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Section 1000: Program Overview: Adult Protective Services (APS)
1000 Program Overview: Adult Protective Services (APS)
1100 APS Purpose and Objectives
1211 Conducting Culturally Competent Casework
1211.3 Selection of Service Providers
1211.4 Use of Cultural Strengths
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Section 2000: Statewide Intake (SWI) and Case Assignment
2000 Statewide Intake (SWI) and Case Assignment
2200 Information and Referrals
2210 How to Handle Information and Referrals
2300 Case-Related Special Requests
2410 Priority I (P1) Intakes after Hours
2420 On-Call Information in IMPACT for Case Assignment
2430 Intakes with Special Considerations
2440 Assignment of Secondary APS Specialists
2510 Notifying SWI about Chronic Callers
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Section 3000: Scope and Eligibility
3230 Financial Exploitation (EXPL) Allegations
3310 Perpetrators of Abuse and Financial Exploitation
3340 Home and Community-Based Services and Consumer Directed Services
3400 Complaints That Do Not Allege Abuse, Neglect, or Financial Exploitation
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Section 4000: Cases Involving Health and Human Services Commission (HHSC) or Other Settings
4000 Cases Involving Health and Human Services Commission (HHSC) or Other Settings
4100 Allegations Involving HHSC Health Care Facilities
4200 Allegations Involving HHSC Long-Term Care Regulatory Services
4210 HHSC Facility-based Programs
4211 Allegations in Nursing Homes
4211.1 Financial Exploitation of a Resident of a Nursing Home
4211.2 Nursing Home Discharge Planning
4212 Allegations in Assisted Living Facilities
4212.1 Allegations in Facilities Requiring an Assisted Living Facility License
4220 HHSC Community-based Programs
4221 Home and Community Support Services Agencies (HCSSAs)
4230 HHSC Protective Service Providers
4231 HHSC Provider Investigations (PI)
4231.1 Allegations in Settings Investigated by HHSC Provider Investigations
4231.2 Allegations in Settings Regulated by HHSC Child Care Regulation (CCR)
4300 Allegations in Other Settings
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Section 5000: Complex Cases
5100 Supports for Complex Cases
5120 Supports for Service Delivery
5200 Cases Involving Family Violence
5210 Texas Address Confidentiality Program (ACP)
5220 Investigations Involving Family Violence
5230 Family Violence Materials
5240 Services for Victims of Family Violence
5250 Family Violence Safety Plan
5300 Cases Involving Noncitizens
5310 Noncitizens and Use of PCS Funds
5311 Noncitizen Who Has Immigration Documents
5312 Noncitizen Without Appropriate Immigration Documents
5320 Change of Immigration Status
5330 Consulates and Other Foreign Entities When Working With Noncitizens
5340 Transportation of Clients Who Do Not Have Valid Immigration Documents
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Section 6000: Evidence Collection
6121.1 Permission to Enter the Home
6121.11 Denial or Revocation of Permission to Enter
6121.2 Transportation for a Client
6122 Interviewing an Alleged Perpetrator
6123 Interviewing a Collateral
6123.1 Interviewing the Reporter
6123.2 Interviewing Medical or Mental Health Staff
6123.3 Interviewing Law Enforcement
6124.1 Requesting Consent to Interview a Minor
6124.2 Interviewing a Minor Without Requesting Consent
6124.3 Interviewing a Minor at School
6310 Photos, Audio, and Video as Evidence
6311 Obtaining Permission to Take Photos
6312 Taking Photos of a Person
6313 Taking Photos of a Living Environment
6320 Diagrams and Drawings as Evidence
6412 Criminal History Records Checks
6412.1 Required Criminal History Records Checks
6412.2 Optional Criminal History Records Checks
6412.3 Criminal History Records Checks From Sources Other Than DPS
6412.4 Insufficient Information for Criminal History Records Checks
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Section 7000: Guardianship Cases
7100 Investigations Involving a Ward
7120 Allegations Involving a Ward
7122 Financial Exploitation Allegations Against a Guardian of the Estate
7130 Perpetrators and Wards of HHSC OGS
7131 Alleged Perpetrator Is Not HHSC OGS Staff Member
7132 Alleged Perpetrator Is HHSC OGS Staff Member
7210 Background Checks and Guardianship
7220 Initiation of Guardianships
7221 Relative or Other Person as Guardian
7222 Attendance at Guardianship Hearings
7300 Referrals to HHSC Office of Guardianship Services (OGS)
7310 Criminal History Records Checks and Referrals to HHSC OGS
7320 Minimum Information for HHSC OGS Referrals
7330 Standard Referrals to HHSC OGS
7331 Completion of a Standard Referral
7332 Case Management After Standard Referral
7340 Emergency Referrals to HHSC OGS
7341 Emergency Referral With Emergency Order for Protective Services (EOPS)
7341.1 Completion of an Emergency Referral After an EOPS
7342 Emergency Referral to Protect Client Assets
7343 Case Management After Emergency Referral
7350 Lack of Agreement Following a Referral to HHSC OGS
7360 General Issues About HHSC OGS Referrals
