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 any person with cause to believe that a child has been abused to report the suspected abuse to the authorities. Requires a professional person to report the suspected abuse within 48 hours of learning about it. These reports may be made confidentially.
- Requires any person with cause to believe that a person who is elderly or who has a disability has been abused to report all incidents of abuse to the authorities. This report may be made confidentially.
- Provides a system to report abuse of persons who are residents of State facilities serving people with mental illness and or people with intellectual disabilities.
- 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 Statutes
- 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
- 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
- Texas Abuse Hotline:
(800) 252-5400