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Section 1000: Program Overview: Adult Protective Services (APS)
1000 Program Overview: Adult Protective Services (APS)
1100 APS Purpose and Objectives
1211 Conducting Culturally Competent Casework
1211.3 Selection of Service Providers
1211.4 Use of Cultural Strengths
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Section 2000: Statewide Intake (SWI) and Case Assignment
2000 Statewide Intake (SWI) and Case Assignment
2200 Case-Related Special Requests
2310 Priority I (P1) Intakes after Hours
2320 On-Call Information in IMPACT for Case Assignment
2330 Intakes with Special Considerations
2340 Assignment of Secondary APS Specialists
2410 Notifying SWI about Chronic Callers
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Section 3000: Scope and Eligibility
3100 Alleged Victim Eligibility
3230 Financial Exploitation (EXPL) Allegations
3310 Perpetrators of Abuse and Financial Exploitation
3340 Home and Community-Based Services and Consumer Directed Services
3400 Complaints That Do Not Allege Abuse, Neglect, or Financial Exploitation
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Section 4000: Cases Involving Health and Human Services Commission (HHSC) or Other Settings
4000 Cases Involving Health and Human Services Commission (HHSC) or Other Settings
4100 Allegations Involving HHSC Health Care Facilities
4200 Allegations Involving HHSC Long-Term Care Regulatory Services
4210 HHSC Facility-based Programs
4211 Allegations in Nursing Homes
4211.1 Financial Exploitation of a Resident of a Nursing Home
4211.2 Nursing Home Discharge Planning
4212 Allegations in Assisted Living Facilities
4212.1 Allegations in Facilities Requiring an Assisted Living Facility License
4220 HHSC Community-based Programs
4221 Home and Community Support Services Agencies (HCSSAs)
4230 HHSC Protective Service Providers
4231 HHSC Provider Investigations (PI)
4231.1 Allegations in Settings Investigated by HHSC Provider Investigations
4231.2 Allegations in Settings Regulated by HHSC Child Care Licensing (CCL)
4300 Allegations in Other Settings
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Section 5000: Complex Cases
5100 Supports for Complex Cases
5120 Supports for Service Delivery
5200 Cases Involving Family Violence
5210 Texas Address Confidentiality Program (ACP)
5220 Investigations Involving Family Violence
5230 Family Violence Materials
5240 Services for Victims of Family Violence
5250 Family Violence Safety Plan
5300 Cases Involving Noncitizens
5310 Noncitizens and Use of PCS Funds
5311 Noncitizen Who Has Immigration Documents
5312 Noncitizen Without Appropriate Immigration Documents
5320 Change of Immigration Status
5330 Consulates and Other Foreign Entities When Working With Noncitizens
5340 Transportation of Clients Who Do Not Have Valid Immigration Documents
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Section 6000: Evidence Collection
6121 Interviewing an Alleged Victim or Client
6121.1 Permission to Enter the Home
6121.11 Denial or Revocation of Permission to Enter
6121.2 Transportation for an Alleged Victim or Client
6122 Interviewing an Alleged Perpetrator
6123 Interviewing a Collateral
6123.1 Interviewing the Reporter
6123.2 Interviewing Medical or Mental Health Staff
6123.3 Interviewing Law Enforcement
6124.1 Requesting Consent to Interview a Minor
6124.2 Interviewing a Minor Without Requesting Consent
6124.3 Interviewing a Minor at School
6310 Photos, Audio, and Video as Evidence
6311 Obtaining Permission to Take Photos
6312 Taking Photos of a Person
6313 Taking Photos of a Living Environment
6320 Diagrams and Drawings as Evidence
6412 Criminal History Records Checks
6412.1 Required Criminal History Records Checks
6412.2 Optional Criminal History Records Checks
6412.3 Criminal History Records Checks From Sources Other Than DPS
6412.4 Insufficient Information for Criminal History Records Checks
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Section 7000: Guardianship Cases
