a motion for judicial review challenging the conclusion of the reportable conduct. If the employee does not seek judicial review of the judgment, the department will send a record of the department's findings to the Department of Aged and Disability Services for recording in the employee's misconduct record under Section 253.007, Health and Safety Code. (D) If the court finds that reportable conduct has occurred, the department shall refer the determination of reportable conduct to the Department of Aging and Disability Services to record the reportable conduct in the employee's misconduct record under Section 253.007, Health and Safety Code.
B) If a government agency of another state or the federal government determines that an employee has committed an act that constitutes reportable conduct, the department may submit to the Department of Aging and Disability Services, for registration in the employee's misconduct record, the name of the employee, the address of the employee, the employee's social security number, if available, the name of the agency, the address of the agency, the date of the act, and a description of the act. Elders are perceived as vulnerable and, in a situation where you are accused of abuse, courts may believe that the elder is above you. D) The responsibilities prescribed by this chapter are exclusive to persons designated for other state or federal agencies authorized or required by law to provide protective services to seniors or persons with disabilities who are determined to be in a state of abuse, neglect, or exploitation. The Texas Legislature recently enacted a new law that criminalizes financial abuse of the elderly.
A protective services agency may provide protective services to an elderly person or a person with a disability with the person's consent, or to a relative or caregiver of the person on the person's behalf with the consent of the relative or caregiver or, if the older person or the person with a disability does not the capacity to give consent, without the consent of that person as provided for in this chapter. In addition, failure to provide adequate care and care to an elderly person who is confined to a hospital or care facility may constitute elder abuse. Promptly notify an appropriate law enforcement agency, unless the law enforcement agency reports the alleged abuse, neglect, or exploitation to the department; and. .