This article is presented courtesy of the Office
of the Attorney General of the State of Texas.
Reports of abuse, neglect, and exploitation of the
elderly and the disabled continue to increase.
Whether in a pattern of family violence or as the
result of institutional violence, abuse is a
tragedy you can help prevent.
If you have cause to believe that the physical or
mental health of an elderly or disabled person has
been adversely affected by abuse or neglect, you
are required by Texas law to report this to the
proper authorities. This information below will
help you recognize symptoms of abuse and neglect
and tell you where to report them.
Texas Law Requires You to Report Elder Abuse
Anyone who has reasonable cause to believe that an
elderly or disabled person is being abused,
exploited, or neglected is required by law to
report the information to the Texas Department of
Human Services Long Term Care Regulatory. Failure
to report abuse, neglect, or exploitation is a
Class A Misdemeanor.
The report may be made orally or in writing and
must include:
- The name and address of the resident,
- The name and address of the person or
facility responsible for the care of the
resident,
- The nature and extent of the elderly or
disabled person's condition,
- Any other relevant information
You can file a lawsuit against an institution, or the owner or employee of an institution, if you are fired or suspended from your job because you reported the abuse or neglect of a resident to your supervisors, to the Department of Human Services Long Term Care Regulatory, or to a law enforcement agency.
What to Look For
In many cases, an abused person is totally dependent on the abuser and is afraid to complain for fear of reprisal. There are a number of signs, however, that indicate abuse or neglect.
Physical Abuse
- Frequent injuries such as bruises, cuts,
black eyes or bums are signs of abuse,
especially when the caretaker cannot
adequately explain how they happened
- Frequent complaints of pain without obvious
injury
- Bums or bruises in an unusual pattern that
may indicate the use of instruments,
cigarettes, or similar items
- Passive, withdrawn, and emotionless behavior
- Lack of reaction to pain
- Reports of physical abuse
Sexual Abuse
- Physical signs of sexually transmitted
diseases
- Evidence of injury to the genital area
- Difficulty in sitting or walking
- Fear of being alone with caretakers
- Reports of sexual assault
Neglect
- Obvious malnutrition
- Lack of personal cleanliness
- Habitually dressed in tom or dirty clothes
- Obvious fatigue and listlessness
- Begs for food
- In need of medical or dental care
- Left unattended for long periods of time
- Reports of neglect
Where to Report
You can call 1-800-252-8011, if the patient is in
a Medicaid facility. This is the Medicaid Fraud
Hotline of the Office of the Attorney General. Or
call 1-800-458-9858 (Texas Department of Human
Services, Long Term Care or 1-800-252-5400 (Texas
Department of Protective and Regulatory Services).
"A person, including an owner or employee of
an institution, who has cause to believe that the
physical or mental health or welfare of a resident
has been adversely affected by abuse or neglect
caused by another person shall report the abuse or
neglect. A report of abuse or neglect shall be
made to the Texas Department of Human Services
Long Term Care Regulatory, or a local law
enforcement agency. Failure to report abuse,
neglect or exploitation is a Class A
Misdemeanor."
Texas Health & Safety Code, Chapter 242
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