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 591-596.

Major Provisions:

Mandatory reporting of reports of abuse, neglect, and exploitation of elderly persons and adults who are disabled.

Receipt and investigation of all reports (unless patently false); initiation of investigations within 24 hours of receipt of report.

Responsibility for investigations of abuse and neglect of persons served by or through Texas Department of Mental Health and Mental Retardation (TXMHMR) facilities and community MHMR centers.

Responsibility for other state agencies to investigate.

Responsibility for guardianship of persons with disabilities who age out of Child Protective Services (CPS) conservatorship and are unable to manage their own affairs.

Assessment of the adult's capacity to understand the situation and the degree of danger it presents.

Provision or arrangement of the services needed, which may include guardianship, to prevent or alleviate maltreatment.

Honoring the individual's right to self-determination and using the least restrictive alternative in the provision of protective services.

Authority to seek court orders when necessary to gain access to the individual, to prevent interference with the provision of voluntary protective services, to provide emergency protective services, to access records or documents, and to initiate emergency protective services (e.g., a removal) after hours and on holidays without a court order.

Requirement to notify law enforcement if the investigation reveals that an elderly or disabled person has been abused in a manner that constitutes a criminal offense.

Confidentiality of case records.

Factors Contributing to Maltreatment and Neglect:

Aging Population

Growing number of younger persons with disabilities

Alcohol and drug dependency


Lack of affordable housing

De-institutionalization of persons who are mentally ill and/or mentally retarded when community support is not adequate

Inadequate access to health care

Pathological family relationships/violence as a coping mechanism in society

Physical and mental stress of caregiving in traditionally non-violent, caring households

Denial of benefits, such as SSI and Medicaid, to elderly and disabled immigrants and to persons with disabilities related to chemical addiction

Obstacles to Meeting Needs:

Need for long term therapeutic and residential services for aging-out CPS clients who will be maintained under guardianship of PRS as adults

Not enough licensed board and care homes, TXMHMR registered homes, and adult foster homes or affordable means for housing persons who only need supervision of medication

Waiting lists and other limitations in the availability of in-home care and home health care

Shortage of resources to serve persons denied benefits under welfare reform

Gaps in surrogate decision making processes for incapacitated persons in hospitals and nursing homes

Lack of access to affordable health care and prescription drugs.

Inadequate community services for persons discharged from state hospitals and schools.

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Fiscal Year 1998 Expenditures and Staffing

APS Staff Costs $20,299,132

493 Direct Delivery (supervisors, workers, clerical)

543 Total Staff

Purchased Services Costs $3,967,946

Emergency Client Services

  • Emergency shelter
  • Nutrition/Food
  • Personal needs
  • Medical Supplies
  • . . . and many more

Guardianship Contracts

MHMR Investigations Staff Costs (all settings) $4,952,181

121 Direct Delivery (supervisors, workers, clerical)

125 Total Staff

PRS Total




Method of Finance:

General Revenue Fund




Earned Federal Funds




Federal Funds, est.




Appropriated Receipts, est. & IAC




Total Method of Finance




Number of Positions

5,796 6,191 6,261

(FTEs) estimated

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Definitions of Staff Categories

Direct Delivery Clerical Support

This category includes clerical staff who support direct delivery workers, supervisors and program directors.

Direct Delivery Administrative Support

This category includes social service technicians who support direct delivery workers, supervisors and program directors.

Direct Delivery Workers

Workers in all programs who provide direct services to clients. Worker totals do not include social services technicians and community service aides who support workers

Direct Delivery Supervisors

Supervisors who supervise direct-delivery workers. Includes program directors who supervise direct-delivery supervisors.

Non-Direct Delivery Clerical/Administrative Support

Clerical: Clerical staff who support direct-delivery workers, supervisors and program directors.

Administrative Support: Social Services Technicians and Community Service Aides who support workers.

Non-Direct Delivery Supervisors

Supervisors not in direct-delivery services. Includes Division/Program Administrators who are not exempt.

Management Support

This category includes staff who provide general administrative services not paid directly by program.


This category includes officials and administrators who are exempt from the State Classification Plan.

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PRS Staffing

Actual Filled Positions as of 8/30/98

Filled Positions 8/30/98

Staff Type

(End of FY)

Direct Delivery Staff:







Administrative Support


Subtotal, Direct Delivery Staff


Non-Direct-Delivery Staff:





Clerical/Administrative Support


Management Support


Subtotal, Non-Direct Delivery Staff


Total Agency Staff


Direct Delivery Staff as a % of Total Staff


Non-Direct Delivery Staff as a % of Total Staff



Source: Department of Protective and Regulatory Services, Human Resources Division, Human Resources Management Information System (HRMIS) strip files and payroll reports.

NOTE: This data represents point-in-time actual filled positions. It is not converted to full-time-equivalent (FTE) positions.

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