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Adult Protective Services Handbook

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  • Section 1000: Program Overview: Adult Protective Services (APS)

    1000 Program Overview: Adult Protective Services (APS)

    1100 APS Purpose and Objectives

    1200 Adult Protective Services Clients' Rights

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

    1211 Documentation for LEP or Sensory or Speaking Impairments

    1220 Cultural Sensitivity

    1221 Procedure for Delivering Protective Services in a Culturally Competent Manner

    1300 Scope and Eligibility

    1310 APS Eligibility Criteria

    1311 Substantial Impairment

    1311.1 Disability Payments and APS Eligibility

    1311.2 Chronic Substance Abuse and APS Eligibility

    1311.3 Examples of What Is and Is Not Considered Substantial Impairment

    1320 Procedure for Determining APS Eligibility

    1330 Perpetrators of Abuse, Neglect, and Financial Exploitation

    1331 Perpetrators of Abuse and Financial Exploitation

    1331.1 Procedure for Establishing Perpetrators of Abuse and Financial Exploitation

    1331.2 Examples of Ongoing Relationship

    1331.3 Examples of What Is Not an Ongoing Relationship

    1332 Perpetrators of Neglect

    1332.1 Procedure for Establishing Perpetrators of Neglect

    1332.2 Examples of Caretaker and Paid Caretaker Relationships

    1332.3 Examples of What Is Not a Caretaker or Paid Caretaker Relationship

    1333 Children as Perpetrators

    1340 Allegations That APS Investigates

    1341 Procedure for Assessing Allegations

    1342 Neglect Allegations

    1342.1 Procedure for Assessing Physical Neglect (PHNG) Allegations

    1342.2 Procedure for Assessing Mental Health Neglect Allegations (MHNG)

    1342.3 Procedure for Assessing Medical Neglect (MDNG) Allegations

    1343 Emotional or Verbal Abuse (EMAB) Allegations

    1343.1 Procedure for Assessing Emotional or Verbal Abuse (EMAB) Allegations

    1344 Physical Abuse (PHAB) Allegations

    1344.1 Procedure for Assessing Physical Abuse (PHAB) Allegations

    1345 Sexual Abuse (SXAB) Allegations

    1345.1 Procedure for Assessing Sexual Abuse (SXAB) Allegations

    1346 Financial Exploitation (EXPL) Allegations

    1346.1 Procedure for Assessing Financial Exploitation (EXPL) Allegations

    1346.11 Assessing Financial Exploitation Allegations Involving Loans

    1350 Family Violence Allegations

    1351 Procedure for Assessing Family Violence Allegations

    1352 The Texas Address Confidentiality Program (ACP)

    1353 Procedure When an Alleged Victim’s Address Is Made Confidential Through the ACP

    1354 Documenting a Confidential Address in IMPACT and Marking the Case as Sensitive

    1354.1 Documenting a Nonconfidential Substitute Address

    1360 Death Allegations

    1361 Procedure for Death Allegations

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

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

    1380 Need for Consent to Medical Treatment Allegations

    1381 Procedure for Need for Consent to Medical Treatment Allegations

    1390 Allegations Involving Chronic Callers

    1391 Criteria for Establishing a Pattern for Chronic Callers

    1392 Notifying Statewide Intake (SWI) About Chronic Callers

    1393 Procedures for Tracking the Chronic Caller List

    1394 Procedures for Removing an Individual From the Chronic Caller List

    1400 Allegations Involving Other DFPS Programs

    1410 Procedure for Assessing Allegations Involving Other DFPS Programs

    1420 Assessing Residential Child Care Facility Allegations

    1421 Procedure for Assessing Residential Child Care Facility Allegations

    1430 Assessing Allegations in Settings Investigated by HHSC Regulatory Services Division Provider Investigations

    1500 Allegations in Facilities Investigated by Texas State Agencies Other Than DFPS

    1510 Procedure for Allegations in Facilities Investigated by Texas State Agencies

    1520 Examples of Allegations in Facilities Regulated by Other Texas State Agencies

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

    1540 Allegations Involving HHSC Long-Term Care Regulatory Services

    1541 Allegations in Facilities Requiring Licensure by HHSC Long-Term Care Regulatory Services

    1541.1 Procedure for Assessing Allegations in Facilities Requiring Licensure by HHSC Long-Term Care Regulatory Services

    1541.2 Procedure for Determining Whether an Assisted Living Facility Is Licensed or Should Be Licensed by HHSC Long-Term Care Regulatory Services

    1541.21 Procedure for When a Facility's Licensure Status Is Unknown

    1541.3 Procedure for Emergency Situations Involving Facilities Requiring Licensure by HHSC Long-Term Care Regulatory Services

