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APS
Adult protective Services

The Adult Protective Services Facility Investigations Program investigates reports of abuse, neglect, and exploitation of persons with disabilities (children and adults) receiving services in state operated and/or contracted settings that serve adults and children with mental illness, intellectual disabilities, or developmental disabilities. Investigation results are sent to the facility or program administrator for appropriate action.

Total Average Filled Full Time Equivalent (FTE) Staff*

Investigators
128.9
Supervisors
22.7
Other Staff
24.3
Total Staff
175.9

Worker Demographics

Turnover Rate
 
22.0%
Agency Tenure
Less than 1 Year
17.5%
1-3 Years
23.0%
Greater than 3 Years
59.5%
Entry Salary*
 
$30,532.92
Average Age
 
42.0
Race/Ethnicity
African American
19.8%
Anglo
56.3%
Hispanic
23.0%
Other
0.8%

Supervisor Demographics

Turnover Rate
 
13.0%
Tenure as Supervisor
Less than 1 Year
26.1%
1-3 Years
21.7%
Greater than 3 Years
52.2%
Entry Salary*
 
$41,416.08
Average Age
 
43.1
Race/Ethnicity
African American
4.3%
Anglo
82.6%
Hispanic
13.0%
Other
0.0%

APS Facility Expenditures*

APS Facility Staff
$9,837,712

*Source: DFPS Office of Finance and FY2016-17 LAR (plus benefit replacement pay)

Description of the Report Investigation Process

Report Assigned for Investigation
Step 1: Notifications
The following persons are notified within one hour of the receipt of the intake:
  • Facility administrator
  • Law enforcement if the allegation is believed to constitute a criminal offense.
  • Law enforcement of any allegation involving a child.
Step 2: Investigation Activities
  • Face to face contact with alleged victims
  • Interview of witnesses and alleged perpetrator
  • Collecti electronic statements and documentary evidence.
  • Photograph of injuries
  • Photograph/diagram scene of incident
  • Gather other relevant evidence
Step 3: Investigation Findings
  • Analyze evidence
  • Determine finding(s)
  • Generate investigative report
  • Provide report to facility administrator
  • Provide report to law enforcement and OIG if previously notified them during the investigation of a potential criminal offense

Note: This chart is for reference only and does not necessarily represent the flow of a case.

Statistics FY 2014

  • Completed APS Facility Investigations: 11,387
  • Confirmed APS Facility Investigations: 1,259

Most Common...

  • Person reporting abuse/neglect/exploitation: Institutional Personnel (27.3%)
  • Allegation confirmed: Neglect (60.8%)
  • Facility setting investigated: HCS (31.2%)
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Legal Responsibility for Adult Protective Services

Statutory References

Federal: Title XX, Social Security Act
State: Human Resources Code, Chapters 40 and 48
Texas Family Code, Title V
Health and Safety Code, Chapter 532 and Chapters 591-595

Major Provisions

  • Mandatory reporting of abuse, neglect, and exploitation of persons receiving services in state-operated mental health and intellectual and developmental disability facilities (State Hospitals, State Supported Living Centers, and Rio Grande State Center) and/or state contracted settings (Community Centers, Home and Community-based Services programs (HSC), Texas Home Living Waiver Program, and privately-operated Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF-IID))
  • After an allegation is reported to the DFPS Abuse Hotline, APS initiates investigations by notifying the facility or provider agency within one hour
  • APS notifies law enforcement and the Health and Human Services Commission Office of the Inspector General (OIG) within one hour, in certain settings
  • Notify OIG (Office of Inspector General) and local law enforcement if APS has cause to believe a crime may have been committed
  • Refer reports to other state agencies when DFPS is not the appropriate investigating agency
  • Report findings to the facility or provider
  • Make referrals to the Employee Misconduct Registry of certain confirmed perpetrators
  • Confidentiality of case records

Other Programmatic Information:

Factors Contributing to Abuse, Neglect, and
Exploitation:
  • Physical conditions/quality of care
  • Lack of facility provider training, policy or procedures
  • Staff burnout
  • Staff shortages that lead to staff stress
  • Inadequate case manager planning for behavioral concerns or plans of care
  • Physical and mental stress of familial care giving in foster care settings
Challenges:
  • Meeting Department of Justice requirements including commencement of investigations, prior case history searches, and 10 day investigation timeframes in State Supported Living Centers and Rio Grande State Center
  • Requests by law enforcement or OIG that APS stop its investigation until they have finished
  • Staff shortages in facilities affecting access to staff for interviews
  • Lack of training and policy in place for community providers
  • Inability to find private space to conduct interviews
  • Increase in number of intakes with fewer investigators to conduct investigations
  • Reviewing and documenting video surveillance

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Source of Report for Completed Facility Investigations
Fiscal Year 2014

