Re: Elderly-Disabled Abuse/Neglect Statutes

[Guest guest]

Jay, Just wanted to thank you on printing out the penal codes on abuse,

neglect of the children and the elderly. I am the secretary of a small

service and would like to print these up and include them in a book

available to all the members of my department who might have a question

about penal codes involving EMS. This way they can look them up themselves

instead of having to track them down in the penal code book, or try to track

down a police officer to ask, who in turn would probably have to look them

up themselves. Thanks again, appreciate it. Anymore relevant ones? Pass

them on. Alison P

[texasems-L] Re: Elderly-Disabled Abuse/Neglect Statutes

>I failed to put this section in my last message

>

>

>Sec. 48.0361. Failure to Report; Penalty.

>

> (a) A person commits an offense if the person has cause to

>believe that an elderly or disabled person has been abused,

>exploited, or neglected or is in the state of abuse,

>exploitation, or neglect and knowingly fails to report in

>accordance with Section 48.036 or Subchapter E. An offense under

>this subsection is a Class A misdemeanor.

>

> ( This section does not apply if the alleged abuse,

>exploitation, or neglect occurred in a facility licensed under

>Chapter 242, Health and Safety Code. Failure to report abuse,

>exploitation, or neglect that occurs in a facility licensed under

>that chapter is governed by that chapter.

>

>Added by Acts 1987, 70th Leg., ch. 1052, Sec. 5.03, eff. Sept. 1,

>1987.

>

>

> [texasems-L] Elderly-Disabled Abuse/Neglect Statutes

>

>

>> I sent the legal issues & statutes regarding Child Abuse/Neglect earlier.

>> These sections from the Human Resources Code deal with Elderly

>> abuse/neglect. They are basically the same, except failing to report

>> Elderly Abuse/Neglect is a CLASS A misdemeanor (you are criminally

>liable).

>>

>> Penal Code

>> Sec. 12.21. Class A Misdemeanor.

>>

>> An individual adjudged guilty of a Class A misdemeanor shall be

>> punished by:

>>

>> (1) a fine not to exceed $4,000;

>>

>> (2) confinement in jail for a term not to exceed one year; or

>>

>> (3) both such fine and confinement.

>>

>> Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

>> Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

>> 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

>> 1994.

>>

>>

>>

>> HUMAN RESOURCES CODE

>> SUBCHAPTER C. DEPARTMENT INVESTIGATION OF REPORTS OF SUSPECTED

>> ABUSE, EXPLOITATION, OR NEGLECT

>> Sec. 48.002. Definitions.

>>

>> In this chapter:

>>

>> (1) " Elderly person " means a person 65 years of

age

>> or

>> older.

>>

>> (2) " Abuse " means:

>>

>> (A) the negligent or wilful infliction of injury,

>> unreasonable confinement, intimidation, or cruel punishment

>> with resulting physical or emotional harm or pain to an

>> elderly or disabled person by the person's caretaker, family

>> member, or other individual who has an ongoing relationship

>> with the person; or

>>

>> ( sexual abuse of an elderly or disabled person,

>> including any involuntary or nonconsensual sexual conduct

>> that would constitute an offense under Section 21.08, Penal

>> Code (indecent exposure) or Chapter 22, Penal Code

>> (assaultive offenses), committed by the person's caretaker,

>> family member, or other individual who has an ongoing

>> relationship with the person.

>>

>> (3) " Exploitation " means the illegal or improper

>act

>> or

>> process of a caretaker, family member, or other individual who

>> has an ongoing relationship with the elderly or disabled person

>> using the resources of an elderly or disabled person for

>> monetary or personal benefit, profit, or gain without the

>> informed consent of the elderly or disabled person.

>>

>> (4) " Neglect " means the failure to provide for

>one's

>> self

>> the goods or services, including medical services, which are

>> necessary to avoid physical or emotional harm or pain or the

>> failure of a caretaker to provide such goods or services.

>>

>> (5) " Protective services " means the services

>> furnished by

>> the department or by a protective services agency to an elderly

>> or disabled person who has been determined to be in a state of

>> abuse, exploitation, or neglect. These services may include

>> social casework, case management, and arranging for psychiatric

>> and health evaluation, home care, day care, social services,

>> health care, and other services consistent with this chapter.

>>

>> (6) " Protective services agency " means a public or

>> private

>> agency, corporation, board, or organization that provides

>> protective services to elderly or disabled persons in the state

>> of abuse, exploitation, or neglect.

>>

>> (7) " Department " means the Department of

Protective

>> and

>> Regulatory Services.

>>

>> (8) " Disabled person " means a person with a

mental,

>> physical, or developmental disability that substantially

>> impairs the person's ability to provide adequately for the

>> person's care or protection and who is:

>>

>> (A) 18 years of age or older; or

>>

>> ( under 18 years of age and who has had the

>> disabilities of minority removed.

