Adult Protective Services Handbook Revision September 2011

This revision of the Adult Protective Services Handbook was published on September 1 2011. Summaries of new or revised items are provided below.

Release 3 Policy Changes

APS Policy Changes Mandated by Senate Bill (SB) 221, 82nd Legislature

Affected items

Cross-references updated

Release 3 Policy Changes

This is the third policy release for FY 2011. The release contains a number of small edits to the sections that address investigation, service delivery, and purchased client services. The changes are designed to provide clarification in each of these areas in order to address requests from external stakeholders, quality assurance, and regional staff.

When a Client Withdraws From Services

The supervisor has the discretion to waive the requirement for multiple home visits after a client withdraws from services if the client has indicated that he or she does not want APS services and the supervisor believes, based on the specialist's observations, that the client may feel harassed by continued APS visits.

Duplicate Referral on Closed Case

The closure code Duplicate Referral/Already Investigated may be used after the original intake has already been closed.

Procedures to Follow When Seeking Entrance Into a Client's Home

Based on the Gates Decision, the steps that a specialist must take when entrance into a client’s home is denied or revoked are provided.

Desk Review of an Investigation

Regional staff may use discretion and wait 30 calendar days instead of 20 to receive a request for a desk review from the perpetrator after the official notice is mailed by DFPS. Program administrators may conduct an initial review of an investigation as soon as the request is received.

Notification to Law Enforcement

Notification to law enforcement is not required if law enforcement was the reporter.

Disposition of Valid/No Fault

APS specialists use the disposition Valid,/No Fault if a perpetrator was a mental illness or an intellectual disability.

APS specialists may use Valid/No Fault for neglect allegations involving family guardians, but not contracted or professional guardians.

Use of the Alternative Resources Checkbox

APS specialists mark the Alternative Resources checkbox in IMPACT before using Purchased Client Services.

Discovery That a Client Has a Guardian

If the specialist does not discover that the client has a guardian until the service delivery stage of the case he or she must still notify the court of the investigation.

Transferring Cases

Policy is clarified regarding transferring cases during the investigation or service delivery stages.

Initial Face-to-Face Contact Is Unsuccessful

If the locating information for client is known to be correct after the second attempted face-to-face contact, the APS specialist follows the procedures in 2261 Procedure When Client Refuses to Cooperate With the Investigation.

Demonstrating Scale During Photography

It is best practice to hold or request that the client hold a ruler or an object of known size (such as a dollar bill) against the injury as a point of reference to show the size of the injury.

Signing Release Forms on the Tablet

Written statements, release forms, and diagrams may be obtained using a hard copy of the document or electronically using the tablet PC.

Time Frame for Initiation Expires

Specialists must consult with their supervisor before the 24-hour initiation time frame expires when an initiation contact has been unsuccessful.

Definitions for the Action and Outcome Options in the Outcome Matrix

An appendix that has a chart to provide general definitions for the action and outcome options in the outcome matrix has been added.

When Exploitation Is Invalid, but Neglect Is Found

The specialist validates neglect if exploitation is invalid, but the client is in a state of caretaker neglect or self-neglect.

Purchase Order for Placement Services (POPS)

Procedures for use of POPS are provided when an APS specialist arranges conditional payment for nursing home care when the client cannot pay.

Documentation by the Secondary Specialist

The secondary APS specialist enters all appropriate documentation in the IMPACT system and documents his or her name as the person making the entry.

Program Name Change

APS MH&MR Investigations has been changed to APS Facility Investigations.

Items Included in This Release

The following items are revised, added, renumbered, or retitled.

APS Policy Changes Mandated by Senate Bill (SB) 221, 82nd Legislature

The SB 221 legislative changes affect APS policy as of 9/1/2011. The bill:

  •   expands the list of persons who may receive disclosure of criminal history information;

  •   states that APS does not have to notify law enforcement at point of intake if law enforcement reported the alleged abuse, neglect, or exploitation to DFPS;

  •   clarifies that term protective services does not include conducting an investigation regarding alleged abuse, neglect, or exploitation of a person age 65 or older or an adult with a disability.

