Chapter 23: Unusual Incidents, Including Abuse, Exploitation, or Neglect of People with Disabilities

23.1 Overview

Consumer safety is of the utmost importance to the CRS program. This chapter provides the guidelines for appropriate steps when the counselor knows of any unusual incidents, including abuse, exploitation, or neglect of CRS consumers.

Texas law requires that the provider immediately reports all allegations or suspected incidents of abuse, neglect, or exploitation of persons with disabilities to the appropriate investigatory agency, or, if taking place in other than a residential situation, the local law enforcement agency. If a licensed professional is involved, a provider reports to the appropriate professional licensure agency and the local law enforcement agency.

23.2 Reporting and Documenting Allegations of Abuse, Neglect, or Exploitation

To report allegations of abuse, neglect, or exploitation, the person who has cause to believe that abuse, neglect, or exploitation has occurred:

  1. immediately contacts law enforcement, if the incident is a threat to health or safety;
  2. immediately reports the incident to the appropriate investigatory agency;
  3. documents in the consumer’s case file which investigatory agency was contacted, including the reference number provided by the investigatory agency; and
  4. notifies his or her manager, supervisor, or the appropriate contract manager of the allegation.

The supervisor, manager, or the appropriate contract manager:

  1. consults with the Health and Human Services (HHS) Employee Relations Unit staff member assigned to the CRS program for next steps;
  2. consults with HHS Legal Services, as appropriate; and
  3. fills out an HHS-4740 Security Incident Report within 48 hours of the date the allegation was made and forwards it by email to:

If a licensed professional is involved as an alleged perpetrator, the information must be reported to the appropriate professional licensure agency as well.

If injuries are sustained as the result of an alleged incident, the employee, supervisor, manager, or appropriate contract manager must also:

  1. enter an Accident/Incident report in CAPPS, then download and email an electronic copy to the CRS Incident Report mailbox; or
  2. complete HR0805, Accident/Incident Investigation Report, and submit the form to

23.3 Provider Responsibilities

The provider must develop policies and procedures regarding the recognition and appropriate reporting of such allegations or incidents. If a CRS consumer is involved in an allegation of abuse, exploitation, or neglect, these procedures must also require notification of the appropriate CRS counselor and the liaison counselor within one business day. Procedures must also ensure cooperation with investigations conducted by the CRS program.

The appropriate investigating agency's toll-free number and the CRS liaison counselor's office number must be posted in a location that is readily accessible to consumers and to the staff.

Upon notification of abuse, neglect, and exploitation allegations that involve a CRS consumer, the provider must cooperate with the CRS program staff member with respect to providing information about the incident.

23.4 Reporting to Investigatory Agencies

A CRS program staff member who has cause to believe that a minor child, an adult with a disability, or a person 65 years of age or older is at risk of or in a state of harm due to abuse, neglect, or exploitation shall immediately report the information to the appropriate investigatory agency. (See the table in 23.5 Reporting Process Table.) If the incident is a threat to health or safety, also immediately report the incident to the local law enforcement agency.

It is required to report suspected abuse, neglect, or exploitation to the appropriate investigatory agency directly, regardless of the circumstances.

23.5 Reporting Process Table

If the alleged abuse, neglect, or exploitation occurs in:

The CRS program staff member who has cause to believe abuse, neglect, or exploitation has occurred, reports the information to:

  • A Texas Department of Family and Protective Services licensed childcare operation, including a residential childcare operation.
  • A state licensed facility or community center that provides services for mental health, intellectual disabilities, or related conditions;
  • An adult foster home (with three or fewer consumers, which is not licensed by DADS);
  • An unlicensed room and board facility;
  • A school; or
  • A person's home.

Texas Department of Family and Protective Services Statewide Intake
P.O. Box 149030
Austin, Texas 78714-9030
Voice 1-800-252-5400
Fax (512) 832-2090

www.txabusehotline.org

A Texas Department of Aging and Disability Services (DADS) licensed assisted living care facility, nursing home, adult day care, private intermediate care facility for individuals with intellectual disability (ICF/ID), or adult foster care

Texas Department of Aging and Disability Services
Complaints Management & Investigations
P.O. Box 149030, Mail Code E-340
Austin, Texas 78714-9030
1-800-458-9858

A Texas Department of State Health Services licensed substance abuse facility or program

Texas Department of State Health Services
Substance Abuse Compliance Group
Investigations
1100 W. 49th St.
Austin, Texas 78756
Mail Code 2823
1-800-832-9623

The Criss Cole Rehabilitation Center, Texas Department of Assistive and Rehabilitative Services,
4800 N. Lamar Blvd.
Austin, Texas 78756

Report incident to DARS Incident Report Mailbox at: DARS.IncidentReport@dars.state.tx.us

Follow relevant policy found in the Criss Cole Rehabilitation Center Policy Manual Section 3.6

A Texas Department of State Health Service licensed hospital

Texas Department of State Health Services
Facility Licensing Group
1100 W. 49th St.
Austin, TX 78756
Complaint Hotline
1-888- 973-0022

23.6 Allegations Involving a Comprehensive Rehabilitation Services Provider as Alleged Perpetrator

To report consumer allegations of abuse, neglect, or exploitation that involve a CRS provider as the alleged perpetrator, the:

  1. CRS program staff member or manager contacts law enforcement if the incident is a threat to health or safety;
  2. CRS program staff member or manager consults with the contract manager to determine a course of action;
  3. the manager or supervisor consults with Health and Human Services (HHS) Legal Services, as appropriate; and
  4. the CRS program staff member or manager fills out an HHS-4740 Security Incident Report within 48 hours of the date the allegation was made and forwards it by email to:

If injuries are sustained as the result of an alleged incident, the CRS program staff member or manager must also:

  1. enter an Accident/Incident report in CAPPS, and send an electronic copy to the CRS Incident Report mailbox; or
  2. complete HR0805, Accident/Incident Investigation Report, and submit to:
    • HHS Enterprise Risk Management by interagency mail to Mail Code 1529 or by fax to (512) 706-7353; and
    • the CRS Incident Report mailbox.