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1200 Adult Protective Services Clients' Rights

APS IH / May 2007

Chapter 48, Title 2, Texas Human Resources Code (HRC), grants specific rights to Adult Protective Services (APS) clients.

APS clients have a right to:

  •   refuse protective services unless abuse or neglect presents a threat to life and there is a lack of the capacity to consent to protective services;

  •   participate in and to be consulted about all decisions concerning their welfare, if able to do so;

  •   select the least restrictive of the alternatives available for meeting their needs;

  •   refuse medical treatment, even if determined to lack the capacity to consent to protective services, if the medical services conflict with their religious beliefs and practices; and

  •   have court-appointed attorneys ad litem to represent their interests at any Emergency Order for Protective Services proceedings.

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

APS IH / May 2014

DFPS’s Language Services policy regarding interpreter services for principals in need of communication assistance is located in the DFPS operating policies. This includes agency policy and state and federal guidelines that direct the actions of the APS specialist when an alleged victim has:

  •  limited English proficiency (LEP);

  •  impaired sensory ability; or

  •  impaired speaking ability.

DFPS staff follow the policies and procedures outlined in the DFPS Operating Policies, in the program handbooks, and on the DFPS Language Services Guide.

APS ensures principals with LEP or sensory or speaking impairments understand all significant APS actions at each of the following stages of protective services, if applicable:

  •  Investigation

  •  Case planning and service delivery, including use of purchased client services

  •  Judicial proceedings (where accommodations are not provide by the courts)

  •  Temporary and permanent placements

Principals have the right to interpreter services, regardless of the circumstances of the case. However, interpreter services are not a direct client service and are not paid for using Purchased Client Services (PCS) funds. APS Contracts does not contract for these services, or process payment. For additional information regarding interpreter services, see the DFPS Language Services Guide on the DFPS intranet.

1211 Documentation for LEP or Sensory or Speaking Impairments

APS IH / October 2013

The APS specialist documents a principal’s LEP or sensory or speaking impairments on the Person Characteristics section of the Person Detail page.

The APS specialist documents reasonable efforts to provide accommodations for LEP or sensory or speaking impairments in the LEP/Sensory Impairment section of the APS Investigation Conclusion page.

The APS specialist indicates the:

  •   principal’s preferred language or method of communication;

  •   information regarding the use of a translator;

  •   APS specialist’s fluency in the principal’s preferred language if no translator is used; and

  •   other efforts to provide accommodations.

If the APS specialist was able to communicate with a principal who has a hearing impairment without any accommodations, then documentation of a communication accommodation on the Investigation Conclusion page in IMPACT is not required. The following actions are not considered accommodations:

  •   The APS specialist raising his or her voice

  •   The APS specialist sitting closer to the principal

  •   The principal adjusting the volume of his or her hearing aid

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