Pascal Bergeron
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(a) In accordance with the memorandum of understanding (relating to Memorandum of
Understanding Concerning Protective Services for the Elderly), between the Texas Department
of Human Services (DHS) and the Texas Department of Protective and Regulatory Services,
DHS receives and investigates reports of abuse, neglect, and exploitation of elderly and disabled
persons or other residents living in facilities licensed under this chapter.
(b) DHS only investigates complaints of abuse, neglect, or exploitation when the act occurs in
the facility, when the licensed facility is responsible for the supervision of the resident at the time
the act occurs, or when the alleged perpetrator is affiliated with the facility. Other complaints of
abuse, neglect, or exploitation not meeting this criteria must be referred to the Texas Department
of Protective and Regulatory Services.
(c) Complaint investigations must include a visit to the resident’s facility and consultation with
persons thought to have knowledge of the circumstances. If the facility fails to admit DHS staff
for a complaint investigation, DHS will seek a probate or county court order for admission.
Investigators may request of the court that a peace officer accompany them.
(d) In cases concluded to be physical abuse, the written report of the investigation by DHS must
be submitted to the appropriate law enforcement agency.
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(e) In cases concluded to be abuse, neglect, or exploitation of a resident with a guardian, the
written report of the investigation by DHS must be submitted to the probate or county court
which oversees the guardianship.

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