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5000 Complex Cases

APS September 2024

Several factors may cause a case to be complex. For example, a client may have any of the following:

      • Serious physical or mental health problems.
      • An inadequate social support system.
      • Minimal financial resources to pay for medications, utilities, and adequate housing.

Texas Human Resources Code §48.1521

5100 Supports for Complex Cases

APS September 2024

Assessing the risk of ongoing abuse, neglect, or financial exploitation of a client is not done solely by APS. APS collaborates with various agencies to conduct forensic investigations using trained investigators or to assess the level of risk of harm to a client.

APS supervisors and subject matter experts may help the APS specialist determine when to involve community agencies.

5110 Community Support

APS September 2024

APS may collaborate with other agencies or entities, including, but not limited to, those listed below, for support and services.

Local Code Enforcement

If the APS specialist discovers the structural condition of the client’s home or yard poses a serious threat to the client’s safety, the APS specialist contacts the local code enforcement office with jurisdiction and requests an assessment of the client’s environment.

Conditions that indicate a need to involve the local code enforcement office include the following:

      • Fire hazards.
      • Health hazards related to structures or the environment.
      • Unsafe building conditions.
      • Violations of local regulations or laws.

The Texas Department of Licensing and Regulation regulates local code enforcement offices. More information about code enforcement is available on the Texas Department of State Health Services (DSHS) website. In small communities, DSHS may be responsible for code enforcement.

Animal Control

If APS determines that an animal or animals pose a threat to the health or safety of the client, the APS specialist contacts the local animal control office. In areas that lack a formal department for animal control, the sheriff’s department is authorized to perform these tasks.

Potential threats to health and safety include, but are not limited to, the following:

      • Infectious diseases.
      • Unsanitary conditions.
      • Animal bites or attacks.

Texas Department of Public Safety (DPS)

If a client is at risk of harm when driving a motor vehicle because of a physical or mental impairment or medical condition, the APS specialist considers a referral to the DPS. Anyone can report unsafe Texas drivers to DPS. All reports are confidential and are not included in public records.

If driving poses a risk to safety, the APS specialist can do any of the following:

  • Recommend that the client’s family report the situation to DPS.
  • Contact the client’s physician and ask him or her to consider reporting the situation to DPS.
  • Send a written report directly to DPS by mail, fax, or email. See the Texas Medical Evaluation Process for Driver Licensing page on the DPS website.

Children’s Advocacy Centers (CACs)

The primary focus of CACs is sexual and physical abuse of children and people with disabilities. Other clients and allegations may be appropriate for APS to refer to the local CAC, depending on the local agreement.

DFPS develops a memorandum of understanding (MOU) with each CAC, and the MOU dictates the procedures for working with that CAC. The APS specialist’s role may include doing the following:

      • Contacting the local CAC before the initial face-to-face contact with the client, or as soon as possible afterward, to discuss the need for referral.
      • Signing the CAC confidentiality agreement before the forensic interview.
      • Taking notes during the interview and documenting the interview as a contact in IMPACT.
      • Participating in multidisciplinary team meetings to plan for interviews and arrange for services, as needed.
      • Disclosing findings of the investigation to CAC staff, when requested.

CAC and Records Storage

After the forensic interview, the CAC gives a copy of the recording to the APS specialist. At that point, DFPS becomes responsible for proper security and storage of the recording. The APS specialist stores the recording using one of the following methods:

      • Uploading the recording to OneCase.
      • Listing the recording on the External Documentation page in IMPACT and storing a copy in the paper case file.

See 6400 Documentary Evidence.

CAC and Release of Records

People who are legally entitled to confidential case records may view a CAC recording but are not allowed to have a copy. Those who are allowed to view a CAC recording must do so in a DFPS office. If a viewing is requested, video or audio recording equipment is prohibited in the viewing area. This includes cell phones, tablets (other than DFPS’s equipment), and other video or audio recording devices.

See:

15100 Disclosure and Release of Case Information

15230 Records Retention and Destruction

Family Violence Centers (FVCs)

The primary focus of FVCs is to protect victims of family violence by collaborating with entities, such as APS, to address concerns of abuse, neglect, and financial exploitation.