    1541.4 Procedure for Closure of Facilities Requiring Licensure by HHSC Long-Term Care Regulatory Services

    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

    1543 Allegations in Assisted Living Facilities

    1543.1 Procedure for Allegations in Assisted Living Facilities

    1550 Allegations Involving Schools

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

    1561 Allegations in Hospitals and Hospices

    1561.1 Procedure for Allegations in Hospitals

    1561.2 Examples of Ongoing Protective Services Following Hospital Discharge

    1561.3 Examples of Hospital Discharge Without a Need for Ongoing Protective Services

    1570 Allegations Occurring on Indian Reservations

    1571 Procedure for Allegations Involving Indian Nations

    1600 Allegation Priorities

    1610 Priority I Allegation: 24-Hour Face-to-Face

    1611 Procedure for Priority I Allegations

    1612 Examples of Priority I Allegations

    1620 Priority II Allegation: Three-Day Face-to-Face Contact

    1621 Procedure for Priority II Allegations

    1622 Examples of Priority II Allegations

    1630 Priority III Allegation: Seven-Day Face-to-Face Contact

    1631 Procedure for Priority III Allegations

    1632 Examples of Priority III Allegations

    1640 Priority IV Allegations: 14-Day Face-to-Face

    1641 Procedure for Priority IV Allegations

    1642 Examples of Priority IV Allegations

    1700 Case-Related Special Requests

    1710 Types of APS Case-Related Special Requests

    1720 Procedures for Handling CRSRs

    1730 Documenting the CRSR

    1740 Closing the CRSR

  • Section 2000: Investigations

    2000 Investigation Stage

    2100 Case Assignment

    2110 Statewide Intake (SWI) Case Assignment

    2111 Procedure for Statewide Intake (SWI) Case Assignment

    2120 Maintaining On-Call Information in IMPACT for Case Assignment

    2121 Procedure for On-Call Information in IMPACT for Case Assignment

    2130 Evaluating Investigations for Special Needs

    2131 Routing Coordinator Review for Special Needs Case Assignment

    2131.1 Procedure for Routing Coordinator Review for Special Needs Case Assignment

    2132 Supervisor Notification of Special Needs Case Assignment

    2132.1 Procedure for Supervisor Following Notification of Special Needs Case Assignment

    2133 Supervisor Review of Recidivistic Cases

    2133.1 Procedure for Supervisor Review of Recidivistic Cases

    2134 High Profile Cases

    2134.1 Procedure for High Profile Cases

    2140 Assigning Secondary APS Specialists

    2141 Procedure for Assigning Secondary APS Specialists

    2142 Documentation for Secondary APS Specialists

    2200 Case Initiation

    2210 Determining Appropriate Contacts for Case Initiation

    2211 Procedure for Case Initiation

    2212 Procedure When Initiation Cannot Be Completed in 24 Hours

    2213 Documentation of Case Initiation

    2214 Examples of Case Initiation Narrative Documentation

    2220 Changing Allegation Priorities

    2221 Procedure for Changing Allegation Priorities

    2222 Documentation for Changing Allegation Priorities

    2230 Situations Involving Current Danger Factors (Immediate Interventions)

    2231 Procedure for Situations Involving Current Danger Factors

    2232 Documentation of Situations Involving Current Danger Factors

    2233 Self-Neglect Resolved Before Initial Face-To-Face Contact

    2233.1 Procedure for Determining Self-Neglect Resolved Before Initial Face-to-Face Contact

    2233.2 Documentation for Self-Neglect Resolved Before Initial Face-To-Face Contact

    2240 Initial Face-to-Face Contact With the Alleged Victim

    2241 Procedure for Initial Face-to-Face Contact With the Alleged Victim

    2242 Documentation for Initial Face-to-Face Contact With the Alleged Victim

    2250 Alleged Victim Cannot Be Located for Initial Face-to-Face Contact

    2251 Procedure for When an Alleged Victim Is Not Located at Initial Face-to-Face Attempt

    2252 Alleged Victim Is Inaccessible or Unable to Communicate for Initial Face-to-Face Contact

