Adult Protective Services
Handbook Revision, February 2013
This revision of the Adult Protective Services Handbook was published on February 2013. Summaries of new or revised items are provided below.
APS In-Home – Release 2 for FY 2013 (PATS 5802)
APS In-Home releases policy revisions three times a year. This is the second release for FY 2013. The changes clarify how to handle requests received from external stakeholders and regional staff.
Summary of Changes:
This revision:
• clarifies that APS specialists must mark the appropriate checkbox to indicate that alternative resources were explored before funds for purchased client services (PCS) were used
• explains how APS staff handle case-related special requests (CRSRs) that are received from out of state sources, law enforcement, or court systems and do not involve abuse, neglect, or exploitation
• clarifies that marriage and family counseling is an allowable PCS expenditure
• clarifies the procedures for entering a client’s home when there are exigent circumstances
• clarifies that privately paid caretakers are not eligible for inclusion in the Employee Misconduct Registry (EMR), but they are eligible for administrative desk reviews and due process
• adds policy explaining the Address Confidentiality Program offered by the Office of the Attorney General (OAG), currently explained in procedural memo 09-001
• defines consumer-directed services (CDS), as the term relates to clients who receive home and community-based services (HCS)
• adds policy explaining that unannounced, initial face-to-face visits are a best practice
• clarifies that a service authorization form must be submitted no later than seven calendar days after the services were authorized (when verbal authorization is given beforehand), not within seven days of receiving the bill
• clarifies how to incorporate into policy memoranda regarding purchase orders for placement services (POPS)
Items Affected by This Revision
Items Added, Revised, or Renumbered
The following items have been added, revised, or renumbered (previous numbers are shown in parentheses):
1352 The Texas Address Confidentiality Program (ACP)
1353 Procedure When an Alleged Victim’s Address Is Made Confidential Through the ACP
1354 Documenting a Confidential Address in IMPACT and Marking the Case as Sensitive
1354.1 Documenting a Nonconfidential Substitute Address
1432 Home and Community Based Services (HCS) and Texas Home Living (TxHmL) Investigations Allegations
1541 Allegations in Facilities Requiring Licensure by DADS Regulatory Services
1541.3 Procedure for Emergencies Involving Facilities Requiring Licensure by DADS Regulatory Services
1700 Case-Related Special Requests
1710 Types of APS Case-Related Special Requests
1720 Procedures for Handling CRSRs
1730 Documenting the CRSR
1740 Closing the CRSR
2241 Procedure for Initial Face-to-Face Contact With the Client
2341.11 Denial or Revocation of Permission to Enter
2350 Photographic Evidence
2380 Record Checks
2511 Procedure for Monthly Status Contacts (MSCs) During Investigations
2511.12 MSCs and the Month of Closure During the Investigation
2673 Procedure for Providing Emergency Client Services During an APS Facility Investigation in an HCS Program
2820 Documentation When Closing the Investigation Stage
3252 Procedure for Monthly Status Contacts 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
3252.14 MSCs When the Client Dies During Service Delivery
3261 Procedure for Closing a Case During Service Delivery
3262 Documentation for Closing a Case During Service Delivery
3263 Client Withdraws From Services
3263.1 Documenting the Client's Withdrawal From Services
3470 (3260) Case Closure During Service Delivery
3470 Client Dies During Service Delivery
3471 (3261) Procedure When a New Intake Is Received Before Client’s Death During Service Delivery
3471.1 (3261.1) Supervisory Review of Closure
3472 (3262) Procedure When a Death is Related to Natural Causes, an Accident, or Self-Neglect During Service Delivery
3472.1 Documentation When a Client’s Death Results From Natural Causes or an Accident
3472.2 Documentation When a Client Dies From Self-Neglect
3473 (3263) Procedure When a Client’s Death May Involve Allegations Validated in the Investigation Stage
3473.1 (3263.1) Documentation When a Client’s Death May Involve Allegations Validated During the Investigation Stage
3474 (3470) Procedure When a Client’s Death May Involve New Incidents of Allegations Investigated or Validated During the Investigation Stage
3474.1 (3472) Documentation When a Client’s Death May Involve New Incidents of Allegations Investigated or Validated During the Investigation Stage
3475 Procedure When a Client’s Death Involves New Allegations of Abuse or Neglect by an Alleged Perpetrator
3475.1 Documentation When a Client’s Death Involves New Allegations of Abuse or Neglect by an Alleged Perpetrator
3475.31 (3473.2) Corrections to the Allegation Detail When Investigated Allegations Contribute to a Client’s Death During Service Delivery
3523 Authorizing Purchased Client Services
