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3000 Service Delivery

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

3110 Determining Eligibility for Services

APS IH September 2014

Protective services may be provided by DFPS to a person:

  •   who is age 65 or older or is an adult with a disability; and

  •   who has been determined (validated during an investigation) to be in a state of abuse, neglect, or financial exploitation.

Per Human Resources Code §48.002(a)(5) and §48.204, if APS determines protective services are necessary to alleviate or prevent the client from returning to a state of abuse, neglect or financial exploitation, APS may also furnish services to:

  •   a family member; or

  •   a caretaker.

These services may include social casework, case management, and arranging for psychiatric and health evaluation, home care, day care, social services, health care, respite services, and other services. The term protective services does not include conducting an investigation regarding alleged abuse, neglect, or financial exploitation of a person age 65 or older or an adult with a disability. These services are provided or arranged by an APS specialist.

Example of Using Purchased Client Services (PCS) for the Client’s Family Member or Caretaker

Situation

Use of PCS

The APS client is a man age 65 or older who is unable to perform any of his activities of daily living (ADLs) and has mild dementia.

His four adult children constantly argue about what is best for their father. The siblings disagree whether the client should:

  •   participate in a senior day care program; or

  •   live in a nursing home.

The siblings also disagree about who has the authority to make decisions on their father’s behalf.

The siblings try to prevent each other from seeing their father. This has caused the father to become upset and depressed.

The APS specialist may use PCS funds to pay for the services of a family counselor or a professional mediator to work with the family to develop a plan that best serves the client’s needs.

The client is a young woman with a physical disability that prevents her from performing any of her ADLs. The client’s only caretaker is her mother.

The client’s physical therapist is concerned that the mother is experiencing caretaker burnout based on observations of the mother when she brings her daughter in for treatments. He has noticed that:

  •   the client isn’t as clean and well-dressed as she used to be; and

  •   the mother speaks in a sharp tone to her daughter. This is a behavior he has never observed until lately.

The APS specialist may use PCS funds to arrange for the mother to receive temporary assistance (for example, respite) and individual counseling.

Protective services may be delivered in every stage, including during:

  •   the Investigation stage to address short-term needs;

  •   the Maintenance stage to stabilize a low-risk situation; or

  •   the Intensive Case Services stage to address the more complex root causes of a client’s abuse, neglect, or financial exploitation.

APS may furnish protective services to a person who is age 65 or older or is an adult with a disability:

  •   with the person’s consent; or

  •   without the person’s consent, if the person lacks the capacity to consent and meets conditions in Human Resources Code §48.208.

See also:

1310 APS Eligibility Criteria

1311 Substantial Impairment

2260 Alleged Victim Refuses to Cooperate With APS Investigation

3631 Assessing the Need for Purchased Client Services

3660 Verbal Authorization of Purchased Client Services

Human Resources Code §48.002(a)(5)

Human Resources Code §48.204

3120 Achieving Goals

APS IH September 2014

The goal of service delivery is to alleviate current and future risk of abuse, neglect, or financial exploitation. The APS specialist completes the Safety Assessment, Risk of Recidivism Assessment, and Strengths and Needs Assessment to promote client safety, identify client strengths and needs, and reduce current and future harm to the client.

Measures the APS specialist may take to achieve these goals include:

  •   offering actions or services, or both, to resolve identified problems;

  •   locating and coordinating community resources;

  •   evaluating the effectiveness of provided services;

  •   modifying services as the client’s situation changes;

  •   pursuing necessary legal intervention;

  •   providing temporary emergency services; and

  •   deciding when all necessary protective services have been provided and the client’s case is stable enough to warrant case closure.

See 3281 Procedures for Case Closure During Service Delivery.

3130 Providing Services Regardless of the Person’s Financial Resources

APS IH / September 2011

Protective services are provided without regard to:

  •   the client’s income; or

  •   resources.

However, in compliance with laws and to maximize the use of purchased client services (PCS) funds, the APS specialist assesses whether the client has resources to pay for the identified services without PCS financial assistance. PCS is also known as emergency client services (ECS) because of the nature and use of the funds. PCS funds are to be used for the protection of life and safety of the APS client in compliance with state and federal law.

The APS specialist works with the client and the family member or caretaker to ensure that the services provided will alleviate the abuse, neglect or financial exploitation of the client. Although services provided to a caretaker or family member do not require a review of the financial circumstances, it is important for everyone involved to understand the services are time-limited.

See also:

1310 APS Eligibility Criteria

3110 Determining Eligibility for Protective Services

3631 Assessing the Need for Purchased Client Services

3660 Verbal Authorization of Purchased Client Services

40 Texas Administrative Code §705.2915

3140 Incorporating Cultural Competency in Service Delivery

APS IH June 2009

The APS specialist develops service plans in a culturally competent manner. The specialist:

  •   adapts the planning process to meet the client’s needs within his or her cultural context; and

  •   accepts differences and uses positive cultural strengths in the service planning process.

See also 1221 Procedure for Delivering Protective Services in a Culturally Competent Manner.

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