Adult Protective Services

Handbook Revision, March 2014

This revision of the Adult Protective Services In-Home Handbook was published on March 12, 2014. Summaries of new or revised items are provided below.

Updates of Terminology

The handbook has been updated throughout to apply the following terminology consistently. No changes have been made to the policy.

  •   “specialist” is changed to “APS specialist”;

  •   “exploitation” is changed to “financial exploitation”;

  •   “MR” (mental retardation) is changed to “IID” (Individuals With an Intellectual Disability)

  •   “client,” where appropriate, is changed to “alleged victim.”

Redirection of Legal Citations

References to the Texas Probate Code have been redirected to the Texas Estates Code.

Removal of Redundant Items

The items shown below have been removed, causing the subsequent items to be renumbered. No changes were made to the policies. Cross-references to the renumbered items have been corrected.

2361.1 Procedure for Collecting Documentary Evidence

2361.1 2361.2 Documentation for Documentary Evidence

 

2610 Nature of the Investigation

2610 2620 Community Involvement in Complex Investigations

2611 2621 Procedure for Working With Local Code Enforcement

2612 2622 Procedure for Working With Local Animal Control

2613 2623 Procedure for Working With the Texas Department of Public Safety

2620 2630 Special Task Units

2621 2631 Procedure for Special Task Units

2630 2640 Investigations Involving Family Violence Reports

2631 2641 Examples of Indicators of Family Violence

2632 2642 Procedure for Family Violence Investigations

2633 2643 Documentation for Family Violence Investigations

2634 2644 Types of Criminal Offenses

2640 2650 Client Alleged Victim Dies During the Investigation

2641 2651 Procedure When Alleged Victim Client Dies Before the Initial Face-to-Face Is Completed

2642 2652 Procedure When Alleged Victim’s Client's Death is Related to Natural Causes, Accident, or Self-Neglect

2642.1 2652.1 Documentation of Death Due to Natural Causes or Accident

2642.2 2652.2 Documentation of Death Due to Self-Neglect

2642.3 2652.3 Procedure for Rapid Closure When Alleged Victim’s Client's Death is Related to Natural Causes, Accident, or Self-Neglect

2642.31 2652.31 Documentation of Rapid Closure When Death is Due to Natural Causes, Accident or Self-Neglect

2643 2653 Procedure When Alleged Perpetrator's Actions Did Not Contribute to Alleged Victim’s Client's Death

2643.1 2653.1 Documentation of Death When Alleged Perpetrator's Actions Did Not Contribute to Alleged Victim’s Client's Death

2643.2 2653.2 Procedure for Rapid Closure When the Alleged Perpetrator's Actions Did Not Contribute to the Alleged Victim’s Client's Death

2643.21 2653.21 Documentation of Rapid Closure When Alleged Perpetrator's Actions Did Not Contribute to the Alleged Victim’s Client's Death

2644 2654 Procedure When Alleged Perpetrator Is EMR-Eligible

2645 2655 Procedure When Alleged Perpetrator's Actions May Have Contributed to the Alleged Victim’s Client's Death

2645.1 2655.1 Documentation When the Alleged Perpetrator's Actions May Have Contributed to the Alleged Victim’s Client's Death

2646 2656 Adult Fatality Review Team

2646.1 2656.1 Procedure for Referring a Case to the Adult Fatality Review Team

2650 2660 Investigations Involving Guardianship Wards

2651 2661 Financial Exploitation Allegations Involving a Guardian of the Estate

2652 2662 Alleged Perpetrator Role for Allegations of Neglect Involving Wards

2652.1 2662.1 Procedure for Determining Perpetrator Role for Allegations of Neglect Involving Wards

2653 2663 Gaining Access to the Ward During an Investigation

2653.1 2663.1 Procedure for Gaining Access to the Ward During an Investigation

2660 2670 Investigations Involving Other DFPS Programs

2661 2671 Procedure for Investigations in Residential Child Care Facilities

2662 2672 Procedure for Investigations Involving Persons Served by Mental Health and Intellectual Disabilities Programs