The MOU between DFPS and Texas Family Violence Center (TFVC) dictates the procedures for working with TFVC. The APS specialist’s role includes, but is not limited to, the following:

      • Screening cases for the presence of family violence.
      • Observing physical or behavioral signs of family violence.
      • Informing victims of family violence about available resources, such as services available through the local FVC.
      • Informing perpetrators of family violence about available resources, such as Battering Intervention and Prevention Programs.

FVC and Confidentiality

When the alleged perpetrator of family violence must be interviewed, the APS specialist makes every effort to provide the client with sufficient time to create a safety plan, prior to contacting the alleged perpetrator.

Texas Family Code and DFPS rules give APS staff the authority to withhold information when the release of the information would endanger the life or safety of any person.

See:

15100 Disclosure and Release of Case Information

Texas Administrative Code, Section 705.901

Texas Family Code, Section 261.101

Forensic Assessment Center Network (FACN)

The FACN is a group of medical professionals (including geriatricians and pediatricians) in Texas who are experts in identifying abuse and neglect.

The APS specialist refers a case to FACN when it requires any of the following:

      • Forensic assessment.
      • Medical or mental health assessment.
      • Phone or virtual consultation on related topics.

FACN experts help determine whether abuse or neglect occurred or is occurring.

The APS specialist does as follows:

      • Consults with his or her supervisor before making a referral to FACN.
      • Requests the necessary assessment or consultation using the FACN web portal, including any specific questions for the physician.
      • Uploads all relevant documents into the portal.

The APS specialist documents the referral to FACN in a contact narrative in IMPACT and documents any subsequent communication in a separate contact narrative.

APS specialists may refer to the FACN Resource Guide, located on the DFPS intranet, for more procedures for when and how to make a referral to FACN.

See 6400 Documentary Evidence.

Forensic Accounting Services

APS has access to forensic accounting services when there are allegations of complex financial exploitation.

When a case is identified as appropriate for a forensic accounting review, the specialist does as follows:

  • Collects all necessary documents, such as bank records, receipts, and credit card statements.
  • Consults with the evidence-driven investigations subject matter expert (EDI SME).
  • Completes the Financial Exploitation Investigation Suite of Tools (FEIST)

The EDI SME consults with the program administrator to determine if the information gathered by the APS specialist supports the need to obtain a forensic accounting assessment. If the program administrator and EDI SME agree that the referral is appropriate, the SME does as follows:

  • Makes a referral to the forensic accountant.
  • Creates a PDF of all documents to be included in the referral.
  • Enters the referral information, including any deadlines that may be affected by the forensic accounting referral.
  • Uploads the complete referral packet.

Upon receiving the final report from the forensic accountant, the EDI SME uploads the report in OneCase

See 6400 Documentary Evidence.

5120 Supports for Service Delivery

APS January 2022

Some APS cases require complex services to remedy abuse or neglect. The APS specialist must be aware of the client’s needs and carefully address them. Supports for service delivery in complex cases are available to the APS specialist and supervisor as described below.

Case Management Quality Assurance Team (CMQAT)

APS district management convenes a CMQAT to staff (discuss) a complex case that may not be appropriate for referral to either a special task unit (see below) or community resource coordination group for adults. The district director determines how to decide which type of group can best address the needs of a particular client.

The CMQAT includes, but is not limited to, the following:

  • Subject matter experts.
  • APS program administrators.
  • APS district director or designee.

Special Task Units (STUs)

The Human Resources Code §48.1521 requires each county with a population of 250,000 or more to convene a STU to be available to monitor that county’s complex cases. Standing members include, but are not limited to, the following:

  • Providers of aging services or mental health services.
  • Law enforcement.
  • Legal experts.

The APS specialist follows regional procedures related to STUs. When APS involves the STU, the APS specialist assigned to the case and his or her supervisor must participate in the STU meetings.

5200 Cases Involving Family Violence

APS January 2022

Family violence includes either of the following:

  • An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, sexual assault, or a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
  • An act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, sexual assault, or a threat that reasonably places the person in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

A dating relationship is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship is determined based on consideration of the following:

  • The length of the relationship.
  • The nature of the relationship.
  • The frequency and type of interaction between the people in the relationship.