7100 Investigations Involving a Ward
7130 Financial Exploitation Allegations Against a Guardian of the Estate
7210 Background Checks and Guardianship
7220 Initiation of Guardianships
7221 Relative or Other Person as Guardian
7222 Attendance at Guardianship Hearings
7300 Referrals to HHSC Office of Guardianship Services (OGS)
7310 Criminal History Records Checks and Referrals to HHSC OGS
7320 Minimum Information for HHSC OGS Referrals
7330 Standard Referrals to HHSC OGS
7331 Completion of a Standard Referral
7332 Case Management After Standard Referral
7340 Emergency Referrals to HHSC OGS
7341 Emergency Referral With Emergency Order for Protective Services (EOPS)
7341.1 Completion of an Emergency Referral After an EOPS
7342 Emergency Referral to Protect Client Assets
7343 Case Management After Emergency Referral
7350 Joint Staffing of Referrals to HHSC OGS
7360 Guardianship Review Committee (GRC)
7370 General Issues About HHSC OGS Referrals
7371 Incomplete or Missing Information in the Referral
7372 Medicaid and the Guardianship Process
7373 Certificate of Medical Examination (CME)
7374 Determination of Intellectual Disability
7376 Request for Extension on Filing Guardianship Application
7377 Less Restrictive Alternative and Another Referral Within Six Months
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Section 8000: APS Investigations
8110 Changes in Alleged Victim’s Location
8120 Documentation of the Safety Assessment
8130 Changes in Allegation Priorities
8140 Current Danger Factors and Immediate Interventions
8200 Barriers to Making Contact With Alleged Victim
8210 Alleged Victim Refuses to Cooperate With APS Investigation
8220 Alleged Victim Moves or Cannot Be Located During the Investigation
8300 New Allegations and New Intakes During the Investigation
8310 New Allegations During the Investigation
8320 New Intakes During the Investigation
8400 Referrals to Law Enforcement
8500 Allegations Involving Paid Caretakers
8510 Loans to a Paid Caretaker
8600 Determination of Findings in an Investigation
8610 Allegation Disposition (Finding)
8620 Determination of the Validity of the Allegation
8623 Financial Exploitation Allegations
8630 Evaluation of Credibility of Evidence
8640 Conclusion Summaries and Conclusion Justifications
8641 Self-Neglect Conclusion Summary
8642 Service Stage Conclusion Summary
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Section 9000: Case Contacts
9100 Requirements for Contacts
9110 Time Frame for Entry of Contacts
9210 Completing a Case Initiation
9300 Self-Neglect Resolved Before Initial Face-to-Face
9400 Initial Face-to-Face Contact With the Alleged Victim
9410 Alleged Victim Cannot Be Seen for Initial Face-to-Face Contact
9420 Alleged Victim Is Inaccessible for Initial Face-to-Face Contact
9500 Safety and Service Contacts
9511 Safety Contacts When the Alleged Victim Refuses to Cooperate
9521 Service Contacts in the Month of Progression
9521.1 Progression to Maintenance
9521.2 Progression from Maintenance to Intensive Case Services (ICS)
9521.3 Progression to Intensive Case Services (ICS)
9522 Changes to Contact Standards during ICS
9523 Service Contacts When the Client Fails to Respond
9524 Service Contacts in Cases Involving HHSC Office of Guardianship Services
9530 Safety and Service Contacts When APS Cannot Find the Client
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Section 10000: Providing and Arranging for Services
10000 Providing and Arranging for Services
10210 Offering the Least Restrictive Alternative
10220 Using Legal Alternatives (Court Actions)
10230 Making a Reasonable Effort
10240 Entering Action Categories, Action Results, and Outcomes in the Service Plan
10250 Monitoring the Service Plan
10300 Possible Lack of Capacity to Consent When a Client Refuses or Withdraws from Services
10310 Assessing Indicators (Signs) of a Lack of Capacity to Consent
10320 Client Refusing or Withdrawing from Services
10330 Seeking Medical or Mental Health Evaluations
