Revision 19-0; Effective July 1, 2019

 

 

HHSC contractors must comply with state laws governing the reporting of suspected abuse and neglect of children, adults with disabilities, or individuals 65 years of age or older. Contractors must have an agency policy regarding abuse and neglect.

To report abuse or neglect, call the Texas Abuse Hotline at 800-252-5400, use the secure website, or call any local or state law enforcement agency for cases that pose an imminent threat or danger to an individual.

 

3100 Child Abuse Reporting, Compliance and Monitoring

Revision 19-0; Effective July 1, 2019

 

Family Code, Chapter 261, requires suspected abuse or neglect of a child to be reported. Human Resources, Chapter 48, requires suspected abuse, neglect or exploitation of an elderly person, a person with a disability or an individual receiving services from certain home and community-based providers to be reported.

Contractors and providers are required to develop policies and procedures that comply with the reporting guidelines and requirements set forth in Chapter 261 of the Texas Family Code.

Policy – Contractors must develop an internal policy specific to:

  • how child abuse reporting requirements will be implemented throughout their agency;
  • how staff will be trained; and
  • how internal monitoring will be done to ensure timely reporting.

Procedures – During Quality Assurance (QA) monitoring, the following procedures will be utilized to evaluate compliance:

  • The contractor's process to ensure that staff is reporting abuse as required by Family Code, Chapter 261. To verify compliance, QA monitors will review that the contractor:
    • has an internal policy which details how the contractor will determine, document, report and track instances of abuse, sexual or non-sexual, for all individuals under the age of 18 in compliance with the Texas Family Code, Chapter 261;
    • follows their internal policy; and
    • documents staff training on child abuse reporting requirements and procedures.
  • The contractor’s internal policy must clearly describe the reporting process for child abuse.

References for child abuse reporting policy development – Child Abuse Reporting Requirements for DSHS Contractors and Providers; includes links to policies, child abuse reporting form and statutory references, available at http://www.dshs.texas.gov/childabusereporting/default.shtm.

 

3200 Human Trafficking

Revision 19-0; Effective July 1, 2019

 

HHSC mandates that contractors comply with state laws governing the reporting of abuse and neglect. Additionally, as part of the requirement that contractors comply with all applicable federal laws, family planning contractors must comply with the federal anti-trafficking laws, including the Trafficking Victims Protection Act of 2000. (22 USC §7101, et seq.)

Contractors must have a written policy on human trafficking which includes the provision of annual staff training.

References for Human Trafficking Policy Development  

Human trafficking into and within the United States: A review of the literature on human trafficking in the U.S. for the U.S. Department of Health and Human Services.

Polaris Project website: Contains links to victim and survivor support and other resources for health care providers and victims.

Polaris Project: Recognize the signs. Provides lists of common identifiable features of human trafficking victims in multiple settings.

Rescue and Restore Campaign by the U.S. Department of Health and Human Services. Contains multiple resources for health care providers, social service personnel, and law enforcement for identifying and aiding trafficking victims. Includes PowerPoint presentations for training purposes.

 

3300 Domestic and Intimate Partner Violence

Revision 19-0; Effective July 1, 2019

 

Intimate partner violence (IPV) describes physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy.

Contractors must have a written policy related to assessment and prevention of domestic and intimate partner violence, including the provision of annual staff training.