    2253 Procedure for When the Alleged Victim Is Inaccessible for Initial Face-to-Face Contact

    2260 Alleged Victim Refuses to Cooperate With APS Investigation

    2261 Procedure When Alleged Victim Refuses to Cooperate With APS Investigation

    2261.1 Procedure for Choosing a Disposition When an Alleged Victim Has Refused to Cooperate With the APS Investigation

    2262 Documentation for Alleged Victim Refuses to Cooperate With APS Investigation

    2270 Referring Cases to Law Enforcement

    2271 Procedure for Referrals to Law Enforcement

    2300 Evidence Collection

    2310 Procedure for Evidence Collection

    2320 Types of Evidence Collected

    2330 Testimonial Evidence (Interviewing)

    2331 Documentation of Persons Associated With the Case

    2332 Documentation of Information About Principals

    2332.1 Privacy Rights Regarding the Social Security Number

    2333 Documentation of Investigation Contacts

    2334 Written Statements

    2334.1 Procedures for Written Statements

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

    2340 Conducting Interviews

    2341 Interviewing Alleged Victims

    2341.1 Procedures for Interviewing Alleged Victims

    2341.11 Denial or Revocation of Permission to Enter

    2341.12 Transporting an Alleged Victim for an Interview

    2341.13 Conducting the Interview with the Alleged Victim

    2342 Interviewing Alleged Perpetrators

    2342.1 Procedure for Interviewing the Alleged Perpetrator

    2342.2 Procedure for Not Interviewing the Alleged Perpetrator

    2342.3 Procedure for Determining Disposition of Allegations Without the Alleged Perpetrator

    2343 Interviewing Collaterals

    2343.1 Procedure for Interviewing Collaterals

    2344 Interviewing the Reporter

    2344.1 Procedure for Interviewing the Reporter With Firsthand Knowledge

    2344.12 Procedure for Interviewing a Reporter Without Firsthand Knowledge

    2344.2 Documentation for Interviews With the Reporter

    2345 Interviewing Medical or Mental Health Staff

    2345.1 Procedure for Interviewing Medical or Mental Health Staff

    2346 Interviewing Law Enforcement

    2346.1 Procedure for Interviewing Law Enforcement

    2346.2 Documentation for Interviews With Law Enforcement

    2347 Interviewing Minors

    2347.1 Procedure for Interviewing Minors Without Prior Consent

    2347.2 Procedure for Seeking Consent Before Interviewing a Minor

    2347.3 Procedure for Interviewing Minors at School

    2350 Photographic Evidence

    2351 Procedure for Taking Photographs

    2351.1 Sensitive Photography

    2351.2 Photographing Living Environments

    2352 Documentation for Photographs

    2360 Collecting Documentary Evidence

    2361 Types of Documentary Evidence

    2361.1 Documentation for Documentary Evidence

    2362 Collecting Demonstrative Evidence

    2362.1 Types of Demonstrative Evidence

    2362.2 Procedure for Collecting Demonstrative Evidence

    2362.3 Documentation for Demonstrative Evidence

    2363 Diagrams as Evidence

    2363.1 Procedure for Diagrams as Evidence

    2363.2 Documentation for Drawings and Diagrams for Evidence

    2370 Physical Evidence

    2371 Examples of Physical Evidence

    2372 Physical Evidence Procedure

    2373 Documentation for Physical Evidence

    2380 Record Checks

    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 HHSC Guardianship Services

    2381.6 Procedure for Obtaining Criminal History Information

    2381.7 Using Criminal History Information to Reach a Finding

    2382 DFPS Principal Case History

    2382.1 Procedure for Using DFPS Principal Case History to Assess Alleged Victims

    2400 Assessment Tools

    2410 Safety Assessment

    2411 Procedure for Completing the Safety Assessment

    2412 Documentation for the Safety Assessment

    2420 Assessing Indicators of a Lack of Capacity to Consent When a Client Refuses or Withdraws From Protective Services During the Investigation

    2421 Procedure for Assessing Indicators of a Lack of Capacity to Consent When the Client Refuses or Withdraws From Protective Services