10400 Community-Based Long-Term Care
10410 Service Planning and Community-Based Long-Term Care
10420 Access to HHSC Long-Term Care Services
10430 HHSC Long-Term Care Services Not Available
10500 Clients with Intellectual Disabilities or Mental Health Diagnoses Receiving Services from HHSC
10600 Financial Exploitation and Service Delivery
10610 Financial Exploitation by a Fiduciary
10620 Medicaid Eligibility and Financial Exploitation of Income or Resources
10700 Hospital and Nursing Home Admissions
10710 Voluntary Admission to Hospital or Nursing Home
10720 Involuntary Admission to Hospital or Nursing Home
10730 APS Role in Completing Hospital and Nursing Home Admission Forms
10800 Management of Clients’ Affairs and Assets
10900 Purchased Client Services (PCS)
10910 Assessing the Need for Purchased Client Services
10911 Client’s Budget and Financial Resources
10920 Obtaining Approval for Purchased Client Services
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Section 11000: Maintenance and Intensive Case Services
11000 Maintenance and Intensive Case Services
11210 Strengths and Needs Assessment
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Section 12000: Death of an Alleged Victim or Client
12000 Death of an Alleged Victim or Client
12100 Alleged Victim Dies During the Investigation
12110 Alleged Victim Dies Before the Initial Face-to-Face Is Completed
12120 Alleged Victim’s Death is Related to Natural Causes, Accident, or Self-Neglect
12130 Alleged Perpetrator’s Actions Did Not Contribute to Alleged Victim’s Death
12140 Alleged Perpetrator’s Actions May Have Contributed to the Alleged Victim’s Death
12200 Client Dies During a Service Delivery Stage
12210 New Intake Is Received Before Client’s Death During a Service Delivery Stage
12220 Death Is Related to Natural Causes, an Accident, or Self-Neglect During a Service Delivery
12230 Client’s Death May Involve Allegations Validated in the Investigation Stage
12250 Client’s Death Involves New Allegations of Abuse or Neglect by an Alleged Perpetrator
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Section 13000: Legal Actions, Legal Documents, and Other Non-Legal Remedies
13000 Legal Actions, Legal Documents, and Other Non-Legal Remedies
13100 Initiating Legal Actions
13120 Consulting With Regional Attorneys
13130 Court Costs and Filing Fees
13131 Filing Fees for Eviction of Alleged Perpetrator
13140 Required Documentation of Legal Actions
13150 Legal Forms Completed by the APS Specialist
13160 Requesting a Transaction Hold from a Financial Institution
13400 Interference With Investigation or Protective Services
13500 Original Petition for Emergency Order for Protective Services (EOPS)
13510 Completing a Motion for EOPS
13520 Pre-Removal Medical Report
13530 Post-EOPS Physician’s Report
13540 Court Proceedings for EOPS
13550 Authorization for EOPS Before Obtaining a Court Order
13551 Emergency Removals Without a Court Order
13552 Notifying the Regional Attorney of the Client’s Death
13560 Termination or Expiration of a Court Order for Emergency Protective Services
13570 Extension of a Court Order for Emergency Protective Services
13600 Types of Legal Documents an APS Specialist May Encounter
13621 Directive to Physicians (Living Will)
13622 Medical Power of Attorney
13630 Surrogate Decisions in Hospitals or Nursing Homes
13640 Surrogate Decisions in Licensed ICF-IID Facilities
13710 Guardian of the Person, Estate, or Both
13800 Mental Health Commitment
13811 Use of Emergency Detention for an APS Client
13820 Temporary Court-Ordered Mental Health Services
13830 Voluntary Admission to a Mental Health Facility
13900 Family Violence Protective Orders Against a Perpetrator
13910 APS Specialist’s Role in Assisting a Client With a Protective Order
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Section 14000: Case and Stage Closure
14100 Investigation Stage Closure
14110 Investigation Stage Closure Codes
14111 Rapid Closure Codes and Disposition of Other
14120 Supervisory Review of Investigation Stage Closure
