Abuse
The negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain by a caretaker, family member, or other individual with whom the client has an ongoing relationship.
Adult with a Disability
A person aged 18 or older or an emancipated minor, with a physical, mental, or developmental disability that substantially impairs the person’s ability to adequately provide for his or her own care of protection.
40 Texas Administrative Code §705.101 (3)
Allegation
An assertion that a client is in a state of or at risk of harm due to abuse, neglect, or financial exploitation.
Alleged Perpetrator
A person who is reported to be responsible for the abuse, neglect, or financial exploitation of a client. In the case of neglect, the perpetrator may also be the victim himself or herself. This is called “self-neglect”.
APS
Adult Protective Services, a division of DFPS.
Capacity to Consent to Protective Services
Having the mental and physical ability to understand the services offered and to accept or reject those services, knowing the consequences of the decision.
Caretaker
A caretaker is any of the following:
- A guardian, representative payee, or other person who, by act, words, or course of conduct, would cause a reasonable person to conclude that he or she has accepted the responsibility for protection, food, shelter, or care for a client.
- An employee of a home and community support services agency (HCSSA) who provides non-Medicaid services to a client.
- A person, including a family member, privately hired and receiving monetary compensation to provide personal care services to a client.
Note: As of September 1, 2023, HCSSA employees providing non-Medicaid services to a client are no longer defined as caretakers. Investigations involving these individuals transitioned to the Texas Health and Human Services Commission (HHSC).
Client
An adult with a disability or an adult age 65 or older who has been either of the following:
- Reported to APS to be in a state of or at risk of harm due to abuse, neglect, or financial exploitation.
- Determined by a validated finding to need protective services.
Confidentiality
Client records are not open to public inspection.
Court-Authorized Entry
To carry out an investigation of reported abuse, neglect, or financial exploitation, the court may authorize the department to enter the premises of a client
Designated Perpetrator
An alleged perpetrator who has been determined in a validated finding to have abused, neglected or financially exploited a designated victim.
Developmental Disability
A severe, chronic disability of an individual that:
- results from an intellectual and/or physical impairment;
- begins before age 22;
- is likely to be life-long;
- results in major limitations in three or more areas of everyday functioning (self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency); and
- reflects the individual’s need for special services that are individually planned and coordinated.
Emancipated Minor
A person under 18 years of age who has the power and capacity of an adult. This includes a minor who has had the disabilities of minority removed by a court of law or a minor who, with or without parental consent, has been married. (Marriage includes common-law marriage).
Emotional or Verbal Abuse
When an alleged perpetrator is caretaker, family member, or other person with an ongoing relationship to the client, emotional or verbal abuse is any act or use of verbal or other communications, including intimidation, that causes physical or emotional harm or pain. This includes any act or communication that would cause a reasonable person in a similar situation physical or emotional harm or pain.
False Reports
A person commits an offense if the person knowingly or intentionally reports information that the person knows is false or lacks factual foundation. Such an offense is a Class A misdemeanor.
Financial Exploitation
When an alleged perpetrator is a caretaker, family member, or other individual who has an ongoing relationship with the client, financial exploitation is defined as the illegal or improper act or process of an alleged perpetrator using, or attempting to use, the resources of the client, including the client’s Social Security number or other identifying information for monetary or personal benefit, profit, or gain; and without the informed consent of the client.
There is no informed consent when the consent is:
- not voluntary;
- induced by deception or coercion; or
- given by a client who the alleged perpetrator knows or should have known to be unable to make informed and rational decisions because of diminished capacity or mental disease or defect.
Financial exploitation does not include Theft in Texas Penal Code, Chapter 31 (theft offenses).
Immunity
A person filing a report, participating in an investigation, testifying, or participating in any judicial proceeding arising from a petition, report, or investigation is immune from civil or criminal liability. A person, including an authorized department volunteer, medical personnel, or law enforcement officer, who participates in an investigation or the provision of services is also immune as long as the person is acting in good faith.
Incapacitated Person
A person who is a minor or an adult who, because of a physical or mental condition, is substantially unable to do the following:
- Provide food, clothing, or shelter for him or herself.
- Care for his or her own physical health.