Source Number Percent
Institutional Personnel (3,133)
3,133
27.3%
Victim (2,673)
2,673
23.3%
Medical Personnel (1,259)
1,259
11.0%
Community Agency (962)
962
8.4%
Other (813)
813
7.1%
Anonymous (640)
640
5.6%
DFPS Staff (385)
385
3.4%
Parent (313)
313
2.7%
Provider (297)
297
2.6%
State Agency (211)
211
1.8%
Relative (194)
194
1.7%
Unrelated Home Member (124)
124
1.1%
Law Enforcement (120)
120
1.0%
School (111)
111
1.0%
Friend-Neighbor (90)
90
0.8%
Legal/Court (88)
88
0.8%
Day Care Provider (19)
19
0.2%
Blank/Unknown (12)
12
0.1%
24 Hour Care Provider (9)
9
0.1%
Financial Institution (4)
4
0.0%
Religious Entity (3)
3
0.0%
Statewide 11,460
11,460
100.0%

Note: A report of abuse/neglect/exploitation may come from multiple sources.

Average Length of Completed Facility Investigations by Region
Fiscal Year 2014

Region Investigations Average Days
1 Lubbock
441
14.0
2 Abilene
1,231
9.4
3 Arlington
1,453
12.3
4 Tyler
731
9.2
5 Beaumont
353
11.2
6 Houston
911
24.3
7 Austin
2,260
12.0
8 San Antonio
1,434
15.8
9 Midland
1,313
9.2
10 El Paso
340
9.8
11 Edinburg
920
11.3
State
11,387
12.6

 

Number of Facility Investigations Referred to Law Enforcement by Setting
Fiscal Year 2014

Setting Law Enforcement Provided Notification of Investigation* Law Enforcement Provided Investigation Report**
State Supported Living Centers
2,284
1,916
State Hospitals
1,649
1,075
HCS Homes
1,483
1,039
Private ICF-IID
439
277
Community Centers
244
142
State Center
137
104
Other
20
1
Total
6,256
4,554

* Notification sent on investigations which involve a child or serious physical injury, sexual abuse, or death of an adult person served.
** This data includes all cases in which a final investigation report was sent regardless of investigation disposition.

Types of Confirmed Allegations in Facility Settings
Fiscal Year 2014

Types of Confirmed Allegations Number Percent
Neglect 
1,240
60.8%
Physical Abuse
430
21.1%
Emotional Abuse
243
11.9%
Exploitation
113
5.5%
Sexual Abuse
12
0.6%
Total
2,038
100.0%

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Characteristics of Victims in Confirmed Facility Investigations
Fiscal Year 2014

Characteristic: Race/Ethnicity

Race/Ethnicity Female Percent of Total Male Percent of Total Unknown Percent of Total Subtotal Percent of Total
Anglo
329
19.4%
627
37.1%
0
0.0%
956
56.5%
African American
84
4.9%
218
12.9%
0
0.0%
302
17.8%
Hispanic
138
8.2%
247
14.6%
1
0.1%
386
22.9%
Native American
1
0.1%
2
0.1%
0
0.0%
3
0.2%
Asian
2
0.1%
5
0.3%
0
0.0%
7
0.4%
Other
14
0.8%
22
1.3%
1
0.1%
37
2.2%
Total Victims
568
33.5%
1,121
66.3%
2
0.2%
1,691
100.0%

* As recommended by the Health and Human Services Commission (HHSC) to ensure consistency across all HHSC agencies, in 2012, the Department of Family and Protective Services (DFPS) adopted the HHSC methodology on how to categorize race and ethnicity. As a result, data broken down by race/ethnicity in 2012 and after is not directly comparable to race/ethnicity data in 2011 and before.  Note: A completed investigation may have more than one victim.

Characteristics of Perpetrators in Confirmed Facility Investigations
Fiscal Year 2014

Perpetrator Characteristic: Race/Ethnicity

Race/Ethnicity Female Percent of Total Male Percent of Total Unknown Percent of Total Subtotal Percent of Total
Anglo
146
11.7%
106
8.5%
0
0.0%
252
20.2%
African American
350
28.0%
226
18.1%
6
0.5%
582
46.6%
Hispanic
152
12.1%
97
7.7%
3
0.2%
252
20.0%
Native American
0
0.0%
1
0.1%
0
0.0%
1
0.1%
Asian
6
0.5%
1
0.1%
0
0.0%
7
0.6%
Other
56
4.5%
24
1.9%
76
6.1%
156
12.5%

Perpetrator Characteristic: Age

Age Female Percent of Total Male Percent of Total Unknown Percent of Total Subtotal Percent of Total
Under 18
0
0.0%
0
0.0%
0
0.0%
0
0.0%
18-25
171
13.7%
151
12.1%
5
0.4%
327
26.2%
26-35
193
15.4%
131
10.5%
27
2.2%
351
28.1%
36-45
137
11.0%
67
5.3%
18
1.4%
222
17.7%
Over 45
208
16.6%
106
8.5%
7
0.6%
321
25.7%
Unknown
1
0.1%
0
0.0%
28
2.2%
29
2.3%
Total Perpetrators
710
56.8%
455
36.4%
85
6.8%
1,250
0%

* As recommended by the Health and Human Services Commission (HHSC) to ensure consistency across all HHSC agencies, in 2012, the Department of Family and Protective Services (DFPS) adopted the HHSC methodology on how to categorize race and ethnicity.   As a result, data broken down by race/ethnicity in 2012 and after is not directly comparable to race/ethnicity data in 2011 and before.   