7361 Medicaid and the Guardianship Process
7362 Certificate of Medical Examination (CME)
7363 Determination of Intellectual Disability
7365 Request for Extension on Filing Guardianship Application
7366 Less Restrictive Alternative and Another Referral Within Six Months
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Section 8000: Investigations and Assessments
8000 Investigations and Assessments
8110 Documentation of the Safety Assessment
8120 Changes in Allegation Priorities
8130 Current Danger Factors and Immediate Interventions
8200 Barriers to Making Contact With Client
8210 Client Refuses to Cooperate With APS Investigation
8220 Client Moves or Cannot Be Located
8300 New Allegations and New Intakes During an Open Case
8400 Referrals to Law Enforcement
8500 Allegations Involving Paid Caretakers
8510 Loans to a Paid Caretaker
8600 Determination of Findings
8610 Allegation Disposition (Finding)
8620 Determination of the Validity of the Allegation
8623 Financial Exploitation Allegations
8630 Evaluation of Credibility of Evidence
8640 Tasks After Reaching a Finding
8650 Conclusion Summaries and Conclusion Justifications
8651 Self-Neglect Conclusion Summary
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Section 9000: Case Contacts
9100 Requirements for Contacts
9110 Time Frame for Entry of Contacts
9210 Completing a Case Initiation
9300 Self-Neglect Resolved Before Initial Face-to-Face
9400 Initial Face-to-Face Contact With the Client
9410 Client Cannot Be Seen for Initial Face-to-Face Contact
9420 Client Is Inaccessible for Initial Face-to-Face Contact
9510 Safety Contacts After Completion of the Safety Assessment
9520 Safety Contacts When the Client Refuses to Cooperate
9530 Safety Contacts After Completion of the Risk of Recidivism Assessment (RORA)
9540 Safety Contacts When the Client Fails to Respond After Completion of the RORA
9550 Safety Contacts When APS Cannot Find the Client
9560 Safety Contacts When the Client Dies
9570 Safety Contacts in Cases Involving HHSC Office of Guardianship Services
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Section 10000: Providing and Arranging for Services
10000 Providing and Arranging for Services
10210 Offering the Least Restrictive Alternative
10220 Using Legal Alternatives (Court Actions)
10230 Making a Reasonable Effort
10240 Entering Action Categories, Action Results, and Outcomes in the Service Plan
10250 Monitoring the Service Plan
10300 Possible Lack of Capacity to Consent When a Client Refuses or Withdraws from Services
10310 Assessing Indicators (Signs) of a Lack of Capacity to Consent
10320 Client Refusing or Withdrawing from Services
10330 Seeking Medical or Mental Health Evaluations
10400 Community-Based Long-Term Care
10410 Service Planning and Community-Based Long-Term Care
10420 Access to HHSC Long-Term Care Services
10430 HHSC Long-Term Care Services Not Available
10500 Clients with Intellectual Disabilities or Mental Health Diagnoses Receiving Services from HHSC
10600 Financial Exploitation and Service Delivery
10610 Financial Exploitation by a Fiduciary
10620 Medicaid Eligibility and Financial Exploitation of Income or Resources
10700 Hospital and Nursing Home Admissions
10710 Voluntary Admission to Hospital or Nursing Home
10720 Involuntary Admission to Hospital or Nursing Home
10730 APS Role in Completing Hospital and Nursing Home Admission Forms
10800 Management of Clients’ Affairs and Assets
10900 Purchased Client Services (PCS)
10910 Assessing the Need for Purchased Client Services
10911 Client’s Budget and Financial Resources
10920 Obtaining Approval for Purchased Client Services
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Section 11000: Death of a Client
11100 Client’s Death Is Related to Natural Causes, Accident, or Self-Neglect
11110 Rapid Closure When Client’s Death Is Related to Natural Causes, Accident, or Self-Neglect
11200 Client’s Death May Involve a Perpetrator
11210 Perpetrator’s Actions Did Not Contribute to Client’s Death
11211 Rapid Closure When the Perpetrator’s Actions Did Not Contribute to the Client’s Death
11220 Perpetrator’s Actions May Have Contributed to the Client’s Death
11221 Client’s Death May Involve Valid Allegations Against a Perpetrator
11223 Client’s Death May Involve New Allegations Against an Alleged Perpetrator
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Section 12000: Legal Actions, Legal Documents, and Other Non-Legal Remedies
12000 Legal Actions, Legal Documents, and Other Non-Legal Remedies
12100 Initiating Legal Actions
12120 Consulting With Regional Attorneys
12130 Court Costs and Filing Fees
12131 Filing Fees for Eviction of Alleged Perpetrator
12140 Required Documentation of Legal Actions
12150 Legal Forms Completed by the APS Specialist
12160 Requesting a Transaction Hold from a Financial Institution
12400 Interference With Investigation or Protective Services
12500 Original Petition for Emergency Order for Protective Services (EOPS)
12510 Completing a Motion for EOPS
12520 Pre-Removal Medical Report
12530 Post-EOPS Physician’s Report