3610 State Term Contract Procurement Cards
3611 Procedures for Using State Term Contract Procurement Cards
3611.1 Transaction Limits on Procurement Cards
3611.2 Return of Goods Purchased With a Procurement Card
3611.3 Decline of a Procurement Card
3611.4 Security for Procurement Card
3611.5 Lost or Stolen Procurement Cards
3611.6 Reconciling the Billing Statement for a State Term Contract Procurement Card
3612 Documenting Purchases Made With State Term Contract Procurement Card
3620 Purchase Order for Placement Services (POPS)
3621 Procedures for Submitting a POPS to Contract With a Nursing Home
3622 Determining the Rate for a POPS
3623 Responsibilities of APS Contract Staff and DFPS Regional Management
3625 Documentation Requirements for POPS
4200 Court-Authorized Entry
5110 Providing the Case Record
5111 (5112) Individuals and Entities Entitled to the Case Record
5112 (5120) Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys
5112.1 (5111) Procedure for Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys
5112.11 (5111.1) Procedure for Obtaining APS Case Records
5112.13 (5111.2) Release of APS In-Home Case Records to Facilities or Providers Under APS Facility Jurisdiction
5113 (5123) Disclosure of Case Information to Other Entities to Help Clients Obtain Services
5114 (5124) Disclosure of Case Information to Prospective Guardians
5115 (5125) Confidentiality of Persons Who Are HIV-Positive or Have AIDS
5116.1 (5126.1) Procedure for Disclosure of Criminal History Information
5116.11 (5126.11) Penalty for Unauthorized Disclosure of Criminal History Information
5117 (5112) Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys
5117.1 (5112.1) Procedure for Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys
5118 (5130) Disclosure of Case Information in Connection With a Court Action
5118.1 (5131) Subpoenas
5118.2 (5132) Notifying a Probate Court About an Investigation Involving Guardianship
5118.21 (5132.1) Notifying the Probate Court When DADS Is Guardian or Has Pending Guardianship
5118.22 (5132.2) Notifying the Probate Court When the Alleged Perpetrator Has a Guardian
5118.23 (5132.3) Notifying the Probate Court When Exploitation Allegations Involve a Guardian of the Estate
5118.24 (5132.4) Notifying the Probate Court About Cases Involving an Administrative Desk Review
5119 (5140) Providing Information to DADS on Adult Foster Care Provider Applicants or Staff of an HCSSA
5119.1 (5141) Release of Information on Adult Foster Care Provider Applicants (DADS Form 2357, DFPS Records Check)
5120 Providing Case Information
5121 Confidentiality of the Reporter
5122 Disclosure of Case Information to the Reporter and Others
5126 Disclosure of Criminal History Information
5150 Release of Case Information to Entities Responsible for Protecting Clients
5320 Notifying the Designated Perpetrator About Findings and Eligibility for an Administrative Desk Review
5321 Timely Request for an Administrative Desk Review
5333 Completing and Documenting the Administrative Desk Review
5420 Due Process for Non-EMR Cases
5443.1 Criteria for Administrative Review for School Employees
Appendix II: Facilities and Jurisdictions
Appendix IX: APS Service Codes, Service Descriptions, Unit Types, and Unit Type Descriptions
Items Revised to Correct Cross References
References to the items added, revised, or renumbered appear in the following items and have been corrected:
2673 Procedure for Providing Emergency Client Services During an APS Facility Investigation in an HCS Program
3527.1 Providing Purchased Client Services in Home- and Community-Based Services (HCS) Programs
4732.2 IMPACT Background Checks
5119.1 Release of Information on Adult Foster Care Provider Applicants (DADS Form 2357, DFPS Records Check)
3252.11 MSCs and the Month of Closure During Service Delivery
1432 Home and Community Based Services (HCS) Investigations Allegations
3253 Documentation of Monthly Status Contacts During Service Delivery
5241.1 Merge Only Open Cases in the Same Stage
3470 Case Closure During Service Delivery
3218 Making a Reasonable Effort
3120 Achieving Goals
3252.13 MSCs When the Client Withdraws From Services by Failing to Respond
3216.1 Procedure for Abbreviated Documentation of Low-Risk Cases Involving Self-Neglect Allegations During Service Delivery
1360 Death Allegations
2650 Client Dies During the Investigation
2656.1 Procedure for Referring a Case to the Adult Fatality Review Team
3216 Abbreviated Documentation in Certain Self-Neglect Cases During Service Delivery
3252.14 MSCs When the Client Dies During Service Delivery
4523 Notifying the Regional Attorney of the Client’s Death
1360 Death Allegations
1361 Procedure for Death Allegations
3470 Case Closure During Service Delivery
3471.1 (3261.1) Supervisory Review of Closure
3475.31 Corrections to Allegation Detail When Investigated Allegations Contribute to Client’s Death During Service Delivery
Deleted Items
The following items have been deleted:
3414 Procedure for Providing Emergency Services During HCS Investigations
3474.11 Procedure for New Intake Received Before Client's Death in Service Delivery