Texas Disability Law - Safety and Protection from Abuse and Neglect
Texas Law
- Provides protection through investigation, and resolution of allegations of abuse, neglect, or exploitation of individuals with disabilities.
- Provides specific protection for students of the Texas School for the Deaf (TSD), and the Texas School for the Blind and Visually Impaired (TSBVI).
- Requires allegations of abuse to be reported within 48 hours.
- Requires any person to report all incidents of abuse of a person who is elderly or has a disability.
- Provides a system to report abuse of persons who are residents of State facilities serving people with mental illness and or mental retardation.
- Provides criminal liability for nursing home employees who fail to report incidents of abuse, or neglect of residents.
- Provides that all State agencies use standardized definitions of abuse, neglect and exploitation and maintain consistent procedures with each other for investigation of incidents.
- Bars persons with certain convictions from working directly with clients in facilities serving people who are elderly or have disabilities.
- Provides increased penalties for sexual assault of victims with disabilities.
- Prohibits a provider from retaliation against anyone making an allegation or providing information of abuse, neglect or exploitation.
Texas Legal Citation
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Investigation of Child Abuse:
Texas Family Code, Chapter 261 -
Investigation of Adult Abuse:
Texas Human Resources Code, Chapter 48 -
Protection for TSD and TSBVI Students:
Texas Family Code, Chapter 261.003 -
Reporting of Abuse:
Texas Family Code, Chapter 261.101
Texas Human Resources Code, Chapter 48.051- 48.054
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Investigations in MHMR Facilities:
Texas Family Code, Section 261.404
Texas Human Resources Code, Chapter 48.252 -
Reporting of Abuse or Neglect in Nursing Homes:
Texas Health & Safety Code, Chapter 242.122 -
Standardized Definition of Abuse:
Texas Family Code, Chapter 261.407 -
Employment Restrictions:
Health and Safety Code, Chapter 250.006 -
Victims:
Texas Penal Code, Chapter 22.021 - Retaliation:
Texas Human Resources Code, Section 1, subchapter H, Section 48.358
Contact
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Texas Department of Family and Protective Services
(512) 438-4800, (800) 252-5400 -
Texas Abuse Hotline:
(800) 252-5400
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Adult
Protective Services
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Child
Protective Services
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Texas Department of Aging and Disability Services
(512) 438-3011 -
Texas Health and Human Services Commission
211, (877) 541-7905 - Long-term Care Ombudsman
(512) 438-3011
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