    2421.1 Procedure When the Alleged Victim Refuses Protective Services

    2421.2 Procedure for When a Client Withdraws From Protective Services

    2421.3 Documentation for When a Client Refuses or Withdraws from Protective Services

    2422 Procedure for Seeking Medical or Mental Health Evaluations

    2423 Documentation for Seeking Medical or Mental Health Evaluations

    2430 Undue Influence

    2431 Procedure for Undue Influence

    2440 Remedying Fiduciary Exploitation

    2441 Procedures for Determining Fiduciary Exploitation

    2442 Procedures for Remedying Fiduciary Exploitation

    2500 Monitoring Alleged Victim's Safety During Investigations

    2510 Safety Contacts

    2511 Procedure for Safety Contacts

    2511.1 Safety Contacts When the Alleged Victim Refuses to Cooperate

    2511.2 Safety Contacts When the Alleged Victim Cannot Be Located During the Investigation

    2511.3 Safety Contacts When the Alleged Victim Dies During the Investigation

    2512 Documentation of Safety Contacts

    2520 Supervisor Consultations

    2521 Procedure for Supervisor Consults

    2521.1 Documentation for Supervisor Consults

    2530 Subject Matter Expert (SME)

    2531 Procedure for SME Consults

    2531.1 Documentation for SME Consults

    2540 Additional Allegations Discovered and New Reports Received During the Investigation Stage

    2541 Procedure for New Intake Reports Received During the Investigation Stage

    2542 Procedure for New Allegations Discovered by the APS Specialist

    2550 Alleged Victim Moves or Cannot Be Located Before the Investigation Is Complete

    2551 Procedure for When an Alleged Victim Cannot Be Located During the Investigation

    2551.1 Procedure for Using DFPS Person Locator Services

    2552 Procedure When an Alleged Victim Moves Within Texas

    2553 Procedure Used When an Alleged Victim Moves Out of Texas

    2600 Complex Investigations

    2610 Community Involvement in Complex Investigations

    2611 Procedure for Working With Local Code Enforcement

    2612 Procedure for Working With Local Animal Control

    2613 Procedure for Working With the Texas Department of Public Safety

    2614 Procedure for Working With Children's Advocacy Centers (CACs)

    2615 Procedure for Working With the Forensic Assessment Center Network

    2620 Special Task Units

    2621 Procedure for Special Task Units

    2630 Investigations Involving Family Violence Reports

    2631 Examples of Indicators of Family Violence

    2632 Procedure for Family Violence Investigations

    2633 Documentation for Family Violence Investigations

    2634 Types of Criminal Offenses

    2640 Alleged Victim Dies During the Investigation

    2641 Notifying Office of the Inspector General When an Alleged Victim Dies

    2642 Procedure When Alleged Victim Dies Before the Initial Face-to-Face Is Completed

    2643 Procedure When Alleged Victim's Death is Related to Natural Causes, Accident, or Self-Neglect

    2643.1 Documentation of Death Due to Natural Causes or Accident

    2643.2 Documentation of Death Due to Self-Neglect

    2643.3 Procedure for Rapid Closure When Alleged Victim's Death is Related to Natural Causes, Accident, or Self-Neglect

    2643.31 Documentation of Rapid Closure When Death is Due to Natural Causes, Accident or Self-Neglect

    2644 Procedure When Alleged Perpetrator's Actions Did Not Contribute to Alleged Victim's Death

    2644.1 Documentation of Death When Alleged Perpetrator's Actions Did Not Contribute to Alleged Victim's Death

    2644.2 Procedure for Rapid Closure When the Alleged Perpetrator's Actions Did Not Contribute to Alleged Victim's Death

    2644.21 Documentation of Rapid Closure When Alleged Perpetrator's Actions Did Not Contribute to the Alleged Victim's Death

    2645 Procedure When Alleged Perpetrator Is EMR-Eligible

    2646 Procedure When Alleged Perpetrator's Actions May Have Contributed to the Alleged Victim's Death

    2646.1 Documentation When the Alleged Perpetrator's Actions May Have Contributed to the Alleged Victim's Death

    2647 Adult Fatality Review Team

    2647.1 Procedure for Referring a Case to the Adult Fatality Review Team

    2650 Investigations Involving Guardianship Wards

    2651 Financial Exploitation Allegations Involving a Guardian of the Estate

    2652 Alleged Perpetrator Role for Allegations of Neglect Involving Wards

    2652.1 Procedure for Determining Perpetrator Role for Allegations of Neglect Involving Wards

    2653 Gaining Access to the Ward During an Investigation

    2653.1 Procedure for Gaining Access to the Ward During an Investigation

    2660 Investigations Involving Other DFPS Programs

    2661 Procedure for Investigations in Residential Child Care Facilities

    2662 Procedure for Investigations Involving Persons Served by Mental Health and Intellectual Disabilities Programs

    2662.1 Circumstances That Require an HHSC Regulatory Services Division Provider Investigation

    2662.2 Circumstances That Require an APS In-Home Investigation

    2663 Procedure for Providing Emergency Protective Services During an HHSC Regulatory Services Division Provider Investigation in an HCS Program