  •   states that APS may furnish services to a relative or caretaker of an APS client if services are necessary to prevent the client from further abuse, neglect, or exploitation; and

  •   extends the time an emergency order for protective services is valid.

See:

2270 Referring Cases to Law Enforcement

2271 Procedure for Referrals to Law Enforcement

2430 Assessing Indicators of a Lack of Capacity to Consent to or Refuse Protective Services During an Investigation

3110 Determining Eligibility for Services

3130 Providing Services Regardless of the Client’s Financial Resources

3510 Description of Purchased Client Services

3522 Developing a Service Plan When Using Purchased Client Services (PCS)

3523 Authorizing Purchased Services

3525 Obtaining Management Approval to Authorize Purchased Client Services (PCS) for the Client, Family Members, or Caretaker

4500 Emergency Order for Protective Services (EOPS)

4530 Termination or Expiration of a Court Order for Emergency Protective Services

4540 Extension of a Court Order for Emergency Protective Services

Items Included in This Release

The following items are revised, added, renumbered, or retitled.

1210 Interpreter Services for Principals With Limited English Proficiency (LEP) or Impaired Sensory or Speaking Ability

1211 Procedure for Providing Interpreter Services

1213 Procedure for Accommodations for Hearing Impairments

1215 Documentation for LEP or Sensory or Speaking Impairments

1311 Procedure for Eligibility Criteria

1348 Exploitation (EXPL) Allegations

1348.1 Procedure for Assessing Exploitation (EXPL) Allegations

1431 Procedure for Assessing State Mental Health and Mental Retardation Services Allegations

1432 Home and Community Based Services (HCS) Investigations Allegations

1530 Procedure for Complaints That Do Not Allege Abuse, Neglect, or Exploitation

1540 Allegations Involving Texas Department of Aging and Disability Services (DADS)

1541 Allegations in Facilities That Are Licensed or Unlicensed but Subject to Licensure by DADS Regulatory Services

1560 Allegations Involving the Texas Department of State Health Services (DSHS)

2141 Procedure for Assigning Secondary APS Specialists

2142 Documentation for Secondary APS Specialists

2210 Determining Appropriate Contacts for Case Initiation

2212 Procedure When Initiation Cannot Be Completed in 24 Hours

2251 Procedure for When a Client Is Not Located at Initial Face-to-Face Attempt

2261 Procedure When Client Refuses to Cooperate With APS Investigation

2261.1 Procedure for Choosing a Disposition When a Client Has Refused to Cooperate With the APS Investigation

2270 Referring Cases to Law Enforcement

2271 Procedure for Referrals to Law Enforcement

2334.1 Procedures for Written Statements

2334.2 Ensuring the Integrity and Security of Documents Obtained Using the Tablet PC

2341 Interviewing Clients

2341.1 Procedures for Interviewing Clients

2341.11 Denial or Revocation of Permission to Enter

2341.12 Transporting a Client for an Interview

2341.13 Conducting the Interview With a Client

2345 Interviewing Medical or Mental Health Staff

2351 Procedure for Taking Photographs

2351.1 Sensitive Photography

2351.2 Photographing Living Environments

2363.2 Documentation for Drawings and Diagrams for Evidence

2381 Criminal History Records Checks

2381.1 Required Criminal History Records Checks

2381.2 Optional Criminal History Records Checks

2381.3 Criminal History Records Checks From Sources Other Than DPS

2381.4 Available Information Is Insufficient for Criminal History Records Checks

2381.5 Criminal History Records Checks and Referrals to DADS Guardianship Services

2381.6 Procedure for Obtaining Criminal History Information