A casual acquaintance or ordinary friendly interaction in a business or social context does not constitute a dating relationship.

Generally, the terms domestic violence and family violence are used interchangeably.

A victim of family violence must meet the APS eligibility criteria in order to receive protective services as an APS client.

See also:

Texas Family Code §71.004

Texas Family Code §71.0021

Texas Human Resource Code §51.002

Assessing Family Violence Allegations

The APS specialist determines whether the victim of family violence meets the APS eligibility criteria to receive protective services.

If the client meets APS eligibility criteria, the APS specialist does the following:

  • Investigates and provides protective services.
  • Notifies law enforcement as appropriate, according to policy.

If the person does not meet APS eligibility criteria, the APS specialist does the following:

  • Provides referrals to local services for victims of family violence, the National Domestic Violence Hotline (NDVH), or local law enforcement, as appropriate.
  • Closes the case as Does Not Meet Definition for APS.

Examples of Indicators of Family Violence

Indicators of family violence include, but are not limited to, the following actions by a partner or family member:

  • Threats to place the client in a nursing home against his or her will.
  • Threats of physical or sexual abuse.
  • Use of weapons (such as knife, gun, or hands) to intimidate or threaten.
  • Denying access to family, friends, neighbors, or professionals.
  • Taking or hiding necessary items, such as a wheelchair, walker, eyeglasses, or money.

5210 Texas Address Confidentiality Program (ACP)

APS September 2023

The Texas Address Confidentiality Program helps a victim of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons with keeping the victim’s physical address confidential. The Office of the Attorney General (OAG) administers the program, which gives participants a substitute post office box address (the OAG’s post office box) and a free mail forwarding service. The ACP is neither a witness protection program nor a guarantee of safety, but it is one step in an overall safety plan.

Texas state agencies must comply with the program and its rules, as authorized under the following:

Texas Code of Criminal Procedure, Chapter 58, Subchapter B

Address Confidentiality Program, Office of the Attorney General

When an Intake Involves an ACP Participant

SWI uses the OAG’s post office box as the client’s address when taking a report on a person enrolled in the ACP, unless the reporter voluntarily reveals the physical address.

It may appear that SWI has misrouted the intake because the intake lists Travis County as the client’s county of residence. The SWI intake specialist gets as much information as possible to help the APS specialist find the client.

The OAG has the true residential address for the client and must release this information to APS when requested.

When a Client Is an ACP Participant

If a client is a participant in the ACP, the APS specialist does as follows in IMPACT:

  • Marks the case as Sensitive.
  • Documents the client’s confidential physical address, if known.
  • Documents the Travis County post office box issued by the ACP (that is, the non-confidential substitute address), as outlined in policy.

APS does not knowingly release the confidential physical address of any ACP participant. The APS specialist must have the client’s permission before releasing the confidential address to a service provider.

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

The APS specialist documents in IMPACT the confidential physical address of a client who is a participant in the ACP and marks the case as Sensitive, by doing the following:

  1. Opening the Case Summary page.
  2. Choosing OAG-ACP in the Special Handling drop-down menu.
  3. Marking the Sensitive Case checkbox.
  4. Entering the following in the Comments field under the Sensitive Case checkbox:
    • The confidential address.
    • The confidential phone numbers, if any.
    • Any other information needed to find the client.

Documenting a Non-Confidential Substitute Address

The APS specialist documents a non-confidential substitute address on the Address Detail page in IMPACT by doing the following:

  • Choosing Residential Mail as the address type.
  • Entering the client’s ACP participant number in the Comments field.
  • Entering the following OAG-issued address:

P.O. Box 12108 MC068

Austin, Texas 78711-2108

Travis County

The post office box address does not validate properly in IMPACT. When the APS specialist clicks Validate, he or she receives an Address Validation error message. The APS specialist clicks Close on the message.

When the Address Detail page opens again, the MC068 portion of the post office box address has moved to the front of the post office box information.

