Adult Protective Services Handbook Revision May 2011

This revision of the Adult Protective Services Handbook was published on May 1 2011. Summaries of new or revised items are provided below.

APS In-Home Revisions for Release 2

This is the second of three APS policy releases for FY 2011. The release contains a number of small edits to the investigation section, service delivery and purchased client services. The changes are small and designed to provide clarification in each of these areas in order to address requests from external stakeholders, quality assurance and regional staff. Also included with this release are some notable changes to policy regarding when a client dies during an APS case.

Summary of Changes

  •  Modify procedures in how APS receives and processes Form 2357 sent to APS by DADS for an IMPACT background check when someone is applying to be an adult foster care provider.

  •  Clarify that a 45-day consult isn’t necessary if the supervisor has read and rejected the case.

  •  Clarify procedures for interviewing flow through reporters.

  •  Clarify PCS restrictions portion of section 3500 to match what is in 3521.

  •  Modify service category descriptions to expand the uses for PCS services.

  •  Add procedures to follow when inappropriate intakes are being referred to APS by hospitals.

  •  Correct chart in section 5422.1 regarding where request for release hearing forms are sent.

  •  Modify policy to allow staff who have a SVC case that is ready to close and can’t be merged to close that case even if another intake is received. The specialist will not be required to inform the client of the SVC case’s closure due to the new intake remaining open.

  •  Clarify that a problem may be marked on the CARE tool that doesn’t rise to the level of ANE and the case closed as invalid or UTD.

  •  When it is determined an in-home intake should have been an MH&MR intake, the PA determines if the case should be reclassified by SWI or if in-home will finish the investigation.

  •  Clarify if APS is paying a utility for a client that is in another person’s name, that must be noted on the service authorization.

  •  Clarify that referrals to law enforcement that do not meet the definition of ANE can be made by phone or fax.

  •  Modify procedures in how cases are handled when a client dies in the investigation stage and service delivery stage of an open APS case.

Revised Items

The items below have been revised to reflect the policy changes described above.

1341 Procedure for Assessing Allegations

1430 Assessing State Mental Health and Mental Retardation Services Allegations

1431 Procedure for Assessing State Mental Health and Mental Retardation Services Allegations

1561 Allegations in Hospitals

1561.1 Procedure for Allegations in Hospitals

1561.2 Examples of Ongoing Protective Services Following Hospital Discharge

1561.3 Examples of Hospital Discharge Without a Need for Ongoing Protective Services

2270 Referring Cases to Law Enforcement

2332 Documentation of Information About Principals

2332.1 Privacy Rights Regarding the Social Security Number

2333 Documentation of Investigation Contacts

2342.1 Procedure for Interviewing Alleged Perpetrators

2344 Interviewing the Reporter

2344.1 Procedure for Interviewing the Reporter With Firsthand Knowledge

2344.12 Procedure for Interviewing a Reporter Without Firsthand Knowledge

2412 Documentation for the Client Assessment and Risk Evaluation (CARE)

2511.1 Exceptions for Monthly Status Contacts During Investigations

2522 Procedure for 45-Day Supervisory Consults

2650 Client Dies During the Investigation

2651 Procedure When Client Dies Before the Initial Face-to-Face Is Completed

2652 Procedure When Client’s Death is Related to Natural Causes, Accident, or Self-Neglect

2652.1 Documentation of Death Due to Natural Causes or Accident

2652.2 Documentation of Death Due to Self-Neglect

2652.3 Procedure for Rapid Closure When Client’s Death is Related to Natural Causes, Accident, or Self-Neglect

2652.31 Documentation of Rapid Closure When Death is Due to Natural Causes, Accident or Self-Neglect

2653 Procedure When Alleged Perpetrator’s Actions Did Not Contribute to Client’s Death

2653.1 Documentation of Death When Alleged Perpetrator’s Actions Did Not Contribute to Client’s Death

2653.2 Procedure for Rapid Closure When the Alleged Perpetrator’s Actions Did Not Contribute to Client’s Death

2653.21 Documentation of Rapid Closure When Alleged Perpetrator’s Actions Did Not Contribute to the Client’s Death

2654 Procedure When Alleged Perpetrator Is EMR-Eligible

2655 Procedure When Alleged Perpetrator’s Actions May Have Contributed to the Client’s Death

2655.1 Documentation When the Alleged Perpetrator’s Actions May Have Contributed to the Client’s Death

2672 Procedure for Investigations Involving Persons Served by State-Operated or Contracted Mental Health and Mental Retardation Programs