2381.7 Using Criminal History Information to Reach a Finding

2430 Assessing Indicators of a Lack of Capacity to Consent to or Refuse Protective Services During an Investigation

2510 Monthly Status Contacts (MSCs) During Investigations

2511 Procedure for Monthly Status Contacts (MSCs) During Investigations

2511.1 Exceptions for Monthly Status Contacts (MSCs) During Investigations

2511.11 MSCs and the Month of the Initial Face-To-Face Contact

2511.12 MSCs and the Month of Closure in the Investigation

2511.13 MSCs When the Client Cannot Be Located During the Investigation

2511.14 MSC When the Client Refuses to Cooperate

2511.15 MSC When the Client Dies During the Investigation

2530 Subject Matter Expert (SME)

2531 Procedure for SME Consults

2531.1 Documentation for SME Consults

2540 Additional Allegations Received During the Investigation Stage

2541 Procedure for Additional Allegations Received During the Investigation Stage

2550 Client Moves or Cannot Be Located Before the Investigation Is Complete

2551 Procedure for When a Client Cannot Be Located

2551.1 Procedure for Using DFPS Person Locator Services

2552 Procedure Used When a Client Moves Within Texas

2553 Procedure Used When a Client Moves Out of Texas

2663.1 Procedure for Gaining Access to the Ward During an Investigation

2673 Procedure for Providing Emergency Client Services During an APS Facility Investigation in an HCS Program

2683 Investigations Involving Nursing Home Residents

2683.1 Procedure for Investigations Involving Allegations of Exploitation or Eviction

2692 Procedure for Exploitation Allegations Involving HCSSA Employees

2692.1 Exploitation and Failure to Provide Services

2692.2 Client Makes a Loan to HCSSA Employee or Privately Paid Caregiver

2692.3 Exploitation and Medicaid Fraud

2710 Allegation Disposition

2711 Procedure for Determining Allegation Validity

2711.1 Factors Weighed in Determining Caregiver Neglect

2711.2 Factors Weighed in Determining Self-Neglect

2711.3 Factors Weighed in Determining Abuse

2711.4 Factors Weighed in Determining Exploitation

2711.5 Factors Weighed in Determining Suicidal Threat

2821.1 Rapid Closure Codes and Disposition of Other

2821.11 Moved/Unable to Locate

2821.12 Administrative Closure

2821.13 Does Not Meet Definition of APS

2821.14 Client Died

2821.15 Duplicate Referral/Already Investigated

2821.16 Reclassification

2821.17 Other Agency or Out of State

3110 Determining Eligibility for Services

3130 Providing Services Regardless of the Person’s Financial Resources

3218 Making a Reasonable Effort

3230 Procedure for Additional Allegations Received During the Service Delivery Stage

3231 Procedure for New Intake Report Following Additional Allegations

3251 Monthly Status Contacts (MSCs) During Service Delivery

3251.1 Exceptions for Monthly Status Contacts (MSCs) During Service Delivery

3251.11 MSCs and the Month of Closure During Service Delivery

3251.12 MSCs When the Client Cannot Be Located During Service Delivery

3251.13 MSC When the Client Dies During Service Delivery

3251.14 MSCs in Cases Involving DADS Guardianship Services

3252.1 Documentation of Unsuccessful Attempts at Monthly Status Contacts

3471 Procedure for Case Closure During Service Delivery

3473 Client Withdraws From Services

3474.1 Procedures to Follow When a Client Dies During Service Delivery

3474.11 Procedure for New Intake Received Before Client’s Death in Service Delivery

3510 Description of Purchased Client Services

3522 Developing a Service Plan When Using Purchased Client Services (PCS)

3523 Authorizing Purchased Services

3525 Obtaining Management Approval to Authorize Purchased Client Services (PCS) for the Client, Family Members, or Caretaker

