Adult Protective Services

Handbook Revision, May 2014

This revision of the Adult Protective Services In-Home Handbook was published on May 1, 2014. Summaries of new or revised items are provided below.

APS In-Home - Release 2 for FY 2014

APS In-Home is releasing policy revisions two times a year and this will be the second release for FY 2014. The release contains edits to the APS In-Home handbook. The changes are small and designed to provide clarification in each of these areas in order to address requests from external stakeholders and regional staff.

Summary of changes:

  •   Restructured and clarified EMR policy, including adding a global statement   about due process and what happens when someone is actually placed on the EMR

  •   Added language resulting from statutory change increasing timeframe for second EOPS extension from 20 days to 30 days

  •   Added language resulting from statutory change regarding Consumer Directed Services (CDS) employees being EMR eligible

  •   Added language resulting from statutory change that Licensed Professional Counselors (LPCs) can now do assessments for EOPS purposes

  •   Clarified that PCS funds are not to be used to purchase medical/MH assessments for the purpose of determining APS eligibility

  •   Added previously removed policy regarding documentation of Limited English Proficiency (LEP)


1210 Interpreter Services for Principals With Limited English Proficiency (LEP) or Impaired Sensory or Speaking Ability

1300 Scope and Eligibility

1310 APS Eligibility Criteria

1311 Substantial Impairment

1311.1 Disability Payments and APS Eligibility

1320 Procedure for Determining APS Eligibility

4500 Emergency Order for Protective Services (EOPS)

4513 Procedures When a Physician Is Not Available

4540 Extension of a Court Order for Emergency Protective Services

5400 Due Process

5410 Due Process for Employee Misconduct Registry (EMR) Cases

5411 Determining Eligibility for EMR Eligibility

5411.1 EMR Eligible Employee

5411.2 5411.1 Definition of Reportable Conduct

5411.3 5411.11 Definition of Harm

5412 Procedures for EMR Eligible Investigations

5412.1 5411.12 Required Information for EMR Eligible Investigations

5412.2 Entering the Valid-Reportable Conduct Finding in IMPACT

5411.13 Emergency Release of Findings

5412.3 5411.2 Subject Matter Expert Managerial Review of EMR Eligible Investigations

5411.3 Regional Director Review

5411.4 Valid -- Reportable Conduct Allegation Disposition

5413 5412 Internal APS EMR Database

5412.1 Notification to the State Office Coordinator of the Employee Misconduct Registry (EMR)

5414 5413 Duties Responsibilities of the EMR Coordinator in State Office

5414 Decision to Pursue Inclusion on the EMR Is Reversed

5415 Additional Procedures for Processing EMR Referrals

5415 Notifications and Request for EMR Hearing

5415.1 5417 Notice of Findings to Subsequent Employers Before the EMR Hearing

5415.2 Notice of Hearing to the Designated Perpetrator/Employee

5415.3 5416 Request for Hearing by the Employee

5416.1 Deadlines for Filing Request for Hearing

5415.31 5416.2 Late Request for Hearing Is After the Deadline

5416 5418 EMR Hearing Process

5416.1 5418.1 Rescheduling a Hearing

5416.2 5418.2 Withdrawing a Request for Hearing or Failure to Appear for a Hearing

5416.3 Failure to Appear for a Hearing

5416.4 5418.3 Decision of Administrative Law Judge (ALJ) Hearing Officer

5418.4 Hearing Order by Commissioner of DFPS

5416.5 5418.5 Request for Judicial Review by the Employee

5416.6 5418.6 Providing Notice if a Finding Is Modified or Reversed

5416.7 5418.7 Information Forwarded to DADS for Recording in the Employee Misconduct Registry

5418.8 Notification of Finding

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

The appendix below is removed because it is no longer applicable.

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

Cross-references were updated in:

2332.1 Privacy Rights Regarding the Social Security Number

2342.1 Procedure for Interviewing Alleged Perpetrators

2644 Procedure When Alleged Perpetrator Is EMR-Eligibl

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

2710 Allegation Disposition

2821.12 Administrative Closure

5123 Disclosure of Case Information to Other Entities to Help Clients Obtain Services

5310 Designated Perpetrators Ineligible for an Administrative Desk Review