2672.1 Circumstances That Require APS MH and MR Investigation

2672.2 Circumstances That Require APS In-Home Investigation

2821 Investigation Closure Reason Codes

2821.1 Rapid Closure Codes and Disposition of Other

3251.1 Exceptions for Monthly Status Contacts During Service Delivery

3471 Procedure for Case Closure During Service Delivery

3474 Client Dies During Service Delivery

3474.1 Procedures to Follow When a Client Dies During Service Delivery

3475.1 Documentation When Client’s Death Involves Natural Causes or Accident

3475.2 Documentation When Client’s Death Involves Self-Neglect

3475.3 Documentation When Client’s Death May Involve Allegations Validated in the Investigation Stage

3475.31 Corrections to Allegation Detail When Investigated Allegations Contribute to Client’s Death During Service Delivery

3475.4 Documentation When Client’s Death May Involve New Incidents of Allegations Investigated or Validated During the Investigation Stage

3475.5 Documentation When Client’s Death Involves New Allegations of Abuse or Neglect by an Alleged Perpetrator

3500 Purchased Client Services (PCS)

3510 Description of Purchased Client Services

3511 Use of Purchased Client Services for Guardianship Referrals

3512 Restrictions of Purchased Client Services

3535 APS Service Authorization

4784.1 Procedure for Joint Staffing Process for Referrals to DADS Guardianship Services

5112.1 Individuals and Entities Entitled to the Case Record

5112.11 Procedure for Obtaining APS Case Records

5112.12 Disclosure of Case Information to the Reporter and Others

5112.13 Release of APS Case Records to MH&MR Facilities or Providers

5117 Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys

5119 Providing Information to DADS on Adult Foster Care Applicants or Staff of a Home and Community Support Services Agency (HCSSA)

5119.1 Release of Information on Adult Foster Care Provider Applicants (DADS Form 2357, DFPS Records Check)

5120 Release of Case Information to Entities Responsible for Protection of Clients

5240 Case Merge

5241 When to Merge Cases

5242 Case Merge Checklist

5400 Due Process

5411.1 Definition of Reportable Conduct

5411.11 Definition of Harm

5411.12 Required Information for EMR-Eligible Investigations

5411.13 Emergency Release of Findings

5411.2 Subject Matter Expert Review

5411.3 Valid – Reportable Conduct Allegation Disposition

5411.4 Regional Director Review

5411.5 APS EMR Database

5413.1 Decision to Pursue Inclusion on the EMR Is Reversed

5422.1 Procedure for Administrative Review in Non-EMR Cases

5424.21 Release of Findings on Investigations of Home and Community Support Services Agency (HCSSA) Staff

5424.22 Release of Findings on Investigations of Foster Home Providers and Employees

5424.3 Emergency Release of Findings in Non-EMR Cases

5424.4 Release of APS Findings to Professional Licensing Boards, Commissions, and Other Agencies

5424.41 Release of APS Findings to the Texas State Board of Social Work Examiners

5424.42 Release of APS Findings to the Texas Board of Nursing

5424.43 Release of APS Findings to the Texas Medical Board

5424.44 Release of APS Findings to State Bar of Texas

5430 Due Process for Client Protection

5431 Sending Notice of Intent to Release in Client Protection Cases

5432 Administrative Review in Client Protection Cases

5432.1 Procedure for Administrative Review in Client Protection Cases

5433 Conducting Release Hearings for Client Protection Cases

5433.1 Receipt or Non-Receipt of Request for a Release Hearing in Client Protection Cases

5433.2 Release Hearing and Subsequent Activities in Client Protection Cases

5434 Notification and Release of Findings in Client Protection Cases

5434.1 Notification of Decision in Client Protection Cases

5434.2 Release of Findings in Client Protection Cases

5434.3 Emergency Release of Findings in Client Protection Cases

5434.31 Notice of Emergency Release of Findings to the Designated Perpetrator in Client Protection Cases

5440 Cases Involving School Employees

5441 Administrative Review for School Employees

5442 Releasing the APS Investigation to School Officials

5443 Notification of Release of Findings for School Employees

5443.1 Criteria for Administrative Review for School Employees

5444 Notification of Final Findings for School Employees

Appendix IV: Definitions Related to Guardianship Cases

Appendix VII: APS Specialist Safety

Appendix XV: Death Policy Decision-Making Trees

Renumbered Items

The items below have been renumbered to conform with current handbook numbering conventions. No other changes have been made to policy in these items. See:

1211 Procedure for Providing Interpreter Services

1212 Procedure for Accommodations for Visual Impairments

1213 Procedure for Accommodations for Hearing Impairments

1214 Procedure for Accommodations for Speech Impairments

1215 Documentation for LEP or Sensory or Speaking Impairments

1221 Procedure for Delivering Protective Services in a Culturally Competent Manner

1311 Procedure for Eligibility Criteria

1321 Procedure for Disability Determination

1322 Inability to Work and Disability Determination

1322.1 Procedure for Inability to Work and Disability Determination

1322.2 Example of Inability to Work That Does Not Meet APS Disability Criteria

1323 Disability Payments and APS Eligibility

1323.1 Procedure for Disability Payments and APS Eligibility

1331.1 Procedure for Establishing Perpetrators of Abuse and Exploitation

1331.2 Examples of Ongoing Relationship

1331.3 Examples of What Is Not an Ongoing Relationship

1332.1 Procedure for Establishing Perpetrators of Neglect

1332.2 Examples of Caretaker Relationship

1332.3 Examples of What Is Not a Caretaker Relationship

1333.1 Procedure for Establishing Children as Perpetrators

1342 Physical Neglect (PHNG) Allegations

1342.1 Procedure for Assessing Physical Neglect (PHNG) Allegations

1343 Mental Health Neglect (MHNG) Allegations

1343.1 Procedure for Assessing Mental Health Neglect Allegations (MHNG)

1344 Medical Neglect (MDNG) Allegations

1344.1 Procedure for Assessing Medical Neglect (MDNG) Allegations

1345 Emotional or Verbal Abuse (EMAB) Allegations

1345.1 Procedure for Assessing Emotional or Verbal Abuse (EMAB) Allegations

1346 Physical Abuse (PHAB) Allegations

1346.1 Procedure for Assessing Physical Abuse Allegations

1347 Sexual Abuse (SXAB) Allegations

1347.1 Procedure for Assessing Sexual Abuse Allegations

1348 Exploitation (EXPL) Allegations

1348.1 Procedure for Assessing Exploitation (EXPL) Allegations

1349 Suicidal Threat (SUTH) Allegations

1349.1 Procedure for Assessing Suicidal Threat Allegations

1351 Procedure for Assessing Family Violence Allegations

1361 Procedure for Death Allegations

1371 Procedure for Do Not Resuscitate (DNR) and Removal of Life Support Allegations

1381 Procedure for Need for Consent to Medical Treatment Allegations

1410 Procedure for Assessing Allegations Involving Other DFPS Programs

1420 Assessing Residential Child Care Facility Allegations

1421 Procedure for Assessing Residential Child Care Facility Allegations

1430 Assessing State Mental Health and Mental Retardation Services Allegations

1431 Procedure for Assessing State Mental Health and Mental Retardation Services Allegations

1432 Home and Community Based Services Waiver (HCSW) Investigations Allegations

1510 Procedure for Allegations in Facilities Investigated by Texas State Agencies

1520 Examples of Allegations in Facilities Regulated by Other Texas State Agencies

1530 Procedure for Complaints That Do Not Allege Abuse, Neglect, or Exploitation

1540 Allegations Involving Texas Department of Aging and Disability Services (DADS)

1541 Allegations in Facilities That Are Licensed or Unlicensed but Subject to Licensure by DADS Regulatory Services

1541.1 Procedure for Assessing Allegations in Facilities That Are Licensed or Unlicensed but Subject to Licensure by DADS Regulatory Services

1541.2 Procedure for Determining if an Assisted Living Facility Is Licensed or Subject to Licensure by DADS Regulatory Services

1541.3 Procedure for Emergency Situations Involving Facilities That Are Licensed or Unlicensed but Subject to Licensure by DADS Regulatory Services

1541.4 Procedure for Closure of Facilities That Are Licensed or Unlicensed but Subject to Licensure by DADS Regulatory Services

