Houston Criminal Defense Attorney - Art. 2.27 Reports of Investigations.
Art. 2.27 - Investigation of Certain Reports Alleging Abuse: Art. 2.27 addresses the investigation of reports alleging abuse, focusing on two key scenarios:
Immediate Risk of Physical or Sexual Abuse of a Child: When the Department of Family and Protective Services receives a report alleging immediate risk of physical or sexual abuse of a child by someone responsible for their care, custody, or welfare, the report is assigned the highest priority. According to the law, a peace officer from the local law enforcement agency must conduct a joint investigation with the department or the relevant agency responsible for the investigation under Subchapter E, Chapter 261, Family Code.
Reports of Abuse or Neglect in Nursing Homes or Related Institutions: The second part of Art. 2.27 pertains to reports of abuse or neglect or other complaints from residents of nursing homes, convalescent homes, or related institutions. The appropriate local law enforcement agency is obligated to investigate these reports in accordance with Section 242.135 of the Health and Safety Code.
Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE.
(a) On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report.
(b) On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution under Section 242.126(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 242.135, Health and Safety Code.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 6.001, eff. September 1, 2011.
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