12540 Court Proceedings for EOPS
12541 When the Court Issues an Order for an EOPS
12550 Authorization for EOPS Before Obtaining a Court Order
12551 Emergency Removals Without a Court Order
12552 Notifying the Regional Attorney of the Client’s Death
12560 Termination or Expiration of a Court Order for Emergency Protective Services
12570 Extension of a Court Order for Emergency Protective Services
12600 Types of Legal Documents an APS Specialist May Encounter
12621 Directive to Physicians (Living Will)
12622 Medical Power of Attorney
12630 Surrogate Decisions in Hospitals or Nursing Homes
12640 Surrogate Decisions in Licensed ICF-IID Facilities
12710 Guardian of the Person, Estate, or Both
12800 Mental Health Commitment
12811 Use of Emergency Detention for an APS Client
12820 Temporary Court-Ordered Mental Health Services
12830 Voluntary Admission to a Mental Health Facility
12900 Family Violence Protective Orders Against a Perpetrator
12910 APS Specialist’s Role in Assisting a Client With a Protective Order
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Section 13000: Case Closure
13110 Rapid Closure Codes and Disposition of Other
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Section 14000: Due Process and Release of Information
14000 Due Process and Release of Information
14110 Designated Perpetrators Ineligible for a Desk Review
14120 Notifications to the Designated Perpetrator
14130 Timely Request for a Desk Review
14150 Notification of Results of the Desk Review
14160 Release of Findings Outside DFPS After a Desk Review
14200 Expedited Desk Review for DFPS Employees
14210 Notification of Findings to a DFPS Employee
14220 Timely Request for an Expedited Desk Review
14230 Consequences of Expedited Desk Review Dispositions
14300 Due Process for Non-EMR (Employee Misconduct Registry) Cases
14310 Emergency Release of Findings in Non-EMR Cases
14320 Notification of Intent to Release Findings in Non-EMR Cases
14330 Administrative Review in Non-EMR Cases
14331 Requesting an Administrative Review in Non-EMR Cases
14332 Conducting an Administrative Review in Non-EMR Cases
14340 Release Hearings for Non-EMR Cases
14341 Notification of Judge’s Decision
14350 Release of Findings in Non-EMR Cases
14351 Release of Findings to HCSSAs and Adult Foster Care Homes
14352 Release of Findings to Professional Licensing Boards, Commissions, and Other Agencies
14400 Employee Misconduct Registry (EMR)
14420 Required Information for EMR-Eligible Investigations
14421 Entering the EMR Information in IMPACT
14430 Management Review of EMR-Eligible Investigations
14440 Role of the EMR Coordinator
14450 Notifications of Findings in EMR-Eligible Cases
14451 Notice of Findings to Employer
14452 Notice of Findings to Employee (Designated Perpetrator)
14471 Schedule Changes for a Hearing
14472 Withdrawal of Request for a Hearing
14473 Failure to Appear for a Hearing
14474 Decision of Administrative Law Judge (ALJ)
14477 Placement of Sustained Perpetrators on the EMR
14500 Cases Involving School Personnel
14510 Request for Administrative Review by School Personnel (Designated Perpetrator)
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Section 15000: Confidentiality and Integrity of Records
15000 Confidentiality and Integrity of Records
15100 Disclosure and Release of Case Information
15110 Release of the Case Record
15111 Individuals and Entities Entitled to the Case Record
15111.2 Release of Case Records to HHSC Provider Investigations
15111.3 Release of Case Records to Law Enforcement Agencies and Prosecuting Attorneys
15120 Disclosure of Case Information
15121 Case Information to the Reporter and Collaterals
15122 Case Information to Others to Help Clients Get Services
15123 Case Information to Prospective Guardians
15124 Case Information in Connection With a Court Action
15124.1 Court Notification About an Investigation Involving Guardianship
15124.2 Court Notification About HHSC OGS Guardianship
15124.3 Court Notification When the Alleged Perpetrator Has a Guardian
15124.4 Court Notification of Alleged Financial Exploitation by a Guardian of the Estate
15124.5 Court Notification About Cases Involving a Desk Review
15125 Disclosure of Protected Case Information
15125.1 Disclosure of Reporter Information
15125.2 Disclosure of HIV or AIDS Information
15125.3 Disclosure of Criminal History Information
15126 Case Information to HHSC on AFC Provider Applicants or HCSSA Staff
15126.1 Release of Information on Applicants to Become AFC Providers
15127 Release of Case Information to Entities Responsible for Protecting Clients
15127.1 Release of Information to State Supported Living Centers (SSLC)
15128 Release of Records to Office of Court Administration
15200 Management of Case Records
15220 Maintenance of Paper Case Files
15230 Records Retention and Destruction
15231 Destruction of Case Records
15250 Merging Persons and Cases
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APS Appendices
Appendix I: Facilities and Jurisdictions
Appendix II: Decision-Making Trees – If the Client Is Conditionally Safe or Unsafe