3527 Specific Purchases Using Purchased Client Services

3527.1 Providing Purchased Client Services in Home- and Community-Based Services (HCS) Programs

3527.2 Storage Unit Fees

3527.21 Procedure for Payment of Storage Unit Fees

3527.3 Applied Income Payment in Nursing Homes

3527.31 Procedure for Payment of Applied Income

3527.4 Eviction of Alleged Perpetrator

3527.41 Procedure for Payment of Eviction of an Alleged Perpetrator

3527.42 Documenting Payment and Client Initiation of Eviction of an Alleged Perpetrator

3530 Documenting Purchased Client Services

3610 State Term Contract Procurement Cards

3641 Procedure for Claims Processing

4111 Filing Fees for Eviction of Alleged Perpetrator

4130 Documentation of Legal Actions

4131 Documentation of the Guardianship Detail Page

4140 Consultation With Regional Attorneys

4500 Emergency Order for Protective Services (EOPS)

4520 Authorization for Emergency Protective Services Before a Court Order Can Be Obtained

4521 Requesting Emergency Assistance Without a Court Order

4522 Terminating Emergency Services on the Next Business Day

4523 Notifying the Regional Attorney of the Client’s Death

4530 Termination or Expiration of a Court Order for Emergency Protective Services

4540 Extension of a Court Order for Emergency Protective Services

4783.4 Procedure for Case Management After Emergency Referral Form Is Submitted to DADS

5112.1 Individuals and Entities Entitled to the Case Record

5112.13 Release of APS In-Home Case Records to Facilities or Providers Under APS Facility Jurisdiction

5113 Disclosure of Case Information to Other Entities to Assist Clients to Obtain Services

5116 Disclosure of Criminal History Information

5118.2 Notification of Investigation Involving a Guardianship to Probate Court

5118.21 Notifying the Probate Court When DADS Is Guardian or Has Pending Guardianship

5118.22 Notifying the Probate Court When the Alleged Perpetrator Has a Guardian

5118.23 Notifying the Probate Court When Exploitation Allegations Involve a Guardian of the Estate

5118.24 Notifying the Probate Court in Cases Involving an Administrative Desk Review

5120 Release of Case Information to Entities Responsible for Protection of Clients

5241 When to Merge Cases

5241.1 Merge Only Open Cases in the Same Stage

5241.2 Close Duplicate Reports Without Merging Cases

5300 Administrative Desk Review for Designated Perpetrators

5320 Notifying the Designated Perpetrator of Findings and Eligibility for Review

5321 Timely Request for an Administrative Desk Review

5321.1 Request for Records for an Administrative Desk Review

5330 Procedure for the Administrative Desk Review for Designated Perpetrators

5331 Time Frame for Conducting the Administrative Desk Review

5332 Notification of Delay of the Administrative Desk Review

5333 Completing and Documenting the Administrative Desk Review

5334 Closing a Case in Service Delivery Following an Administrative Desk Review

5335 Notification of Results of the Administrative Desk Review for Designated Perpetrators

5336 Circumstances in Which Findings May Be Released (Release Hearing)

5422 Administrative Review in Non-EMR Cases

5423.1 Receipt or Non-Receipt of Request for a Release Hearing in Non-EMR Cases

5424.2 Release of Findings in Non-EMR Cases

5424.22 Release of Findings on Investigations of Foster Home Providers and Employees

5424.4 Release of APS Findings to Professional Licensing Boards, Commissions, and Other Agencies

5424.45 Release of APS Findings to Guardianship Certification Board

Appendix IX: APS Service Codes, Descriptions, Unit Types, and Descriptions

Appendix XVI: Using the Tablet PC for Obtaining and Storing Written Statements and Diagrams

Cross-References

Cross-references to revised items have been updated in:

1430 Assessing State Mental Health and Mental Retardation Services Allegations

1431 Procedure for Assessing State Mental Health and Mental Retardation Services Allegations

1432 Home and Community Based Services Waiver (HCSW) Investigations Allegations

2200 Case Initiation

2672.2 Circumstances That Require APS In-Home Investigation

2673 Procedure for Providing Emergency Client Services During an MH and MR Investigation in an HCSW Program

3215.4 Example of the Outcome Matrix Detail

3253 Procedure for Monthly Status Contacts in the Month of Closure

3527 Providing Purchased Client Services in Home- and Community-Based Services Waiver (HCSW) Programs

3353 When Services Are Not Available for Community-Based Long-Term Care

3354 Resolution When a Client Rejects Alternative Services

3353 When Services Are Not Available for Community-Based Long-Term Care

3355 Using Purchased Client Services (PCS) for Personal Attendant Care

3470 Case Closure During Service Delivery

3471.1 Supervisory Review of Closure

3523 Authorizing Purchased Client Services

3535 APS Service Authorization

3611 Procedures for the Use of State Term Contract Procurement Cards

3622 Determining Rate for POPS

4732.1 Criminal History Checks

5119.1 Release of Information on Adult Foster Care Provider Applicants (DADS Form 2357, DFPS Records Check)

5120 Release of Case Information to Entities Responsible for Protection of Clients

5431 Sending Notice of Intent to Release in Client Protection Cases