Adult Protective Services Handbook Revision June 2012

This revision of the Adult Protective Services In-Home Handbook was published on June 1, 2012. Summaries of new or revised items are provided below.

APS releases policy revisions three times a year. This is the second release for FY 2012. The release contains a number of small edits to sections that address investigations, service delivery, and purchased client services. The changes are small and designed to provide clarification in each of these areas or to address requests from external stakeholders, quality assurance, and regional staff.

Requesting Records for Non-EMR Due Process

The process for obtaining and sending a copy of the case record to a perpetrator for non-EMR due process has been updated to match the process used for desk reviews. Intranet forms are also updated.

A reference to Form 4885 Request for Records was also removed as it is no longer a necessary part of the emergency release process.

Releasing Records to Law Enforcement

This policy is now consistent with the Records Management Group's (RMG's) policy that was published on October 17, 2011. Any request for records on a closed investigation (including cases currently open in the service delivery stage) is sent through RMG.

Supervisory Consults

Various supervisory consults throughout the handbook that were previously required are now optional or removed from policy.

Supervisory Approval of Case Progression and Closure

This change clarifies that supervisors are not required to read for performance management (Quality Assurance) standards when reading cases to determine whether to approve progression to service delivery or case closure.

Consignment Agreements

This addition incorporates new policy on how consignment agreements can be used to obtain services for APS clients.

Investigation Jurisdiction

The chart in Appendix II: Facilities and Jurisdictions has been updated to clarify licensed versus contracted adult foster care homes. Information is added regarding additional DADS Medicaid waiver programs such as Community-Based Alternatives (CBA) and Medically Dependent Children Program (MDCP).

Items Affected by This Revision

The following items have been deleted:

1700 Sensitive and High Profile Cases (Cross-reference affected in 2660 Investigations Involving Guardianship Wards)

1710 Procedure for Sensitive and High Profile Cases (content moved)

1720 Documentation for Handling Sensitive and High Profile Cases

1730 Examples of Sensitive and High Profile Cases

2522 Procedure for 45-Day Supervisory Consults

2522.1 Documentation for 45-Day Supervisory Consults

2610 Supervisor Review of Recidivistic Cases

2611 Procedure for Supervisor Review of Recidivistic Cases

2612 Documentation for Supervisor Review of Recidivistic Cases

2821.2 Procedure for Supervisory Review of Investigation Stage Closure

3251.1 Exceptions for Monthly Status Contacts (MSCs) During Service Delivery (Cross-references affected in 3252.1 Documentation of Unsuccessful Attempts at Monthly Status Contacts, 4785 General Issues Regarding DADS Guardianship Services Referrals)

3251.11 MSCs and the Month of Closure During Service Delivery (Cross-references affected in 2511.12 MSCs and the Month of Closure in the Investigation, 3471 Procedure for Case Closure During Service Delivery)

3251.12 MSCs When the Client Cannot Be Located During Service Delivery (Cross-reference affected in 3473 Client Withdraws From Services)

3251.13 MSC When the Client Dies During Service Delivery

3251.14 MSCs in Cases Involving DADS Guardianship Services (Cross-reference affected in 4783.4 Procedure for Case Management After Emergency Referral Form Is Submitted to DADS)

3252.1 Documentation of Unsuccessful Attempts at Monthly Status Contacts

3253 Procedure for Monthly Status Contacts in the Month of Closure (Cross-references affected in 3251 Monthly Status Contacts (MSCs) During Service Delivery, 3251.14 MSCs in Cases Involving DADS Guardianship Services, 3252.1 Documentation of Unsuccessful Attempts at Monthly Status Contacts, 3254 Documenting Monthly Status Contacts)

3255.2 Procedure for 60-Day Supervisory Consults

3255.22 Documentation for 60-Day Supervisory Consults

3537 Major Appliance Purchases

3538 Home Repairs or Heavy Cleaning

The following items have been added, revised, or renumbered:

1300 Scope and Eligibility

1348 Exploitation (EXPL) Allegations

2131 Routing Coordinator Review for Special Needs Case Assignment

2131.1 Procedure for Routing Coordinator Review for Special Needs Case Assignment

2131.2 Procedure for Sensitive and High Profile Cases

2132 Supervisor Notification of Special Needs Case Assignment

2132.1 Procedure for Supervisor Following Notification of Special Needs Case Assignment

2133 Supervisor Review of Recidivistic Cases

2133.1 Procedure for Supervisor Review of Recidivistic Cases

2141 Procedure for Assigning Secondary APS Specialists

2234.1 Procedure for Self-Neglect Resolved Before Initial Face-To-Face Contact

2234.2 Documentation for Self-Neglect Resolved Prior to Initial Face-To-Face Contact

2261 Procedure When Client Refuses to Cooperate With APS Investigation (Cross-reference affected in 2251 Procedure for When a Client Is Not Located at Initial Face-to-Face Attempt)

