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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
1211 Documentation for LEP or Sensory or Speaking Impairments
1221 Procedure for Delivering Protective Services in a Culturally Competent Manner
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
1332.1 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
1340 Allegations That APS Investigates
1341 Procedure for Assessing 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
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
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
1541.21 Procedure for When a Facility's Licensure Status Is Unknown
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
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
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Section 2000: Investigations
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
2134.1 Procedure for High Profile Cases
2140 Assigning Secondary APS Specialists
2141 Procedure for Assigning Secondary APS Specialists
2142 Documentation for Secondary APS Specialists
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
2262 Documentation for Alleged Victim Refuses to Cooperate With APS Investigation
2270 Referring Cases to Law Enforcement
2271 Procedure for Referrals to Law Enforcement
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
2334.1 Procedures for Written Statements
2334.2 Ensuring the Integrity and Security of Documents Obtained Using the Tablet PC
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
2343.1 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
2347.1 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
2351 Procedure for Taking Photographs
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
2363.1 Procedure for Diagrams as Evidence
2363.2 Documentation for Drawings and Diagrams for Evidence
2371 Examples of Physical Evidence
2372 Physical Evidence Procedure
2373 Documentation for Physical 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 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
2411 Procedure for Completing the Safety Assessment
2412 Documentation for the Safety Assessment
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
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
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
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
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
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
2643.31 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
2645 Procedure When Alleged Perpetrator Is EMR-Eligible
2646 Procedure When 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
2662.1 Circumstances That Require an HHSC Regulatory Services Division Provider Investigation
2662.2 Circumstances That Require an APS In-Home Investigation
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
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
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
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
2921.15 Duplicate Referral/Already Investigated
2921.17 Other Agency or Out of State
2921.2 Procedure for Supervisory Review of Investigation Stage Closure
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Section 3000: Service Delivery
3110 Determining Eligibility for Services
3130 Providing Services Regardless of the Person's Financial Resources
3140 Incorporating Cultural Competency in Service Delivery
3210 Developing the APS Service Plan
3211 Offering Least Restrictive 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)
3241 New Intakes During the Intensive Case Services Stage
3260 Monitoring the Service Plan
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
3264.1 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
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
3410 IMPACT Community Resource Databases
3411 Information and Referral (I&R) Network: 2-1-1 Texas
3414 STAR Medicaid Managed Care Program
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
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
3572.1 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
3575 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
3612.2 Determining the Rate for a POPS
3612.3 Documentation Requirements for POPS
3612.4 Documentation Requirements for Subsequent 60-Day Placements
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
3691 Providing Emergency Protective Services in Home- and Community-based Services (HCS) Programs
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
3696.1 Procedure for Travel Purchases
3696.2 Documentation Requirements for Travel Purchases
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
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Section 4000: Legal Actions
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
4210 Procedures for Seeking an Order for Court-Authorized Entry
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
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
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
4782.4 Documenting the APS Guardianship Referral Form for Standard Referrals
4783 Emergency Referrals to HHSC Office of Guardianship Services
4783.2 Procedure for Staffing and Completing Emergency Referrals During an EOPS
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
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
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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
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
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
5132.4 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
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
5221 Testimonial Evidence and External Case Notes
5222 External Documentation Page
5230 Merging and Relating Persons
5231 Person Identification (ID) Number
5241.1 Merge Only Open Cases in the Same Stage
5241.2 Close Duplicate Reports Without Merging Cases
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)
5410 Employee Misconduct Registry (EMR)
5411.2 Definition of Reportable Conduct
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
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
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
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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