>>

>> (9) " Legal holiday " means a state holiday listed

in

>> Subchapter B, Chapter 662, Government Code , or an officially

>> declared county holiday.

>>

>> Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff.

>> Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 274, ch. 51,

>> Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 730, ch.

>> 172, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 264,

>> Sec. 16, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 568, Sec.

>> 1, eff. Sept. 1, 1987.

>>

>> Amended by Acts 1991, 72nd Leg., ch. 213, Sec. 1, eff. Sept. 1,

>> 1991; Acts 1995, 74th Leg., ch. 76, Secs. 5.95(15), 8.041, eff.

>> Sept. 1, 1995; Acts 1995, 74th Leg., ch. 303, Sec. 3, eff. Sept.

>> 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 51, eff. Sept. 1,

>> 1997.

>>

>> Sec. 48.036. Report.

>>

>> (a) Except as prescribed by Section 48.082, a person having cause

>> to believe that an elderly or disabled person is in the state of

>> abuse, exploitation, or neglect shall report the information

>> required by Subsection ( immediately to the department.

>>

>> ( The report may be made orally or in writing. It shall

>> include:

>>

>> (1) the name, age, and address of the elderly or disabled person;

>>

>> (2) the name and address of any person responsible for the

>> elderly or disabled person's care;

>>

>> (3) the nature and extent of the elderly or disabled person's

>> condition;

>>

>> (4) the basis of the reporter's knowledge; and

>>

>> (5) any other relevant information.

>>

>> © The duty imposed by Subsection (a) applies without exception

>> to a person whose professional communications are generally

>> confidential, including an attorney, clergy member, medical

>> practitioner, social worker, and mental health professional.

>>

>> (d) to (f) Repealed by Acts 1995, 74th Leg., ch. 303, Sec. 15(1),

>> eff. Sept. 1, 1995.

>>

>> Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff.

>> Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 730, ch. 172,

>> Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, Sec.

>> 5.02, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 247, Sec. 16,

>> eff. June 14, 1989.

>>

>> Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(22), eff. Sept.

>> 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.043, eff. Sept. 1,

>> 1995; Acts 1995, 74th Leg., ch. 303, Secs. 6, 15(1), eff. Sept.

>> 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 54, eff. Sept. 1,

>> 1997.

>>

>> Sec. 48.0361. Failure to Report; Penalty.

>>

>> (a) A person commits an offense if the person has cause to

>> believe that an elderly or disabled person has been abused,

>> exploited, or neglected or is in the state of abuse,

>> exploitation, or neglect and knowingly fails to report in

>> accordance with Section 48.036 or Subchapter E. An offense under

>> this subsection is a Class A misdemeanor.

>>

>> ( This section does not apply if the alleged abuse,

>> exploitation, or neglect occurred in a facility licensed under

>> Chapter 242, Health and Safety Code. Failure to report abuse,

>> exploitation, or neglect that occurs in a facility licensed under

>> that chapter is governed by that chapter.

>>

>> Added by Acts 1987, 70th Leg., ch. 1052, Sec. 5.03, eff. Sept. 1,

>> 1987.

>>

>> Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(21), eff. Sept.

>> 1, 1991; Acts 1995, 74th Leg., ch. 303, Sec. 7, eff. Sept. 1,

>> 1995; Acts 1997, 75th Leg., ch. 1278, Sec. 1, eff. Sept. 1, 1997.

>>

>> Sec. 48.039. Immunity.

>>

>> (a) A person filing a report under this chapter or testifying

>> or otherwise participating in any judicial proceeding arising

>> from a petition, report, or investigation is immune from civil or

>> criminal liability on account of his or her petition, report,

>> testimony, or participation, unless the person acted in bad faith

>> or with a malicious purpose.

>>

>> ( A person, including an authorized department volunteer,

>> medical personnel, or law enforcement officer, who at the request

>> of the department participates in an investigation required by

>> this chapter or in an action that results from that investigation

>> is immune from civil or criminal liability for any act or

>> omission relating to that participation if the person acted in

>> good faith and, if applicable, in the course and scope of the

>> person's assigned responsibilities or duties.

>>

>> © In this section, " volunteer " means a person who:

>>

>> (1) renders services for or on behalf of the

>> department

>> under the supervision of a department employee; and

>>

>> (2) does not receive compensation that exceeds the

>> authorized expenses the person incurs in rendering those

>> services.

>>

>> Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff.

>> Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 730, ch. 172,

>> Sec. 1, eff. Sept. 1, 1983.

>>

>> Amended by Acts 1995, 74th Leg., ch. 303, Sec. 10, eff. Sept. 1,

>> 1995.

>>

>>

>>

>>

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