Adult

A person 18 or older or an emancipated minor.

Allegation

A report by an individual that an individual receiving services in a state operated and/or contracted setting that serves children and adults with mental illness or intellectual disabilities has been or is in a state of abuse, neglect, or exploitation.

Alleged Perpetrator

Staff employed in a state operated and/or contracted setting that serves persons with mental illness or intellectual disabilities who is reported to have abused, neglected or exploited a person served in these settings.

Alleged Victim

A person served in a state operated and/or contracted setting who is alleged to have been abused, neglected, or exploited.

APS

Adult Protective Services, a division of DFPS.

APS Provider Investigations Program

Investigates allegations of abuse, neglect, and exploitation (ANE) of individuals receiving services from certain providers, including state-operated and/or contracted programs that serve adults and children with mental illness and intellectual disabilities, Medicaid providers of home and community-based services (HCBS) and behavioral health services, certain Home and Community Support Service Agency (HCSSA) and all Consumer Directed Services (CDS) employees. APS Provider Investigations Program also investigates allegations of ANE involving children receiving services from a HCSSA.

Caretaker

A guardian, representative payee, or other person who by act, words, or course of conduct has acted so as to cause a reasonable person to conclude that he has accepted the responsibility for protection, food, shelter, or care for an alleged victim. This excludes paid caretakers as defined in 40 TAC §705.1001(8).

Confidentiality

Client records are not open to public inspection.

Confirmed

Based on a preponderance of the evidence, it is more likely than not that abuse, neglect, or exploitation occurred.

Designated Perpetrator

An employee, agent, or contractor of a facility, local authority, community center, or HCS who has been determined in a confirmed finding to have abused, neglected or exploited a person served in these settings.

Designated Victim

An alleged victim with a confirmed abuse, neglect, or exploitation finding.

Developmental Disability

A severe, chronic disability of an individual that:

  • results from an intellectual and/or physical impairment;
  • begins before age 22;
  • is likely to be life-long;
  • results in major limitations in three or more areas of everyday functioning (self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency); and
  • reflects the individual’s need for special services that are individually planned and coordinated.

Disabled Person

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 18 years of age or older (or under 18 years of age and who has had the disabilities of minority removed).

Emancipated Minor

A person under 18 years of age who has the power and capacity of an adult. This includes a minor who has had the disabilities of minority removed by a court of law or a minor who, with or without parental consent, has been married. (Marriage includes common-law marriage).

Emotional or Verbal Abuse

When the alleged perpetrator is a direct provider -- any act or use of verbal or other communication, including gestures, to:

  • Curse, vilify, or degrade an individual receiving services; or
  • Threaten an individual receiving services with physical or emotional harm.

In order for the definition of emotional or verbal abuse to be met, the act or communication must:

  • Result in observable distress or harm to the individual receiving services; or
  • Be of such a serious nature that a reasonable person would consider it harmful or causing distress.

Exploitation

When the alleged perpetrator is a direct provider to an individual receiving services in or from a facility, local authority, community center, or HCS waiver program or TxHmL waiver program provider,

  • The illegal or improper act or process of using an individual receiving services or the resources of an individual receiving services for monetary or personal benefit, profit, or gain; and
  • Excludes theft as defined in Chapter 31 of the Texas Penal Code.
  • When the alleged perpetrator is a direct provider to an individual receiving services from any other services provider, exploitation:
  • Is defined as the illegal or improper act or process of using or attempting to use an individual receiving services or the resources of an individual receiving services for monetary or personal benefit, profit, or gain; and
  • Includes theft as defined in Chapter 31 of the Texas Penal Code.

Facility

DADS and DSHS central offices, state supported living centers, state hospitals, the Rio Grande State Center, the Waco Center for Youth, and the El Paso Psychiatric Center including community services operated by DADS or DSHS

  • A person contracting with a health and human services agency to provide inpatient mental health services
  • Intermediate care facilities for individuals with an intellectual disability or related conditions (ICF-IID) licensed under Chapter 252, Health and Safety Code

Facility Non-Institutional Settings

Home and Community-Based Waiver (HCS-W) services, Texas Home Living Waiver program and Community Centers. Community Centers may contract to provide a number of IDD services including privately operated Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF-IID), home and community-based services Waiver (HCS-W) and adult day programs.

False Reports

A person commits an offense if the person knowingly or intentionally reports information that the person knows is false or lacks factual foundation. Such an offense is a Class A misdemeanor.

Immunity

A person filing a report, participating in an investigation, testifying, or participating in any judicial proceeding arising from a petition, report, or investigation is immune from civil or criminal liability. A person, including an authorized department volunteer, medical personnel, or law enforcement officer, who participates in an investigation or the provision of services is also immune as long as the person is acting in good faith.

Incapacitated Person

An adult individual who, because of a physical or mental condition is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs; a missing person; or a person who must have a guardian appointed to receive funds due the person from any governmental source. (A minor is also a legally incapacitated person.)

Inconclusive

There is not a preponderance of credible evidence to indicate that abuse, neglect, or exploitation did or did not occur due to lack of witnesses or other available evidence.

Information Management Protecting Adults and Children in Texas (IMPACT)

The browser-based software application by which Adult Protective Services (APS) and Child Protective Services (CPS) staff document cases.