14210 Service Stage Closure Codes
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Section 15000: Due Process and Release of Information
15000 Due Process and Release of Information
15110 Designated Perpetrators Ineligible for a Desk Review
15120 Notifications to the Designated Perpetrator
15130 Timely Request for a Desk Review
15150 Closure of a Case in Service Delivery After a Desk Review
15160 Notification of Results of the Desk Review
15170 Release of Findings Outside DFPS After a Desk Review
15200 Expedited Desk Review for DFPS Employees
15210 Notification of Findings to a DFPS Employee
15220 Timely Request for an Expedited Desk Review
15230 Consequences of Expedited Desk Review Dispositions
15300 Due Process for Non-EMR (Employee Misconduct Registry) Cases
15310 Emergency Release of Findings in Non-EMR Cases
15320 Notification of Intent to Release Findings in Non-EMR Cases
15330 Administrative Review in Non-EMR Cases
15331 Requesting an Administrative Review in Non-EMR Cases
15332 Conducting an Administrative Review in Non-EMR Cases
15340 Release Hearings for Non-EMR Cases
15341 Notification of Judge’s Decision
15350 Release of Findings in Non-EMR Cases
15351 Release of Findings to HCSSAs and Adult Foster Care Homes
15352 Release of Findings to Professional Licensing Boards, Commissions, and Other Agencies
15400 Employee Misconduct Registry (EMR)
15420 Required Information for EMR-Eligible Investigations
15421 Entering the EMR Information in IMPACT
15430 Management Review of EMR-Eligible Investigations
15440 Role of the EMR Coordinator
15450 Notifications of Findings in EMR-Eligible Cases
15451 Notice of Findings to Employer
15452 Notice of Findings to Employee (Designated Perpetrator)
15471 Schedule Changes for a Hearing
15472 Withdrawal of Request for a Hearing
15473 Failure to Appear for a Hearing
15474 Decision of Administrative Law Judge (ALJ)
15477 Placement of Sustained Perpetrators on the EMR
15500 Cases Involving School Personnel
15510 Request for Administrative Review by School Personnel (Designated Perpetrator)
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Section 16000: Confidentiality and Integrity of Records
16000 Confidentiality and Integrity of Records
16100 Disclosure and Release of Case Information
16110 Release of the Case Record
16111 Individuals and Entities Entitled to the Case Record
16111.2 Release of Case Records to HHSC Provider Investigations
16111.3 Release of Case Records to Law Enforcement Agencies and Prosecuting Attorneys
16120 Disclosure of Case Information
16121 Case Information to the Reporter and Collaterals
16122 Case Information to Others to Help Clients Get Services
16123 Case Information to Prospective Guardians
16124 Case Information in Connection With a Court Action
16124.1 Court Notification About an Investigation Involving Guardianship
16124.2 Court Notification About HHSC OGS Guardianship
16124.3 Court Notification When the Alleged Perpetrator Has a Guardian
16124.4 Court Notification of Alleged Financial Exploitation by a Guardian of the Estate
16124.5 Court Notification About Cases Involving a Desk Review
16125 Disclosure of Protected Case Information
16125.1 Disclosure of Reporter Information
16125.2 Disclosure of HIV or AIDS Information
16125.3 Disclosure of Criminal History Information
16126 Case Information to HHSC on AFC Provider Applicants or HCSSA Staff
16126.1 Release of Information on Applicants to Become AFC Providers
16127 Release of Case Information to Entities Responsible for Protecting Clients
16127.1 Release of Information to State Supported Living Centers (SSLC)
16200 Management of Case Records
16220 Maintenance of External Case Files
16230 Records Retention and Destruction
16231 Destruction of Case Records
16250 Merging Persons and Cases
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APS Appendices
Appendix I: Facilities and Jurisdictions
Appendix II: Decision-Making Trees – If the Client Is Conditionally Safe or Unsafe