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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP |
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Subtitle E. PROTECTION OF THE CHILD |
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Chapter 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT |
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Subchapter E. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION IN CERTAIN FACILITIES |
Sec. 261.404. INVESTIGATIONS REGARDING CERTAIN CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION
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(a) The department shall investigate a report of abuse, neglect, or exploitation of a child receiving services:
(1) in a facility operated by the Department of Aging and Disability Services or a mental health facility operated by the Department of State Health Services;
(2) in or from a community center, a local mental health authority, or a local mental retardation authority;
(3) through a program providing services to that child by contract with a facility operated by the Department of Aging and Disability Services, a mental health facility operated by the Department of State Health Services, a community center, a local mental health authority, or a local mental retardation authority;
(4) from a provider of home and community-based services who contracts with the Department of Aging and Disability Services; or
(5) in a facility licensed under Chapter 252, Health and Safety Code.
(b) The department shall investigate the report under rules developed by the executive commissioner of the Health and Human Services Commission with the advice and assistance of the department, the Department of Aging and Disability Services, and the Department of State Health Services.
(c) If a report under this section relates to a child with mental retardation receiving services in a state supported living center or the ICF-MR component of the Rio Grande State Center, the department shall, within one hour of receiving the report, notify the facility in which the child is receiving services of the allegations in the report.
(d) If during the course of the department's investigation of reported abuse, neglect, or exploitation a caseworker of the department or the caseworker's supervisor has cause to believe that a child with mental retardation described by Subsection (c) 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, the caseworker shall immediately notify the Health and Human Services Commission's office of inspector general and promptly provide the commission's office of inspector general with a copy of the department's investigation report.
(e) The definitions of "abuse" and "neglect" prescribed by Section 261.001 do not apply to an investigation under this section.
(f) In this section:
(1) "Community center," "local mental health authority," "local mental retardation authority," and "state supported living center" have the meanings assigned by Section 531.002, Health and Safety Code.
(2) "Provider" has the meaning assigned by Section 48.351, Human Resources Code.