    2670 Investigations Involving Certain Types of Facilities

    2671 Investigations Involving Schools

    2671.1 Procedure for Investigations Involving Schools

    2672 Investigations in Boarding Home Facilities

    2672.1 Procedure for Investigations Involving Boarding Home Facilities

    2673 Investigations Involving Residents of Nursing Homes

    2673.1 Procedure for Investigations of Allegations of Financial Exploitation of a Resident of a Nursing Home

    2680 Allegations Involving Paid Caretakers

    2681 Procedure for Allegations Involving Paid Caretakers

    2681.1 Alleged Victim Makes a Loan to a Paid Caretaker

    2700 Determination of Findings in an Investigation

    2710 Allegation Disposition

    2711 Procedure for Determining the Validity of the Allegation

    2711.1 Factors Weighed in Determining Neglect by a Caretaker or Paid Caretaker

    2711.2 Factors Weighed in Determining Self-Neglect

    2711.3 Factors Weighed in Determining Abuse

    2711.31 Factors Weighed in Determining Physical Abuse

    2711.32 Factors Weighed in Determining Sexual Abuse

    2711.33 Factors Weighed in Determining Emotional or Verbal Abuse

    2711.4 Factors Weighed in Determining Financial Exploitation

    2712 Procedure for Evaluating Credibility of the Evidence

    2713 Procedure for Determining Allegation Findings

    2714 Documentation of Conclusion Justification

    2715 Example of Conclusion Justification

    2800 Risk of Recidivism Assessment

    2810 Procedure for Completing the Risk of Recidivism Assessment (RORA)

    2811 Risk-Based Contact Standards

    2900 Investigation Closure

    2910 Procedure for Investigation Closure

    2920 Documentation When Closing the Investigation Stage

    2921 Investigation Closure Reason Codes

    2921.1 Rapid Closure Codes and Disposition of Other

    2921.11 Moved/Unable to Locate

    2921.12 Administrative Closure

    2921.13 Does Not Meet Definition of APS

    2921.14 Client Died

    2921.15 Duplicate Referral/Already Investigated

    2921.16 Reclassification

    2921.17 Other Agency or Out of State

    2921.2 Procedure for Supervisory Review of Investigation Stage Closure

  • Section 3000: Service Delivery

    3000 Service Delivery

    3100 Determining Eligibility, Addressing Financial Resources, and Incorporating Cultural Considerations

    3110 Determining Eligibility for Services

    3120 Achieving Goals

    3130 Providing Services Regardless of the Person's Financial Resources

    3140 Incorporating Cultural Competency in Service Delivery

    3200 APS Service Plan

    3210 Developing the APS Service Plan

    3211 Offering Least Restrictive Alternatives

    3212 Using Legal Alternatives

    3212.1 Documenting Legal Actions in the Service Plan

    3213 Making a Reasonable Effort

    3214 Documenting the APS Service Plan

    3214.1 Service Plan Actions, Action Results, and Outcomes

    3215 Documentation of Contacts During Service Delivery

    3220 Strengths and Needs Assessment

    3221 Procedure for Completing a Strengths and Needs Assessment (SNA)

    3230 Case Outcomes

    3240 Additional Allegations Discovered and New Reports Received During the Intensive Case Services Stage

    3241 New Intakes During the Intensive Case Services Stage

    3250 Service Plan Outcomes

    3260 Monitoring the Service Plan

    3261 Service Contacts

    3262 Procedures for Service Contacts

    3262.1 Service Contacts When the Client Withdraws From Services by Failing to Respond

    3262.2 Service Contacts When the Client Cannot Be Located During Service Delivery

    3262.3 Service Contact when Client Dies During Service Delivery

    3263 Documentation of Service Contacts

    3264 Supervisor Consultations

    3264.1 Procedure for Supervisor Consults

    3264.11 Documentation for Supervisor Consults

    3270 Client Withdraws From Services During Maintenance or ICS

    3271 Documenting the Client’s Withdrawal From Services

    3280 Case Closure During Service Delivery

    3281 Procedure for Case Closure During Service Delivery

    3282 Documentation When Closing a Case During Service Delivery

    3283 Service Delivery Closure Reason Codes

    3284 Supervisor Review of Case Closure

    3300 Maintenance Cases

    3310 Procedure for Maintenance Cases

    3311 Service Contacts in Cases Involving HHSC Office of Guardianship Services

    3320 Additional Allegations Discovered and New Reports Received Involving a Maintenance Case

    3321 Procedure for New Intake Reports Received During Maintenance Cases

    3400 Community Resources

    3410 IMPACT Community Resource Databases

    3411 Information and Referral (I&R) Network: 2-1-1 Texas

    3412 Medicare

    3413 Medicaid

    3414 STAR Medicaid Managed Care Program

    3420 Using Legal Resources

    3430 Community Resource Coordination Groups for Adults (CRCGAs)

    3440 Representative Payees and Money Management

    3450 Community-Based Long-Term Care

    3451 Service Planning and Community Based Long-Term Care

    3452 Accessing HHSC Long-Term Care Regulatory Services

    3453 When Services Are Not Available for HHSC Long-Term Care Regulatory Services

    3454 Resolution When a Client Rejects Alternative Services

    3455 Using Purchased Client Services (PCS) for Personal Attendant Care

    3500 Service Delivery in Complex Cases

    3510 Providing Services to APS Clients Who Are Victims of Family Violence

    3511 Procedure for Providing Family Violence Literature to APS Clients

    3512 Procedure for Developing a Family Violence Safety Plan

    3513 Documenting the Family Violence Safety Plan

    3520 Service Delivery to Noncitizens

    3521 Noncitizens and Use of PCS Funds

    3522 Noncitizen with a Permanent Resident Card or Other Appropriate Immigration Documents

    3523 Noncitizen Without Appropriate Immigration Documents

    3524 Change of Immigration Status

    3525 The Mexican Consulate and El Desarrollo Integral de la Familia (DIF)

    3526 Consulates of Countries Other Than Mexico

    3527 Transporting Clients Who Do Not Have Valid Immigration Documents

    3528 Crossing an International Border

    3530 Service Delivery From Other State Agencies to APS Clients With Intellectual Disabilities or Mental Health Diagnoses

    3531 Roles and Responsibilities of APS

    3540 Financial Exploitation and Medicaid Eligibility

    3541 Financial Exploitation of Income and Medicaid Eligibility

    3542 Financial Exploitation of Resources and Medicaid Eligibility

    3550 Facilitating Hospital and Nursing Home Admissions

    3551 APS Role in Completing Hospital and Nursing Home Admission Forms

    3552 Involuntary Hospital and Nursing Home Admissions

    3560 Managing the Affairs and Assets of Clients

    3561 Procedures for Managing the Affairs and Assets of Clients

    3570 Client Dies During Service Delivery

    3571 Procedure When a New Intake Is Received Before Client’s Death During Service Delivery

    3572 Procedure When a Death is Related to Natural Causes, an Accident, or Self-Neglect During Service Delivery

    3572.1 Documentation When a Client’s Death Results From Natural Causes, an Accident, or Self-Neglect

    3572.2 Documentation When a Client Dies From Self-Neglect

    3573 Client's Death May Involve Allegations Validated in the Investigation Stage

    3573.1 Documentation When a Client’s Death May Involve Allegations Validated During the Investigation Stage

    3573.2 Corrections to the Allegation Detail When Investigated Allegations Contribute to a Client’s Death During Service Delivery