Note: Each victim may have more than one perpetrator.

Each perpetrator may have more than one victim.

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Completed Facility Investigations by Fiscal Year

Fiscal Year Completed Investigations
2010
9,922
2011
10,981
2012
10,803
2013
10,818
2014
11,387

Completed Facility Investigations by Setting
Fiscal Year 2014

Fiscal Year Completed Investigations
HCS
3,552
State Supported Living Centers
3,342
State Hospitals
2,710
Private ICF-IID
1,011
Community Centers
573
State Center
199
Total
11,387

Disposition of Completed Facility Investigations
Fiscal Year 2014

Setting of Facility Investigations

Setting Confirmed (%)Confirmed Unconfirmed (%)Unconfirmed Inconclusive (%)Inconclusive
Community Centers
67
0.6%
225
2.0%
83
0.7%
HCS
516
4.5%
1,646
14.5%
467
4.1%
Private ICF-IID
133
1.2%
411
3.6%
122
1.1%
State Center
7
0.1%
140
1.2%
8
0.1%
State Hospitals
158
1.4%
1,368
12.0%
171
1.5%
SSLCs
378
3.3%
1,819
16.0%
210
1.8%
State Total
1,259
11.1%
5,609
49.3%
1,061
9.3%

Setting of Facility Investigations

Setting Unfounded (%)Unfounded Other (%)Other Blank (%)Blank Total (%)Total
Community Centers
0
0.0%
137
1.2%
61
0.5%
573
5.0%
HCS
20
0.2%
653
5.7%
250
2.2%
3,552
31.2%
Private ICF-IID
3
0.0%
223
2.0%
119
1.0%
1,011
8.9%
State Center
8
0.1%
35
0.3%
1
0.0%
199
1.8%
State Hospitals
80
0.7%
604
5.3%
329
2.9%
2,710
23.8%
SSLCs
327
2.8%
454
4.0%
154
1.4%
3,342
29.3%
State Total
438
3.8%
2,106
18.5%
914
8.0%
11,387
100%

Region of Facility Investigations

Region Confirmed (%)Confirmed Unconfirmed (%)Unconfirmed Inconclusive (%)Inconclusive
1 Lubbock
90
0.8%
190
1.7%
63
0.5%
2 Abilene
122
1.1%
594
5.2%
95
0.8%
3 Arlington
151
1.3%
633
5.6%
149
1.3%
4 Tyler
59
0.5%
349
3.1%
44
0.4%
5 Beaumont
76
0.7%
182
1.6%
36
0.3%
6 Houston
109
1.0%
481
4.2%
100
0.9%
7 Austin
275
2.4%
1199
10.5%
167
1.5%
8 San Antonio
133
1.2%
659
5.8%
224
2.0%
9 Midland
121
1.0%
738
6.5%
74
0.6%
10 El Paso
45
0.4%
166
1.4%
54
0.5%
11 Edinburg
78
0.7%
418
3.7%
55
0.5%
State Total
1,259
11.1%
5,609
49.3%
1061
9.3%

Region of Facility Investigations

Region Unfounded (%)Unfounded Other (%)Other Blank (%)Blank Total (%)Total
1 Lubbock
10
0.1%
84
0.7%
4
0.0%
441
3.8%
2 Abilene
51
0.5%
295
2.6%
74
0.7%
1,231
10.9%
3 Arlington
27
0.2%
167
1.5%
326
2.9%
1,453
12.8%
4 Tyler
2
0.0%
24
0.2%
253
2.2%
731
6.4%
5 Beaumont
7
0.1%
19
0.2%
33
0.3%
353
3.2%
6 Houston
15
0.1%
91
0.8%
115
1.0%
911
8.0%
7 Austin
183
1.6%
371
3.3%
65
0.6%
2,260
19.9%
8 San Antonio
3
0.0%
390
3.4%
25
0.2%
1434
12.6%
9 Midland
19
0.2%
358
3.1%
3
0.0%
1,313
11.4%
10 El Paso
5
0.0%
66
0.6%
4
0.0%
340
2.9%
11 Edinburg
116
1.0%
241
2.1%
12
0.1%
920
8.1%
State Total
438
3.8%
2,106
18.5%
914
8.0%
11,387
100%

Note: "Other" and "Blank" include cases referred back to the provider or closed at intake because they do not meet the definitions of abuse, neglect or exploitation and therefore are not investigated.

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