If the Client Would Benefit from the ACP

If an APS specialist believes that a client who is in danger of family violence, sexual assault or abuse, stalking, or trafficking of persons (or who has a child who is in danger of child abduction) would benefit from the ACP, the APS specialist may do either of the following:

  • Refer the client to a local family violence shelter for help enrolling in the program.
  • Refer the client to the ACP website for directions on completing an application for the program.

5220 Investigations Involving Family Violence

APS January 2022

The APS specialist does the following:

  • Notifies law enforcement as appropriate when APS suspects the alleged family violence is a criminal offense under any law. See 8400 Referrals to Law Enforcement.
  • Stays alert to indicators of undue influence that may prevent the client from discussing family violence.
  • Provides information the victim of family violence can understand about available family violence resources in the community.

See:

6121 Interviewing a Client

6122 Interviewing an Alleged Perpetrator

Documentation for Investigations Involving Family Violence

The APS specialist indicates on the Case Closure page whether he or she gave family violence materials to the client. If the specialist did not give family violence materials because of concerns for the client’s safety, the specialist documents this on a Contact Detail page.

5230 Family Violence Materials

APS January 2022

APS Clients

The APS specialist gives written information about services for addressing family violence to victims of family violence. However, the APS specialist keeps in mind the potential danger that providing written information may pose. The APS specialist consults with the client about whether the client may be at further risk of harm if the alleged perpetrator or other household members discover information about family violence services.

If the client feels it is safe to leave written materials, the APS specialist provides one or both of the following resources:

Clients who have limited English proficiency (LEP) receive literature in their preferred language. If this is unavailable, the APS specialist may request the services of an interpreter to tell the client what the materials mean. See the DFPS Language Services Guide on the DFPS intranet.

People Who Are Not DFPS Clients

If the APS specialist becomes aware of a member of the family or household who is not an APS or a CPS client, but who is a victim of family violence, the APS specialist offers the person information about family violence. The APS specialist does this because the APS client could be at risk of family violence either directly or indirectly as a result of violence between other household members.

See 5240 Services for Victims of Family Violence.

5240 Services for Victims of Family Violence

APS January 2022

The APS specialist informs the client of appropriate services available through local organizations, such as family violence centers and shelters, non-residential centers (NRCs), or a special non-residential project (SNRP). These services may include, but are not limited to, the following:

  • 24-hour shelters.
  • 24-hour crisis call hotlines.
  • Emergency medical care.
  • Intervention services.
  • Emergency transportation.
  • Legal representation in the civil and criminal justice systems.
  • Information about education arrangements for children.
  • Information about training for and obtaining employment.
  • Referral systems to other community services.
  • Protective orders.

A client who is at risk of ongoing abuse may need to request a protective order. The staff of the local family violence center has the expertise to help the APS specialist and the client with this process. If there is no local family violence center, the APS specialist and client consult with the county or district attorney about alternatives.

APS maintains working relationships with local family violence centers and shelters in order to do the following:

  • Get literature about family violence to distribute to APS clients.
  • Establish procedures for referring people to shelters and centers.
  • Learn about the services and policies of the shelters and nonresidential centers.
  • Determine whether the shelter or center is equipped to accept APS clients who are age 65 or older or have disabilities requiring special accommodations.
  • Receive help in developing a safety plan with the client.

See:

Texas Administrative Code §705.901

Code of Criminal Procedure, Title 1, Chapter 7B

5220 Investigations Involving Family Violence

12700 Family Violence Protective Orders Against a Perpetrator

5250 Family Violence Safety Plan

APS January 2022

The APS specialist and the client develop a family violence safety plan. A family violence safety plan is a verbal or written plan that identifies ways to promote the client’s safety and includes the following:

  • Preparation necessary to separate from the person who is doing the violence.
  • Identification of community resources.
  • Recommendations to plan for future safety.

The APS specialist contacts the APS regional liaison, who is a resource for addressing family violence, for help in developing the family violence safety plan. The APS specialist may also do either of the following:

  • Request help from the staff of a local family violence center to help develop the plan.
  • Use literature from a local family violence center to help the client develop the plan.