    3574 Procedure When a Client's Death May Involve New Incidents of Allegations Investigated or Validated During the Investigation Stage

    3574.1 Documentation When a Client’s Death May Involve New Incidents of Allegations Investigated or Validated During the Investigation Stage

    3575 Client's Death Involves New Allegations of Abuse or Neglect by an Alleged Perpetrator

    3575.1 Documentation When a Client’s Death Involves New Allegations of Abuse or Neglect by an Alleged Perpetrator

    3600 Purchased Client Services

    3610 Methods of Purchased Client Services

    3611 State Term Contract Procurement Cards

    3611.1 State Term Contract Procurement Card Issuance Requirements

    3611.2 Procedures for Using State Term Contract Procurement Cards

    3611.3 Transaction Limits on Procurement Cards

    3611.4 Returns of Goods Purchased With a Procurement Card

    3611.5 Decline of a Procurement Card

    3611.6 Security for a Procurement Card

    3611.7 Fraudulent Use, Disputed Transactions, or Lost or Stolen Procurement Cards

    3611.8 Reconciling the Billing Statement for a State Term Contract Procurement Card

    3611.9 Documenting Purchases Made With a State Term Contract Procurement Card

    3612 Purchase Order for Placement Services

    3612.1 Placement Procedures

    3612.2 Determining the Rate for a POPS

    3612.3 Documentation Requirements for POPS

    3612.4 Documentation Requirements for Subsequent 60-Day Placements

    3620 Contracts

    3621 Claims Processing

    3621.1 Procedure for Claims Processing

    3630 Restrictions Involving Purchased Client Services

    3631 Assessing the Need for Purchased Client Services

    3632 Client's Budget and Financial Resources

    3640 Developing a Service Plan When Using Purchased Client Services

    3641 Client's Participation in Service Planning

    3650 Procedure for Obtaining Approval for Purchased Client Services

    3651 Documenting Approvals for Purchased Client Services

    3660 Verbal Authorization of Purchased Client Services

    3670 APS Service Authorization

    3671 Modifying the Initial Service Authorization

    3680 Monitoring Purchased Client Services

    3690 Specific Purchases

    3691 Providing Emergency Protective Services in Home- and Community-based Services (HCS) Programs

    3692 Storage Unit Fees

    3692.1 Procedure for Payment of Storage Unit Fees

    3693 Applied Income Payment in Nursing Facility

    3693.1 Procedure for Payment of Applied Income

    3694 Obtaining an Emergency Medical or Mental Health Assessment

    3695 Care of an APS Client's Pet

    3696 Travel Purchases

    3696.1 Procedure for Travel Purchases

    3696.2 Documentation Requirements for Travel Purchases

    3700 Consignment Agreements

    3710 Definition of Consignment Agreements

    3720 Procedures for Consignment Agreements

    3730 Determining Rate for Goods or Services Purchased Using a Consignment Agreement

    3740 Responsibilities of Regional Management and Contract Staff

    3750 Documentation Requirements for Goods or Services Purchased Using a Consignment Agreement

  • Section 4000: Legal Actions

    4000 Legal Actions

    4100 Legal Representation

    4110 Court Costs and Filing Fees

    4111 Filing Fees for Eviction of Alleged Perpetrator

    4120 General Procedures for Initiating Legal Actions

    4130 Documentation of Legal Actions

    4131 Documentation of the Guardianship Detail Page

    4140 Consultation With Regional Attorneys

    4150 Completion of Legal Forms by the APS Specialist

    4151 Procedures for Completion of Legal Forms

    4152 APS Legal Forms Online

    4200 Court-Authorized Entry

    4210 Procedures for Seeking an Order for Court-Authorized Entry

    4300 Access to Records

    4310 Procedures for Seeking Legal Action to Access Records

    4400 Interference With Investigation or Protective Services

    4410 Procedures for Seeking Legal Action to Prevent Interference

    4500 Emergency Order for Protective Services (EOPS)

    4510 Procedures for Requesting an Emergency Order for Protective Services

