Adult Protective Services Handbook Revision December 2011
This revision of the Adult Protective Services Handbook was published on December 1, 2011. Summaries of new or revised items are provided below.
APS In-Home Handbook: Release 1 Policy Changes for FY 2012
APS does not investigate self-neglect allegations involving nursing home residents, including eviction due to non-payment, unless all appropriate discharge planning has been completed by the nursing home. APS continues to investigate when exploitation is alleged.
1542 Allegations in Nursing Homes
1542.1 Procedure for Allegations in Nursing Homes
1542.2 Examples of Situations Appropriate for APS Investigation
1542.3 Examples of Situations Not Appropriate for APS Investigation
2683.1 Procedure for Investigations Involving Allegations of Exploitation Against a Resident of a Nursing Home
This policy is updated to include the use of the rapid closure code Administrative Closure when the alleged perpetrator no longer has access to perpetrate abuse, neglect, or exploitation against the client and the client is not at current or foreseeable risk. The policy incorporates policy memo 11-002 Assessing Allegations for In Home Investigation.
2270 Referring Cases to Law Enforcement
2821.12 Administrative Closure
This policy change states that when there are alleged injuries, the specialist is no longer required to take follow-up photos 24-48 hours after the initial photos are taken. It also no longer requires photos of alleged injuries if the client denies the abuse, there are no visible injuries, and the specialist doesn’t suspect the client is trying to protect the alleged perpetrator.
2351 Procedure for Taking Photographs
If MSC is not due when a case is submitted for closure, a MSC is not required unless the supervisor rejects the case for corrections, more information, and so on.
2511.12 MSCs in the Month of Closure in the Investigation
3251.11 MSCs in the Month of Closure in Service Delivery
The specialist may inform the client of case closure by certified letter, in addition to in person or by phone. Also, when the specialist makes a call or visit to inform the client of case closure, but the client is unavailable, the specialist may inform another person involved in the client’s care of case closure. This includes leaving messages.
2810 Procedure for Investigation Closure
3471 Procedure for Case Closure During Service Delivery
This APS revision provides policy and procedures for handling subpoenas..
Regional staff no longer send the notice of findings letters to the perpetrator and employer as part of the EMR process. These letters are mailed by the EMR coordinator in state office. Also, if the decision to pursue inclusion on the EMR is reversed, the specialist or the subject matter expert (SME) must document the decision and update the finding in IMPACT.
If the EMR due process has not been completed yet and APS learns the perpetrator is working for a new employer that allows him or her access to vulnerable adults, APS cannot release the findings. The perpetrator must first be provided with non-EMR due process or the EMR process completed and upheld before findings can be released to a new employer.
5411.3 Regional Director Review
5412.1 Notification to the State Office Coordinator of the Employee Misconduct Registry (EMR)
5412 APS EMR Database
5417 Notice of Findings to Subsequent Employers Before the EMR Hearing
Staff may use encrypted e-mail to send personal identifying information to persons and entities outside of DFPS. APS staff may use encrypted e-mail as appropriate when releasing findings or making notifications.
5100 Confidentiality, Disclosure, and Release of Case Information
The following items contain cross-references that were affected by revised titles and those cross-references have been changed.
Affected by Revised Title 1541 Allegations in Facilities Requiring Licensure by DADS Regulatory Services
1541.1 Procedure for Assessing Allegations in Facilities That Are Licensed or Unlicensed but Subject to Licensure by DADS Regulatory Services
2682 Investigations in Boarding Home Facilities
2683 Investigations Involving Nursing Home Residents
2711 Procedure for Determining the Validity of the Allegation
5119.1 Release of Information on Adult Foster Care Provider Applicants (DADS Form 2357, DFPS Records Check).
Affected by Revised Title 1541.2 Procedure for Determining Whether an Assisted Living Facility Is Licensed or Should Be Licensed by DADS Regulatory Services
2682 Investigations in Boarding Home Facilities
Affected by Revised Title 5413 Duties of the EMR Coordinator in State Office
5411.4 Valid – Reportable Conduct Allegation Disposition
Revised Titles With No Affected Cross-References
2821.2 Procedure for Supervisory Review of Investigation Stage Closure
5413 Duties of the EMR Coordinator in State Office