2662.1 2672.1 Circumstances That Require an APS Facility Investigation

2662.2 2672.2 Circumstances That Require an APS In-Home Investigation

2663 2673 Procedure for Providing Emergency Protective Client Services During an APS Facility Investigation in an HCS Program

2670 2680 Investigations Involving Certain Types of Facilities

2671 2681 Investigations Involving Schools

2671.1 2681.1 Procedure for Investigations Involving Schools

2672 2682 Investigations in Boarding Home Facilities

2672.1 2682.1 Procedure for Investigations Involving Boarding Home Facilities

2673 2683 Investigations Involving Nursing Home Residents

2673.1 2683.1 Procedure for Investigations Involving Allegations of Financial Exploitation Against a Resident of a Nursing Home

2680 2690 Allegations Involving Paid Caretakers

2681 2691 Procedure for Allegations Involving Paid Caretakers

2681.1 2691.1 Alleged Victim Client Makes a Loan to a Paid Caretaker

Items in which titles have been changed to reflect these non-policy updates to terminology are listed below. Cross-references to these items have been corrected throughout the handbook.

1311.3 Examples of What Is and Is Not Considered Substantial Impairment

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

2214 Examples of Case Initiation Narrative Documentation

2240 Initial Face-to-Face Contact With the Alleged Victim Client

2241 Procedure for Initial Face-to-Face Contact With the Alleged Victim Client

2242 Documentation for Initial Face-to-Face Contact With the Alleged Victim Client

2250 Alleged Victim Client Cannot Be Located for Initial Face-to-Face Contact

2251 Procedure for When an Alleged Victim Client Is Not Located at Initial Face-to-Face Attempt

2252 Alleged Victim Client Is Inaccessible or Unable to Communicate for Initial Face-to-Face Contact

2253 Procedure for When the Alleged Victim Client Is Inaccessible for Initial Face-to-Face Contact

2260 Alleged Victim Client Refuses to Cooperate With APS Investigation

2261 Procedure When Alleged Victim Client Refuses to Cooperate With APS Investigation

2261.1 Procedure for Choosing a Disposition When an Alleged Victim Client Has Refused to Cooperate With the APS Investigation

2262 Documentation for Alleged Victim Client Refuses to Cooperate With APS Investigation

2341 Interviewing Alleged Victims Clients

2341.1 Procedures for Interviewing Alleged Victims Clients

2341.12 Transporting an Alleged Victim Client for an Interview

2341.13 Conducting the Interview With an Alleged Victim Client

2382.1 Procedure for Using DFPS Principal Case History to Assess Alleged Victims Clients

2420 Assessing Alleged Victim’s Client’s Safety Overall Risk to Determine Appropriate Action

2421 Procedure for Assessing Alleged Victim’s Client’s Safety Overall Risk to Determine Appropriate Action

2441.1 Procedure When the Alleged Victim Client Refuses Protective Services

2441.2 Documentation for Alleged Victim Client Refuses Protective Services

2500 Monitoring Alleged Victim’s Client’s Safety During Investigations

2511.13 MSCs When the Alleged Victim Client Cannot Be Located During the Investigation

2511.14 MSCs When the Alleged Victim Client Refuses to Cooperate

2511.15 MSC When the Alleged Victim Client Dies During the Investigation

2550 Alleged Victim Client Moves or Cannot Be Located Before the Investigation Is Complete

2551 Procedure for When an Alleged Victim Client Cannot Be Located

2552 Procedure When an Alleged Victim Client Moves Within Texas

2553 Procedure Used When an Alleged Victim Client Moves Out of Texas

3440 Financial Exploitation and Medicaid Eligibility

3441 Financial Exploitation of Income and Medicaid Eligibility

3442 Financial Exploitation of Resources and Medicaid Eligibility

4640 Surrogate Decisions in Licensed ICF-IID MR Facilities

5132.3 Notifying the Probate Court When Financial Exploitation Allegations Involve a Guardian of the Estate