    4511 Completing a Motion for EOPS

    4512 Pre-Removal Medical Assessment Report

    4513 Procedures When a Physician Is Not Available

    4514 Filing a Motion for EOPS Without a Physician's or Other Professional's Report

    4515 Post-Removal Physician's Statement

    4516 Court Proceedings for 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

    4600 Types of Legal Documents an APS Specialist May Encounter

    4610 Financial Documents

    4620 Health-Care Directives

    4621 Directive to Physicians (Living Will)

    4622 Medical Power of Attorney

    4630 Surrogate Decisions in Hospitals or Nursing Homes

    4640 Surrogate Decisions in Licensed ICF-IID Facilities

    4700 Guardianship

    4710 Guardian of the Person and / or Estate

    4720 Temporary and Permanent Guardianships

    4730 Order of Preference for Appointment of Guardian

    4731 Disqualifications of Guardians

    4732 Background Checks and Guardianship

    4732.1 Criminal History Checks

    4732.2 IMPACT Background Checks

    4732.21 Procedure for IMPACT Background Checks

    4733 Attendance at Guardianship Hearings

    4740 How Guardianships Are Initiated

    4750 Relative or Other Person as Guardian

    4751 Procedure for Assisting Individuals With Guardianship

    4752 Documentation for Assisting Individuals With Guardianship

    4780 Referrals to HHSC Office of Guardianship Services

    4781 Minimum Information for HHSC Office of Guardianship Referrals

    4782 Standard Referrals to HHSC Office of Guardianship Services

    4782.1 Procedure for Assessing Appropriateness of Standard Referrals to HHSC Office of Guardianship Services

    4782.2 Procedure for Staffing and Completing a Standard Referral to HHSC Office of Guardianship Services

    4782.3 Procedure for Case Management After Standard Referral Form Is Submitted to HHSC Office of Guardianship Services

    4782.4 Documenting the APS Guardianship Referral Form for Standard Referrals

    4783 Emergency Referrals to HHSC Office of Guardianship Services

    4783.1 Procedure for Emergency Referrals to HHSC Office of Guardianship Services During an Emergency Order for Protective Services (EOPS)

    4783.2 Procedure for Staffing and Completing Emergency Referrals During an EOPS

    4783.3 Procedure for Emergency Referrals to HHSC Office of Guardianship Services to Protect Client Assets

    4783.4 Procedure for Case Management After Emergency Referral Form Is Submitted to HHSC Office of Guardianship Services

    4783.5 Documenting the APS Guardianship Referral Form for Emergency Referrals

    4784 Joint Staffing Process for Referrals to HHSC Office of Guardianship Services

    4784.1 Procedure for Joint Staffing Process for Referrals to HHSC Office of Guardianship Services

    4784.2 Review of the Decision by the Guardianship Review Committee (GRC)

    4785 General Issues Regarding HHSC Office of Guardianship Services Referrals

    4800 Mental Health Commitment

    4810 Emergency Detention

    4811 Emergency Detention for an APS Client

    4812 Documentation for Emergency Detentions

    4820 Temporary Court-Ordered Mental Health Services

    4830 Voluntary Admission to a Mental Health Facility

    4900 Family Violence Protective Orders Against a Perpetrator

    4910 APS Specialist Role in Assisting a Client With a Protective Order

    4920 Protective Order Application Filed by DFPS

    4930 Procedure for Protective Order Application Filed by DFPS

    4940 Documentation for Protective Orders Filed by DFPS

     

  • Section 5000: Confidentiality and Integrity of Records and Review and Hearing Processes

    5000 Confidentiality and Integrity of Records and Review and Hearing Processes

    5100 Confidentiality, Disclosure, and Release of Case Information

    5110 Providing the Case Record

    5111 People and Entities Entitled to the Case Record

    5111.1 Procedure for Obtaining APS Case Records

    5111.2 Release of APS Case Records to Facilities or Providers Under HHSC Regulatory Services Division Provider Investigations Jurisdiction