- Manage his or her own financial affairs.
Incidence of Maltreatment
Ratio of the number of validated APS cases in a geographic area to the total population in that area of persons who are age 65 or older and persons who have disabilities.
Information Management Protecting Adults and Children in Texas (IMPACT)
The browser-based software application by which Adult Protective Services (APS) and Child Protective Services (CPS) staff document cases.
Intake Priorities for APS Investigations
In establishing priorities, the department defines the time frames for beginning an investigation and for conducting a face-to-face interview with the client. Adult Protective Services’ priorities are based on the degree of severity and immediacy of the alleged harm to the individual.
Priority I
APS reports that allege the client is in a state of serious harm or is in danger of death from abuse or neglect. The caseworker must attempt a face-to-face visit with the client within 24 hours of the department’s receipt of a Priority I report, which may include, but is not limited to, the following:
- Serious injuries. Examples: spinal injury, fractured ribs puncturing lung, head injury, severe burns, broken hip, internal injuries.
- Lack of life-sustaining medication.
- Serious threats by caretaker to harm or kill client.
- Lack of basic physical necessities severe enough to result in freezing, starvation, or dehydration.
- Need for immediate medical attention to treat conditions that could result in irreversible physical harm. Examples: unconsciousness, acute pain, severe respiratory distress, gangrene, hemorrhaging, severe malnutrition, advanced bedsores.
- Sexual abuse when there is danger of repeated abuse.
- No caretaker is available; the client is unable to perform critical personal care activities, and his or her needs cannot be met by other community resources.
- Living conditions that pose a serious health or safety hazard. Examples: fecal contamination, dead animals, major structural damage to residence.
Priority II
APS reports that allege the client is abused, neglected, or financially exploited and as a result is at risk of serious harm. The caseworker must attempt a face-to-face visit with the client within three calendar days of the department’s receipt of a Priority II report. Priority II reports may include, but are not limited to, the following:
- Critical need for mental health or medical treatment. Examples: overly aggressive behavior, pressure spots, small bedsores or other small but open wounds, malnutrition, sprains, or disease or illness that is acute but not life-threatening.
- Falling or being pushed, hit, or scratched, which is alleged to have resulted in bruises, other injuries, or severe mental anguish.
- Inadequate attention to physical needs. Examples: insufficient food or medicine, but not life-threatening.
- Illegal or improper use of client's income or resources to the degree that the client is unable to meet basic needs or is threatened with substantial loss of income or resources.
- Unreasonable confinement.
- Sexual abuse of the client by the caretaker, but clearly no immediate danger of repeated abuse.
- Threats of physical violence or harm to the client.
- Imminent eviction from a nursing home because the client's representative failed to use the client ’s income to pay for care.
- Threat of losing the caretaker’s services when the client is dependent on the caretaker for basic needs.
Priority III
Consists of all other APS reports that allege the client is in a state of abuse or neglect. The caseworker must attempt a face-to-face visit with the client within seven calendar days of the department’s receipt of a Priority III report. Priority III reports may include, but are not limited to, the following:
- Verbal or emotional abuse. Examples: harassment, cursing, degrading remarks, intimidation.
- Marginal care or threatened withdrawal of care by caretaker when the client needs some assistance with his or her basic activities of daily living.
- Falling or being pushed, hit, or scratched when such actions are not reported to result in bruises, other
- injuries, or severe mental anguish.
- Need for mental health or medical treatment that is not urgent. Examples: mild depression, delusional thinking that is not dangerous to the client or others, poor nutrition, or disease or illness that is not acute.
Priority IV
APS reports that allege financial exploitation when there is no danger of imminent impoverishment or deprivation of basic needs. The caseworker must attempt a face-to-face visit with the client within 14 calendar days from the date the department receives a Priority IV report. Priority IV reports may include, but are not limited to, the following:
- Lack of appropriate contribution to food and shelter expenses by household members.
- Misuse of a nursing home resident’s personal needs allowance by someone who is not affiliated with the nursing home. (If the alleged perpetrator is an employee of the nursing home, the report is referred to the Texas Department of Aging and Disability Services.)
- Improper use of income or resources, but the client ’s needs are still met.