Intake Priorities for Facility Investigations

Priority I

Priority I reports have a serious risk that a delay in the investigation will impede the collection of evidence, or allege that the victim has been subjected to maltreatment by an act or omission that caused or may have caused serious physical or emotional harm. Priority I reports include, but are not limited to: death, sexual abuse, serious physical abuse injury, serious verbal or emotional abuse, or incitement to harm self or others. The investigator must attempt a face-to-face contact with the alleged victim within 24 hours of receipt of the report by the department.

Priority II

Priority II reports have some risk that a delay in investigation will impede the collection of evidence, or allege that the victim has been subjected to maltreatment by act or omission that caused or may have caused non-serious physical injury, or emotional harm not included in Priority I. Priority II reports include, but are not limited to, the following: non-serious physical injury, non-serious verbal/emotional abuse, and/or exploitation. The investigator must attempt a face-to-face contact with the alleged victim within three calendar days of receipt of the report by the department.

Priority III

Priority III reports allege maltreatment that would otherwise be classified as Priority I or II but the alleged incident occurred more than 30 days prior to the date of the report and there is no known or perceived risk. The investigator must attempt a face-to-face contact with the alleged victim within seven calendar days of receipt of the report by the department. Investigations in SSLCs and the ICF-IID component of the Rio Grande State Center can only be PI or PII.

Institution

An establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment and provides minor treatment under the direction and supervision of a physician licensed by the Texas State Board of Medical Examiners, or other services that meet some need beyond the basic provision of food, shelter, and laundry.

Least Restrictive Alternative

An action or service that protects a client while allowing personal autonomy to the fullest degree possible.

Neglect

When the alleged perpetrator is a direct provider, neglect is defined as a negligent act or omission which caused, or may have caused, physical or emotional injury or death to an individual receiving services, or which placed an individual receiving services at risk of physical or emotional injury or death.
Neglect includes, but is not limited to, the failure to:

  • establish or carry out an appropriate individual program plan or treatment plan for a specific individual receiving services, if such failure results in a physical or emotional injury or death to an individual receiving services or which placed an individual receiving services at risk of physical or emotional injury or death;
  • provide adequate nutrition, clothing, or health care to an individual receiving services in a residential or inpatient program if such failure results in physical or emotional injury or death to an individual receiving services or which placed an individual receiving services at risk of physical or emotional injury or death; or
  • provide a safe environment for a specific individual receiving services, including the failure to maintain adequate numbers of appropriately trained staff, if such failure results in physical or emotional injury or death to an individual receiving services or which placed an individual receiving services at risk of physical or emotional injury or death.

Objection to Medical Treatment

Medical treatment may not be ordered for clients who object to treatment on religious grounds.

Physical Abuse

When the alleged perpetrator is a direct provider, physical abuse is defined as:

Reporter

A person who initiates an unsolicited report to DFPS, alleging the abuse, neglect, or exploitation of an APS client.  If more than one person makes an unsolicited report of the same allegation of abuse, neglect, or exploitation of the same APS client, each person is designated as a reporter.

Safety Assessment

The Safety Assessment is a tool used by the APS specialist to assess and document the alleged victim’s current safety.  The APS specialist assesses alleged victims’ overall risk of harm and level of safety to determine if immediate interventions are necessary. 

Sexual Abuse

When the alleged perpetrator is a direct provider, sexual abuse is defined as any sexual activity, including but not limited to:

  • kissing an individual receiving services with sexual intent;
  • hugging an individual receiving services with sexual intent;
  • stroking an individual receiving services with sexual intent;
  • fondling an individual receiving services with sexual intent;
  • engaging in with an individual receiving services:
  • sexual conduct as defined in the Texas Penal Code, §43.01 or
  • any activity that is obscene as defined in the Texas Penal Code, §43.21;
  • requesting, soliciting, or compelling an individual receiving services to engage in:
  • sexual conduct as defined in the Texas Penal Code, §43.01, or
  • any activity that is obscene as defined in the Texas Penal Code, §43.21;
  • in the presence of an individual receiving services:
  • engaging in or displaying any activity that is obscene, as defined in the Texas Penal Code §43.21, or requesting, soliciting, or
  • compelling another person to engage in any activity that is obscene, as defined in the Texas Penal Code §43.21; 
  • committing sexual exploitation as defined in 40 TAC §711.15, against an individual receiving services;
  • committing sexual assault as defined in the Texas Penal Code §22.011, against an individual receiving services;
  • committing aggravated sexual assault as defined in the Texas Penal Code, §22.021, against an individual receiving services; and
  • causing, permitting, encouraging, engaging in, or allowing the photographing, filming, videotaping, or depicting of an individual receiving services if the direct provider knew or should have known that the resulting photograph, film, videotape, or depiction of the individual receiving services is obscene as defined in the Texas Penal Code, §43.21, or is pornographic.

Consensual sexual activity between a direct provider and an adult receiving services is not considered sexual abuse if the consensual sexual relationship began prior to the direct provider becoming a paid direct provider.

Unconfirmed

There is a preponderance of credible evidence to support that abuse, neglect, or exploitation did not occur.

Unfounded

Evidence gathered indicates that the allegation is spurious or patently without factual basis.