Patricia Mosley// Texas Health and Human Services Commission and Texas Department of Family and Protective Services v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services// Cross-Appellee, Patricia Mosley
Patricia Mosley is appealing a trial court's decision that affirmed the Texas Health and Human Services Commission's (HHSC) order to place her on the Employee Misconduct Registry (EMR). This placement stems from an incident where AW, a disabled individual under Mosley's one-to-one supervision, swallowed batteries. Mosley argues that her actions did not constitute neglect, asserting that maintaining constant arm's-length supervision for nearly seven hours alone was impossible, AW's secretive self-harming behavior was unforeseeable given the absence of warning signs, and she lacked adequate training for AW's specific needs. The core legal arguments revolve around the definition of 'neglect' as a negligent act requiring foreseeability and the proper application of a negligence standard versus a strict liability standard.