If a pre-printed form for making a family violence safety plan is not available from the center, the APS specialist and the client discuss important documents and items that the client should keep in a safe place that is easily accessible in case the client needs to leave the home immediately. The client may choose to ask a trusted friend or relative to store the items if the client feels that it is not safe to store them in the home.

Documents and items may include, but are not limited to, the following:

  • Driver license.
  • Birth certificates for the client, his or her children, and dependent people who are age 65 or older or are adults with a disability.
  • Social Security cards for the client and family members (as described above).
  • Lone Star or Temporary Assistance to Needy Families (TANF) cards and other certifications.
  • Health insurance cards (Medicaid, Medicare, or other insurance).
  • Legal documents (such as a protective order, passport, custody order, or divorce decree).
  • Financial documents and information (such as bank account numbers, credit cards, ATM cards, or a checkbook).
  • Medical information (such as the family physician’s name and phone number, immunization records, or medical histories).
  • Medical necessities (such as medications or medical supplies).
  • Cell phone and its charger.
  • Phone numbers of people who can help in an emergency.
  • Phone number of the local family violence shelter.
  • Bus pass or car keys.
  • Bag with a change of clothes.
  • Other personal items.

Documenting the Family Violence Safety Plan

The APS specialist documents development of the family violence safety plan in a contact narrative in IMPACT.

If the APS specialist uses a pre-printed form from the local family violence center, the APS specialist stores a copy of the form using one of the following methods:

  • Uploading the form to OneCase.
  • Listing the form on the External Documentation page in IMPACT and storing the hard copy in the paper case file.

The APS specialist is not required to document giving family violence materials to people who are not APS clients.

See:

5220 Investigations Involving Family Violence

6400 Documentary Evidence

5300 Cases Involving Noncitizens

APS January 2022

Law requires APS to provide short-term services that are necessary to alleviate or resolve the immediate effects of abuse, neglect, or financial exploitation without discrimination to all clients. This applies regardless of the following:

  • The client’s citizenship or immigration status.
  • The client’s income.

Texas Human Resources Code §48.002

Long-Term Care Services

For some clients, APS may determine that the client’s age or disability makes abuse, neglect, or financial exploitation likely to continue or to happen again, unless the client receives long-term care services.

A client who needs long-term care services is required to pay for them with the client’s own money.

If the client does not have the money to pay for long-term care, federal benefits may be available. However, a person’s immigration status affects whether the person is eligible for federal benefits, so APS needs to determine the client’s citizenship or immigration status.

Guardianship programs use the client’s own money to pay for care and do not accept a person without funds. Therefore, APS does not refer a client to the Health and Human Services Commission (HHSC) Office of Guardianship Services (OGS) or other guardianship programs unless at least one of the following applies:

  • The client is eligible for federal benefits.
  • The client can afford to pay the cost of the client’s care and medical needs without relying on federal benefits, for as long as the guardianship lasts.

See 5312 Noncitizen Without Appropriate Immigration Documents.

5310 Noncitizens and Use of PCS Funds

APS January 2022

APS provides purchased client services (PCS) to noncitizens based on the same criteria as for other APS clients. See 10900 Purchased Client Services (PCS) and its subitems for procedures for using PCS.

Law prohibits APS from using PCS to provide long-term care services for clients, except when both of the following apply:

  • The PCS funds are used on a short-term emergency basis.
  • There is a reasonable belief that the client is eligible for other long-term care funding or will become eligible.

Texas Human Resources Code §48.002

5311 Noncitizen Who Has Immigration Documents

APS January 2022

A client is likely to be eligible for some federal services if the client has a lawful permanent resident card (green card) that was issued more than five years ago. However, some other services may require the client to become a US citizen in order to be eligible for all benefits. In most cases, a person is required to be a permanent resident for five years before the person may apply for citizenship.

The client and the APS specialist may consider repatriation (moving back) to the client’s country of origin when there are no resources available in the US. However, moving back to the country of origin may affect the client’s ability to seek US citizenship in the future. The APS specialist advises the client to obtain immigration counseling before the APS specialist helps the client return to the country of origin.