2262 Documentation for Client Refuses to Cooperate With APS Investigation

2334.1 Procedures for Written Statements

2350 Photographic Evidence

2431 Procedure for Assessing Indicators of a Lack of Capacity to Consent to or Refuse Protective Services

2431.1 Procedure When the Client Refuses Protective Services

2432 Procedure for Seeking Medical or Mental Health Evaluations

2433 Documentation for Seeking Medical or Mental Health Evaluations

2441 Procedure for Undue Influence

2451 Procedures for Determining Fiduciary Exploitation

2500 Monitoring the Client During Investigations

2510 Monthly Status Contacts (MSCs) During Investigations

2511 Procedure for Monthly Status Contacts (MSCs) During Investigations

2511.12 MSCs and the Month of Closure in the Investigation

2511.13 MSCs When the Client Cannot Be Located During the Investigation

2511.14 MSCs When the Client Refuses to Cooperate

2512 Documentation of Monthly Status Contacts During Investigations

2541 Procedure for Additional Allegations Received During the Investigation Stage

2552 Procedure for Client Moves Within Texas

2610 Nature of the Investigation

2620 Community Involvement in Complex Investigations

2621 Procedure for Working With Local Code Enforcement

2622 Procedure for Working With Local Animal Control

2631 Procedure for Special Task Units

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

2710 Allegation Disposition

2821 Investigation Closure Reason Codes

2821.11 Moved/Unable to Locate

2821.12 Administrative Closure

2821.2 Procedure for Supervisory Review of Investigation Stage Closure

3217 Making a Reasonable Effort

3250 Monitoring Clients During Service Delivery

3251 Monthly Status Contacts (MSCs) During Service Delivery

3252.1 Exceptions for Monthly Status Contacts (MSCs) During Service Delivery

3252.11 MSCs and the Month of Closure During Service Delivery

3252.12 MSCs When the Client Cannot Be Located During Service Delivery

3252.13 MSCs When the Client Withdraws From Services

3252.14 MSCs When the Client Dies During Service Delivery

3252.15 MSCs in Cases Involving DADS Guardianship Services

3253 Documenting Monthly Status Contacts During Service Delivery

3400 Service Delivery in Complex Cases

3470 Case Closure During Service Delivery

3471 Procedure for Case Closure During Service Delivery

3471.1 Supervisory Review of Closure

3473.1 Documenting the Client’s Withdrawal From Services

3525 Obtaining Management Approval for Purchased Client Services (PCS) for the Client, Family Members, or Caretakers

3527.5 Major Appliance Purchases

3527.6 Home Repairs or Heavy Cleaning

3527.7 Consignment Agreement for Bus or Van Transportation

3527.71 Procedure for Consignment Agreements for Bus or Van Transportation

3631 Procedure for Contracts

3641 Procedure for Claims Processing

3651 Procedure for Program-Directed Purchase

3661 Procedure for Travel Purchases

3700 Consignment Agreements

3710 Definition of Consignment Agreements

3720 Procedures for Consignment Agreements

3730 Determining Rate for Goods or Services Purchased Using a Consignment Agreement

3740 Responsibilities of Regional Management and Contract Staff

3750 Documentation Requirements for Goods or Services Purchased Using a Consignment Agreement

4751 Procedure for Assisting Individuals With Guardianship

4752 Documentation for Assisting Individuals With Guardianship

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

4782.4 Documenting the APS Guardianship Referral Form for Standard Referrals

4783.1 Procedure for Emergency Referrals to DADS Guardianship Services During an Emergency Order for Protective Services (EOPS)

4783.2 Procedure for Staffing and Completing Emergency Referrals During an EOPS

4783.5 Documenting the APS Guardianship Referral Form for Emergency Referrals

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

5117.1 Procedure for Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys

5118.1 Subpoenas

5420 Due Process for Non-EMR Cases

5421 Sending Notice of Intent to Release in Non-EMR Cases

5421.1 Timely Request for an Administrative Review in Non-EMR Cases

5421.11 Request for Records for an Administrative Review in Non-EMR Cases

5422 Administrative Review in Non-EMR Cases

5422.1 Procedure for Administrative Review in Non-EMR Cases

5423.1 Receipt or Non-Receipt of Request for a Release Hearing 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

5442 Releasing the APS Investigation to School Officials

Appendix II: Facilities and Jurisdictions

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

Subpoena Policy

The items below are revised to reflect OP-4105 DFPS Subpoena Policy and Procedures, effective 1/1/2012. See:

5118.1 Subpoenas

Appendix IV: Definitions Related to Guardianship Cases