    5112 Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys

    5112.1 Procedure for Release of Case Records to Law Enforcement

    5120 Providing Case Information

    5121 Confidentiality of the Reporter

    5122 Disclosure of Case Information to the Reporter and Others

    5123 Disclosure of Case Information to Other Entities to Help Clients Obtain Services

    5124 Disclosure of Case Information to Prospective Guardians

    5125 Confidentiality of People Who Are HIV-Positive or Have AIDS

    5126 Disclosure of Criminal History Information

    5126.1 Procedure for Disclosure of Criminal History Information

    5126.11 Penalty for Unauthorized Disclosure of Criminal History Information

    5130 Disclosure of Case Information in Connection With a Court Action

    5131 Subpoenas

    5132 Notifying a Probate Court About an Investigation Involving Guardianship

    5132.1 Notifying the Probate Court When HHSC OGS Is Guardian or Has Pending Guardianship

    5132.2 Notifying the Probate Court When the Alleged Perpetrator Has a Guardian

    5132.3 Notifying the Probate Court When Financial Exploitation Allegations Involve a Guardian of the Estate

    5132.4 Notifying the Probate Court About Cases Involving an Administrative Desk Review

    5140 Providing Information to HHSC on Adult Foster Care Provider Applicants or Staff of an HCSSA

    5141 Release of Information on Adult Foster Care Provider Applicants (HHSC Form 2357, DFPS Records Check)

    5150 Release of Case Information to Entities Responsible for Protecting Clients

    5160 Release of Information to State Supported Living Centers (SSLC)

    5161 Procedure for Release of Information to State Supported Living Centers (SSLC)

    5200 Content and Maintenance of APS Case Records

    5210 Content of Record

    5211 Electronic Case File

    5212 External Case File

    5220 Maintenance of Record

    5221 Testimonial Evidence and External Case Notes

    5222 External Documentation Page

    5223 Records Retention

    5230 Merging and Relating Persons

    5231 Person Identification (ID) Number

    5232 Automated Person Merge

    5233 Manual Person Merge

    5234 Person Relate

    5235 Manual Person Split

    5240 Case Merge

    5241 When to Merge Cases

    5241.1 Merge Only Open Cases in the Same Stage

    5241.2 Close Duplicate Reports Without Merging Cases

    5242 Case Merge Checklist

    5250 Storage of External Case Files

    5260 Destruction of APS Case Records

    5300 Desk Review for Designated Perpetrators

    5310 Designated Perpetrators Ineligible for a Desk Review

    5320 Notifying the Designated Perpetrator About Findings and Eligibility for a Desk Review

    5321 Timely Request for a Desk Review

    5330 Procedure for Conducting a Desk Review

    5331 Time Frame for Conducting the Desk Review

    5332 Notification of Delay of the Desk Review

    5333 Documenting the Desk Review

    5334 Closing a Case in Service Delivery Following a Desk Review

    5335 Notification of Results of the Desk Review for Designated Perpetrators

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

    5400 Due Process

    5410 Employee Misconduct Registry (EMR)

    5411 EMR Eligibility

    5411.1 EMR Eligible Employee

    5411.2 Definition of Reportable Conduct

    5411.3 Definition of Harm

    5412 Procedures for EMR Eligible Investigations

    5412.1 Required Information for EMR Eligible Investigations

    5412.2 Entering the Valid-Reportable Conduct Finding in IMPACT

    5412.21 Documenting the EMR Investigation Conclusion

    5412.3 Managerial Review of EMR Eligible Investigations

    5413 Internal APS EMR Database

    5414 Responsibilities of the EMR Coordinator

    5415 Notifications and Request for EMR Hearing

    5415.1 Notice of Findings to Subsequent Employers Before the EMR Hearing

    5415.2 Notice of Hearing to the Employee (Designated Perpetrator)

    5415.3 Request for Hearing by the Employee

    5415.31 Late Request

    5416 EMR Hearing Process

    5416.1 Rescheduling a Hearing

    5416.2 Withdrawing a Request for a Hearing

    5416.3 Failure to Appear for a Hearing

    5416.4 Decision of Administrative Law Judge (ALJ)

    5416.5 Request for Judicial Review by the Employee

    5416.6 Providing Notice if a Finding Is Modified or Reversed

    5416.7 Information Forwarded to HHSC for Recording in the Employee Misconduct Registry

    5420 Due Process for Non-EMR (Employee Misconduct Registry) Cases

    5421 Emergency Release of Findings in Non-EMR Cases

    5422 Notice of Emergency Release of Findings to the Designated Perpetrator

    5423 Sending Notice of Intent to Release in Non-EMR Cases

    5424 Administrative Review in Non-EMR Cases

    5424.1 Requesting an Administrative Review in Non-EMR Cases

    5424.11 Request for Records for an Administrative Review in Non-EMR Cases

    5424.2 Conducting an Administrative Review in Non-EMR Cases

    5425 Release Hearings for Non-EMR Cases

    5425.1 Requesting a Release Hearing in Non-EMR Cases

    5425.2 Conducting a Release Hearing and Subsequent Activities in Non-EMR Cases

    5426 Notification and Release of Findings After Non-EMR Due Process

    5426.1 Notification of Decision in Non-EMR Cases

    5426.2 Release of Findings in Non-EMR Cases

    5426.21 Release of Findings on Investigations of HCSSA Staff and Foster Home Providers and Employees

    5426.3 Release of Findings to Professional Licensing Boards and Other Agencies

    5430 Due Process for Client Protection

    5431 Sending Notice of Intent to Release in Client Protection Cases

    5432 Administrative Review in Client Protection Cases

    5432.1 Procedure for Administrative Review in Client Protection Cases

    5433 Conducting Release Hearings for Client Protection Cases

    5433.1 Receipt or Non-Receipt of Request for a Release Hearing in Client Protection Cases

    5433.2 Release Hearing and Subsequent Activities in Client Protection Cases

    5434 Notification and Release of Findings in Client Protection Cases

    5434.1 Notification of Decision in Client Protection Cases

    5434.2 Release of Findings in Client Protection Cases

    5434.3 Emergency Release of Findings in Client Protection Cases

    5434.31 Notice of Emergency Release of Findings to the Designated Perpetrator in Client Protection Cases

    5440 Cases Involving School Personnel

    5441 Processing the Completed School Investigation

    5442 Procedure for Processing the Completed School Investigation

    5443 Timely Request for an Administrative Review in School Personnel Cases

    5443.1 Request for Records for an Administrative Review in School Personnel Cases

    5444 Administrative Review in School Personnel Cases

    5444.1 Procedure for Administrative Review in School Personnel Cases

    5445 Notification of Final Findings for School Personnel

  • APS In-Home Appendices

    Appendix I: Health Care Directives

    Appendix II: Facilities and Jurisdictions

    Appendix III: APS Decision-Making Tree

    Appendix IV: Definitions Related to Guardianship Cases

    Appendix V: Guardianship Memorandum of Understanding

    Appendix VI: Non-Appropriated Funds Policy

    Appendix VIII: Definitions of Person Characteristics

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

    Appendix XI: Procedures for Accessing Long-Term Care Benefits and Resources Based on Citizenship Status

    Appendix XV: Death Policy Decision-Making Tree

    Appendix XVII: Assessments Policy and Procedures Overview

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