Invalid
When one of more of the elements of an allegation are not met and based on the standard of preponderance of evidence, it is more likely than not that the alleged maltreatment did not occur.
Least Restrictive Alternative
The minimum action taken on behalf of a person to alleviate abuse, neglect, or financial exploitation, while limiting infringement on the person’s rights as much as possible. This may include treatment, placement, and other interventions.
Neglect
The failure to provide for oneself the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain, or the failure of a caretaker to provide such goods or services.
Objection to Medical Treatment
Medical treatment may not be ordered for clients who object to treatment on religious grounds.
Physical Abuse
When an alleged perpetrator is:
a caretaker, family member, or other individual who has an ongoing relationship with the client physical abuse is the negligent or willful infliction of injury, unreasonable confinement, or cruel punishment with resulting physical or emotional harm or pain.
Preponderance of the Evidence
APS bases investigation findings on APS definitions and a preponderance of the evidence. A preponderance of evidence means it is more likely than not that the alleged abuse, neglect, or financial exploitation did or did not occur.
Protective Services
Services provided by DFPS or by another protective service agency to an APS client, or to that person’s relative or caretaker. The services are provided if DFPS determines they are necessary to prevent the client from being in or returning to a state of abuse, neglect, or financial exploitation.
Purchased Client Services (PCS)
Purchased client services provided in accordance with §48.002(5) of the Human Resources Code, includes, but is not limited to, emergency shelter, medical and psychiatric assessments, In-Home care, residential care, heavy housecleaning, minor home repairs, money management, transportation, emergency food, medication, and other supplies. Specific purchased client services are only provided if those specific services are not available through other state and local resources. A person who is age 65 or older or an adult with disabilities is eligible to receive purchased client services from Adult Protective Services in accordance with §48.002(5) and §48.202 of the Human Resources Code when a service plan has been developed by the department under these sections that indicates that purchased client services are needed to remedy abuse, neglect, or financial exploitation. All other available resources must be used where feasible before purchased client services are initiated.
Reporter
A person who initiates an unsolicited report to DFPS, alleging the abuse, neglect, or exploitation of an APS client. If more than one person makes an unsolicited report of the same allegation of abuse, neglect, or exploitation of the same APS client, each person is designated as a reporter.
Risk of Recidivism Assessment
The Risk of Recidivism Assessment (RORA) is completed in APS investigations with validated allegations. The RORA uses a set of risk factors to identify clients who have low, moderate, or high probabilities of future self-neglect or abuse, neglect, or financial exploitation. The APS specialist uses the RORA to help inform decisions for providing services.
Safety Assessment
The Safety Assessment is a tool used by the APS specialist to assess and document the client’s current safety. The APS specialist assesses the client’s overall risk of harm and level of safety to determine if immediate interventions are necessary.
Sexual Abuse
Any involuntary or nonconsensual sexual conduct that would constitute an offense per Texas Penal Code, Chapter 21 (indecent exposure), Chapter 22 (sexual assault), committed by:
- The client’s caretaker;
- The client’s family member; or
- Another individual who has an ongoing relationship with the client.
There is no consent when any of the following applies:
- The alleged perpetrator knew or should have known that the client is incapable of consenting because of impairment in judgment due to mental or emotional disease or defect.
- Consent was induced by force or threat against any person.
- The client was unconscious or physically unable to resist.
- The alleged perpetrator intentionally impaired the client by administering any substance without the person’s knowledge.
- Consent was coerced due to fear of retribution or hardship, or by exploiting the emotional dependency of the client on the alleged perpetrator.
Strengths and Needs Assessment
The Strengths and Needs Assessment (SNA) tool is available on every APS case that has at least one valid allegation. The SNA is used to systematically identify critical strengths and needs of the client and the client’s primary caretaker (does not include paid caretakers); and inform development of an effective service plan.
Note: Use of the SNA tool was discontinued in December 2023.
Unable to Determine
When a preponderance of the available evidence is insufficient to support a finding of Valid or Invalid.
Valid
When all elements of an allegations are met and based on the standard of preponderance of the evidence, it is more likely than not that the maltreatment occurred.