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1370 Do Not Resuscitate (DNR) and Removal of Life Support Allegations

APS IH / May 2007

DFPS has no legal authority to consent to a DNR or removal of life support.

1371 Procedure for Do Not Resuscitate (DNR) and Removal of Life Support Allegations

APS IH / May 2011

The APS specialist:

  •   does not investigate allegations in which the only need is to consent to:

  •   a Do Not Resuscitate (DNR) order, or

  •   remove life support; and

  •   informs persons, including hospital personnel, who report such situations, of the provisions in §166.088(f) and §166.039 of the Texas Health and Safety Code that allow two physicians to issue these orders.

1380 Need for Consent to Medical Treatment Allegations

APS IH / June 2009

Hospitals

APS has the authority to give legal consent to medical treatment only:

  •   if APS invoked §48.208 of the Texas Human Resources Code (HRC) for an Emergency Order for Protective Services to hospitalize the individual; and.

  •   during the time the order is in effect.

APS has no legal authority to consent to medical treatment in any other situation.

Residential Care Facilities

Adult Protective Services does not investigate the need for consent to medical treatment of person age 65 or older or adults with disabilities who reside in residential care facilities. These facilities include, but are not limited to:

  •   nursing homes;

  •   assisted living homes;

  •   state supported living centers;

  •   state hospitals; and

  •   ICF-MR facilities.

See also:

4630 Surrogate Decisions in Hospitals or Nursing Homes

4640 Surrogate Decisions in in Licensed ICF-IID Facilities

1381 Procedure for Need for Consent to Medical Treatment Allegations

APS IH / May 2011

The APS specialist:

  •   consults with the supervisor, district director or designee, and regional attorney before providing consent to medical treatment when APS invoked an Emergency Order for Protective Services to hospitalize the client; and

  •   refers all other situations needing consent to medical treatment to the facility itself, which employs applicable laws and internal procedures to manage these situations.

1390 Allegations Involving Chronic Callers

APS IH / September 2012

Alleged victims who establish a pattern of making allegations of abuse, neglect, or financial exploitation about themselves that are frivolous or patently without a factual basis displace APS specialists’ time and attention from other allegations.

1391 Criteria for Establishing a Pattern for Chronic Callers

APS IH / September 2012

The criteria for determining whether an alleged victim is making frivolous or patently false allegations about himself or herself may include but are not limited to one or more of the following:

  •   The details of the specific allegations are of a virtually identical nature to previous reports the person has made.

  •   DFPS has found that there is no supporting evidence that abuse, neglect, or financial exploitation has occurred.

  •   The alleged victim makes repeated requests that a particular APS specialist be sent to interview him or her (that is, only wants a specific APS specialist or an APS specialist of a specific gender to be sent).

  •   The allegations are determined by the program administrator to be attributed to the alleged victim’s documented attention-seeking behavior or symptomatic of the person’s documented diagnosis of mental illness or intellectual disability and there is no supporting evidence that abuse, neglect, or financial exploitation has occurred.

See also 2821.12 Administrative Closure.

1392 Notifying Statewide Intake (SWI) About Chronic Callers

APS IH / September 2012

Upon identifying an alleged victim who has established a pattern of making allegations that are frivolous or patently without a factual basis, the APS specialist consults with his or her supervisor to ensure that the alleged victim meets the criteria for establishing a pattern of making allegations that are frivolous or without factual basis.

If the alleged victim meets the criteria, the APS specialist:

  •   notifies the program administrator that the alleged victim meets the criteria for placement on the chronic caller list; and

  •   requests that the program administrator send a request to the SWI DFPS QAUNIT mailbox for placement of the alleged victim on the chronic caller list.

Once the alleged victim is placed on the chronic caller list, calls from the alleged victim that meet the criteria used to place him or her on the list are sent to the region as information and referral (I&Rs) calls.

1393 Procedures for Tracking the Chronic Caller List

APS IH / September 2012

The regional office maintains a list to track alleged victims added to the chronic caller list. Information on the tracking sheet includes:

  •   the alleged victim’s name;

  •   the date the alleged victim is added to the chronic caller list;

  •   specific information about the criteria used to establish a pattern of making frivolous or patently false allegations.

1394 Procedures for Removing an Individual From the Chronic Caller List

APS IH / September 2012

It is the program administrator’s responsibility to ensure that the chronic caller list is up-to-date. The program administrator checks the chronic caller list on a quarterly basis.

If the criteria used to establish a pattern of false reporting is no longer relevant, the program administrator:

  •   removes the caller from the chronic caller list; and

  •   notifies the SWI DFPS QAUNIT mailbox about the decision to take the caller off of the chronic caller list.

Reasons that the criteria are no longer met may include, but are not limited to, the following:

  •   The alleged victim is no longer calling in false allegations.

  •   Specific details about the allegations that the individual is reporting no longer match the reasons that the caller was placed on the chronic caller list, so there is no longer a specific pattern.

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