1200 Adult Protective Services Clients' Rights
APS IH / May 2007
Chapter 48, Title 2, Texas Human Resources Code (HRC), grants specific rights to Adult Protective Services (APS) clients.
APS clients have a right to:
• refuse protective services unless abuse or neglect presents a threat to life and there is a lack of the capacity to consent to protective services;
• participate in and to be consulted about all decisions concerning their welfare, if able to do so;
• select the least restrictive of the alternatives available for meeting their needs;
• refuse medical treatment, even if determined to lack the capacity to consent to protective services, if the medical services conflict with their religious beliefs and practices; and
• have court-appointed attorneys ad litem to represent their interests at any Emergency Order for Protective Services proceedings.
1210 Interpreter Services for Principals With Limited English Proficiency (LEP) or Impaired Sensory or Speaking Ability
APS IH / September 2011
According to Title VI of the Civil Rights Act of 1964, no person in the United States under any program or activity receiving federal financial assistance will, on the ground of race, color, or national origin, be:
• excluded from participation in;
• denied the benefits of; or
• subjected to discrimination.
Executive Order 13166, issued August 11, 2000, orders that Title VI also apply to persons with limited English proficiency (LEP) or sensory or speaking impairments.
Limited English Proficiency (LEP) Versus Impaired Sensory or Speaking Skills
Limited English proficiency means individuals:
• do not speak English as their primary language;
• have limited ability to read, write, speak, or understand English; and
• may need a translator.
Impaired sensory or speaking ability means a limited ability to communicate because of a physical or mental condition that affects communication.
Federal law requires government entities that receive federal funds to provide appropriate interpreter services to principals (clients and alleged perpetrators) with LEP and impaired sensory or speaking ability.
APS makes reasonable, documented efforts to provide information and protective services to principals with LEP or impaired sensory or speaking ability in a language or medium that the individuals can understand.
Reasonable efforts include:
• recruiting bilingual caseworkers;
• providing qualified interpreters and translators;
• providing bilingual brochures, forms, and other printed materials;
• using the principal’s preferred language in all written and oral communication; and
• using TTY and TTD services for telephone communications.
APS attempts to ensure that principals with LEP, or hearing, visual, or speech impairments, understand all significant APS actions at each of the following stages of protective services, if applicable:
• Investigation
• Case planning and service delivery
• Judicial proceedings (where accommodations are not provide by the courts)
• Temporary and permanent placements
• Emergency Client Services
1211 Procedure for Providing Interpreter Services
APS IH / September 2011
The APS specialist provides appropriate interpreter services or communication assistance to principals with LEP or sensory or speaking impairments.
When providing appropriate interpreter services or communication, the APS specialist:
• ensures that efforts to provide bilingual and interpreter services do not delay or interfere with:
• any actions necessary to protect the client from harm or risk of harm, or
• the investigation in a manner that compromises evidence;
• uses trained professional interpreters, or an APS specialist or supervisor fluent in the preferred language when possible. Some proficiency in the principal’s chosen language is not considered fluency;
• ensures that case information is maintained in a manner that does not jeopardize confidentiality when using a non-APS interpreter or translator;
• ensures the interpreter has no stake in the case he or she is translating and that there is no conflict of interest;
• avoids using family members to provide interpreter services, unless specifically requested by the principal. If the only option for interpretation is a family member, the APS specialist ensures that this person is not involved in the case; and
• provides all aids and materials at no cost to the person being served. Regional APS determines who the local providers are, as well as the proper methods of payment.
1212 Procedure for Accommodations for Visual Impairments
APS IH / May 2011
The APS specialist makes reasonable, documented efforts to provide information and protective services to principals with visual impairments in a medium that can be understood.
The APS specialist’s efforts to provide accommodations for visual impairments include, but are not limited to, the use of:
• readers;
• audiotapes;
• Braille; and
• large print.
1213 Procedure for Accommodations for Hearing Impairments
APS IH / September 2011
The APS specialist makes reasonable, documented efforts to provide information and protective services to principals with hearing impairments in a medium that can be understood.
The APS specialist’s efforts to provide accommodations for hearing impairments include, but are not limited to, the use of:
• certified sign language interpreters (Level III or above);
Some people with hearing impairments use only a few basic signs for communicating. Some sign language is regional. APS makes every effort to locate an interpreter who can communicate within these parameters.
• writing materials;
• pictures; and
• objects.
See also 1215 Documentation for LEP or Sensory or Speaking Impairments
1214 Procedure for Accommodations for Speech Impairments
APS IH / May 2011
The APS specialist makes reasonable, documented efforts to provide information and protective services to principals with speech impairments in a medium that can be understood.
The APS specialist’s efforts to provide accommodations for speech impairments include, but are not limited to, the use of:
• assistive technology;
• writing materials; and
• interpreters not involved in the specific case who can interpret the person’s speech.
1215 Documentation for LEP or Sensory or Speaking Impairments
APS IH / September 2011
The APS specialist documents a principal’s LEP or sensory or speaking impairments on the Person Characteristics section of the Person Detail page.
The APS specialist documents reasonable efforts to provide accommodations for LEP or sensory or speaking impairments in the LEP/Sensory Impairment section of the APS Investigation Conclusion page.
The APS specialist indicates the:
• principal’s preferred language or method of communication;
• information regarding the use of a translator;
• APS specialist’s fluency in the principal’s preferred language if no translator is used;
• other efforts to provide accommodations.
If the specialist was able to communicate with a principal who has a hearing impairment without any accommodations, then documentation of a communication accommodation on the Investigation Conclusion page in IMPACT is not required. The following actions are not considered accommodations:
• the specialist raising his or her voice;
• the specialist sitting closer to the principal; or
• the principal adjusting the volume of his or her hearing aid.
See also 1213 Procedure for Accommodations for Hearing Impairments