Handbook Revision, August 2, 2021
This revision of the Adult Protective Services Handbook was published on August 2, 2021. Summaries of new or revised items are provided below.
Certain Types of Caretakers and Alleged Perpetrators (PATS 13357)
This policy revision does the following:
- Adds that abuse by certain types of alleged perpetrators may not be abuse if certain criteria are met.
- Clarifies investigative authority of alleged perpetrators who are family members or have an ongoing relationship but are also paid by Medicaid.
- Clarifies the finding of Valid/No Fault cannot be used when the alleged perpetrator is an employee of a HCSSA providing non-Medicaid services.
See:
3220 Abuse Allegations
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4221 Home and Community Support Services Agencies (HCSSAs)
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8610 Allegation Disposition (Finding)
Decision-Making Trees – Client Death (PATS 13382)
Appendix IV, which consists of the decision-making trees for when a client dies during an investigation or during service delivery, has been revised to improve clarity and accessibility.
Appendix II has been retitled, but it has no other changes.
See:
Appendix II: APS Decision-Making Trees – If the Client Is Conditionally Safe or Unsafe
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Appendix IV: Client Death Decision-Making Trees – If the Client Dies
Expedited Desk Review for DFPS Employees (PATS 13452)
This handbook revision adds policy for expedited desk reviews involving DFPS employees, including the following:
- Notification process for DFPS employees.
- Time frame to request and conduct an expedited desk review.
- Consequences for dispositions of an expedited desk review.
See:
15100 Desk Review
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15200 Expedited Desk Review for DFPS Employees
15210 Notification of Findings to a DFPS Employee
15220 Timely Request for an Expedited Desk Review
15230 Consequences of Expedited Desk Review Dispositions
15300 15200 Due Process for Non-EMR (Employee Misconduct Registry) Cases
15310 15210 Emergency Release of Findings in Non-EMR Cases
15320 15220 Notification of Intent to Release Findings in Non-EMR Cases
15330 15230 Administrative Review in Non-EMR Cases
15331 15231 Requesting an Administrative Review in Non-EMR Cases
15332 15232 Conducting an Administrative Review in Non-EMR Cases
15340 15240 Release Hearings for Non-EMR Cases
15341 15241 Notification of Judge’s Decision
15350 15250 Release of Findings in Non-EMR Cases
15351 15251 Release of Findings to HCSSAs and Adult Foster Care Homes
15352 15252 Release of Findings to Professional Licensing Boards, Commissions, and Other Agencies
15400 15300 Employee Misconduct Registry (EMR)
15410 15310 EMR Eligibility
15411 15311 EMR-Eligible Employee
15412 15312 Reportable Conduct
15420 15320 Required Information for EMR-Eligible Investigations
15421 15321 Entering the EMR Information in IMPACT
15430 15330 Management Review of EMR-Eligible Investigations
15440 15340 Role of the EMR Coordinator
15450 15350 Notifications of Findings in EMR-Eligible Cases
15451 15351 Notice of Findings to Employer
15452 15352 Notice of Findings to Employee (Designated Perpetrator)
15460 15360 Request for EMR Hearing
15470 15370 EMR Hearing Process
15471 15371 Schedule Changes for a Hearing
15472 15372 Withdrawal of Request for a Hearing
15473 15373 Failure to Appear for a Hearing
15474 15374 Decision of Administrative Law Judge (ALJ)
15475 15375 Rehearing
15476 15376 Judicial Review
15477 15377 Placement of Sustained Perpetrators on the EMR
15500 15400 Cases Involving School Personnel
15510 15410 Request for Administrative Review by School Personnel (Designated Perpetrator)
15520 15420 Administrative Review in School Cases
15530 15430 Notification of Final Findings for School Personnel