1550 Allegations Involving Schools

1551 Procedure for Assessing Allegations Involving Schools

1560 Allegations Involving the Texas Department of State Health Services (DSHS)

1570 Allegations Occurring on Indian Reservations

1571 Procedure for Allegations Involving Indian Nations

1611 Procedure for Priority I Allegations

1612 Examples of Priority I Allegations

1621 Procedure for Priority II Allegations

1622 Examples of Priority II Allegations

1631 Procedure for Priority III Allegations

1632 Examples of Priority III Allegations

1641 Procedure for Priority IV Allegations

1642 Examples of Priority IV Allegations

1710 Procedure for Sensitive and High Profile Cases

1720 Documentation for Handling Sensitive and High Profile Cases

1730 Examples of Sensitive and High Profile Cases

2656 Adult Fatality Review Team

2656.1 Procedure for Referring a Case to the Adult Fatality Review Team

3520 Procedures for Using Purchased Client Services (PCS)

3521 Assessing the Need for Purchased Client Services

3522 Developing a Service Plan When Using Purchased Client Services

3523 Authorizing Purchased Client Services

3524 Monitoring Purchased Client Services

3525 Obtaining Management Approval to Authorize Purchased Client Services (PCS)

3526 Obtaining a Emergency Medical or Mental Health Assessment

3527 Providing Purchased Client Services in Home- and Community-Based Services Waiver (HCSW) Programs

3530 Documenting Purchased Client Services

3531 Client's Budget and Financial Resources

3532 Client's Participation in Service Planning

3533 Receipt of Purchased Goods or Services by Client

3534 Approvals for Purchased Client Services

3536 Modifying the Initial Service Authorization

3537 Major Appliance Purchases

3538 Home Repairs or Heavy Cleaning

5444 Notification of Final Findings for School Employees

Appendix III: APS Decision-Making Tree

Appendix V: Guardianship Memorandum of Understanding

Appendix VI: Non-Appropriated Funds Policy

Appendix VIII: Definitions of Person Characteristics

Appendix IX: APS Service Codes, Descriptions, Unit Types and Descriptions

Appendix X: Mexican Consulates

Appendix XI: Procedures for Accessing Long-Term Care Benefits and Resources Based on Citizenship Status

Appendix XII: Sample Affidavit for Guardianship

Appendix XIII: Entering Information on the Guardianship Referral Form

Appendix XIV: Instructions for Entering Information Into the APS EMR Database

Cross-References Updated in:

The items below have been revised only to update links broken by items that have been move or renumbered

2211 Procedure for Case Initiation

2233 Examples of Situations That Pose a Threat to Life or Physical Safety

2261 Procedure When Client Refuses to Cooperate With APS Investigation

2333 Documentation of Investigation Contacts

2351 Procedure for Taking Photographs

2430 Assessing Indicators of a Lack of Capacity to Consent to or Refuse Protective Services During an Investigation

2432 Procedure for Seeking Medical or Mental Health Evaluations

2441 Procedure for Undue Influence

2621 Procedure for Working With Local Code Enforcement

2622 Procedure for Working With Local Animal Control

2623 Procedure for Working With the Texas Department of Public Safety

2671 Procedure for Investigations in Residential Child Care Facilities

2673 Procedure for Providing Emergency Client Services During an MH and MR Investigation in an HCSW Program

2681.1 Procedure for Investigations Involving Schools

2682 Investigations in Boarding Home Facilities

2682.1 Procedure for Investigations Involving Boarding Home Facilities

2691 Procedure for Allegations Involving Home and Community Support Services Agencies (HCSSA) Employees

2711 Procedure for Determining Allegation Validity

3110 Determining Eligibility for Services

3130 Providing Services Regardless of the Client’s Financial Resources

3140 Incorporating Cultural Competency in Service Delivery

3200 APS Service Plan

3218 Documenting Use of Purchased Client Services

3355 Using Purchased Client Services (PCS) for Personal Attendant Care

3420 Service Delivery to Non-Citizens

3423 Service Delivery When a Non-Citizen Is Without Appropriate Immigration Documents

3424 Changing Immigration Status and Referring Clients to Local Agencies

3425 Working with Mexico and El Desarrollo Integral de la Familia (DIF)

3431 Roles and Responsibilities of APS

3531 Client's Budget and Financial Resources

3532 Client's Participation in Service Planning

3533 Receipt of Purchased Goods or Services by Client

3534 Approvals for Purchased Client Services

3535 APS Service Authorization

3536 Modifying the Initial Service Authorization

3537 Major Appliance Purchases

3538 Home Repairs or Heavy Cleaning

3610 State Term Contract Procurement Cards

3611 Procedures for the Use of State Term Contract Procurement Cards

3612 Documenting State Term Contract Procurement Card Purchases

3622 Determining Rate for POPS

3625.1 Documentation Requirements for Subsequent 60-Day Placements

3632 Documentation Requirements for Contracts

3642 Documentation Requirements for Claims Processing

3652 Documentation Requirements for a Program-Directed Purchase

4782.2 Procedure for Staffing and Completing a Standard Referral to DADS Guardianship Services

4782.3 Procedure for Case Management After Standard Referral Form Is Submitted to DADS

4782.4 Documenting the APS Guardianship Referral Form for Standard Referrals

4783.4 Procedure for Case Management After Emergency Referral Form Is Submitted to DADS

4783.5 Documenting the APS Guardianship Referral Form for Emergency Referrals

4784.2 Review of the Decision by the Guardianship Review Committee (GRC)

5100 Confidentiality, Disclosure, and Release of Case Information

5310 Designated Perpetrators Ineligible for an Administrative Desk Review

5412 Notification of Reportable Conduct

5420 Due Process for Non-EMR Cases