Permanent Resident Card Is Five Years Old or More

The APS specialist refers the client to a private organization that helps people obtain citizenship, if both of the following apply:

  • At least five years have passed since the client was issued a permanent resident card.
  • The client is not eligible for the services that he or she needs because he or she is not a citizen.

Permanent Resident Card Is Less Than Five Years Old

A client whose permanent resident card was issued less than five years ago is not eligible for most federal benefits and may have difficulty accessing state and local services.

Permanent Resident Card Is Expired

A client who has an expired permanent resident card may be required to pay a fee to renew the card before the client can become eligible for federal benefits.

Renewal of a permanent resident card is a procedural matter. A person with an expired permanent resident card still has the immigration status of a permanent US resident.

Client Has Other Immigration Documents

A client who has current immigration documents other than a permanent resident card may be eligible for federal benefits under some circumstances.

5312 Noncitizen Without Appropriate Immigration Documents

APS January 2022

A client might have a situation such as one of the following:

  • The client has no immigration documents.
  • The client had a temporary visa but stayed in the US after it expired.

APS refers to these clients as undocumented persons.

Undocumented persons are not eligible for most Medicaid benefits, including long-term care benefits.

Most undocumented persons are unlikely to be able to change their immigration status. Even if this change is possible, it is a long process. The APS specialist may refer the undocumented person to a nonprofit organization that handles immigration matters. This type of organization can assess whether or how the client’s immigration status can change.

If a client who is an undocumented person needs services, the APS specialist tries to help the client obtain services through the following:

  • Having family or friends pay for the services.
  • Getting assistance from local government agencies or private organizations.

The APS specialist may help the client with the process of moving back to the client’s country of origin.

See 5320 Change of Immigration Status.

5320 Change of Immigration Status

APS January 2022

Federal laws and regulations about eligibility for Medicaid and Social Security benefits are restrictive. Legal immigration into the US is a complicated process. For most undocumented persons, it is not possible to change immigration status to obtain benefits. The few undocumented persons whose immigration status can be changed usually need help from an attorney or an accredited advocate.

The APS specialist completes Form 2203 Noncitizen Worksheet when both of the following apply:

  • The client and his or her family do not have the money to pay for long-term care.
  • The client cannot receive federal benefits because of the client’s citizenship or immigration status.

This form helps the APS specialist do the following:

  • Determine the client’s immigration status.
  • Explore whether the client has an opportunity to obtain an immigration status that would make the client eligible for federal benefits (for example, permanent resident status or political asylum status).

The APS specialist sends Form 2203 Noncitizen Worksheet to the APS mailbox. Staff members at State Office (in APS and in the DFPS Legal Division) review the submitted form. The Legal Division may advise the regional staff to try to obtain help from a private entity.

Help from Private Entities

APS may refer the client to private entities that help with immigration matters, if the client consents. These entities may be able to help determine how likely it is that the client’s immigration status can be changed.

5330 Consulates and Other Foreign Entities When Working With Noncitizens

APS January 2022

Mexican Consulate

The APS specialist contacts the Mexican consulate for help if the client was born in Mexico. See the Texas Secretary of State’s website for contact information for Mexico’s consulate offices in Texas.

The consulate may be willing to help by doing one or more of the following:

  • Obtaining birth certificates and other documents.
  • Contacting the client’s family, or arranging for contact with them.
  • Referring APS to another resource to contact in Mexico.
  • Referring the client to local services that may be available if the client moves back to Mexico.

El Desarrollo Integral de la Familia (DIF)

The Mexican counterpart to DFPS is the Sistema Nacional para el Desarrollo Integral de la Familia (DIF). Each Mexican state has a director of that state’s DIF offices.

The APS specialist contacts the nearest consulate office to find out which DIF office to work with, unless the regional APS office already has a relationship with the appropriate DIF office.

Consulates of Countries Other Than Mexico

The APS specialist contacts the nearest consulate of the client’s home country when trying to help a client who is a citizen of another country. See the Texas Secretary of State’s website for contact information for consulate offices in Texas. See the US Department of State – Bureau of Consular Affairs website if the client’s home country does not have a consulate in Texas.

Each country’s consulate has different policies and practices about what type of help it provides. In general, consulates may be willing to help with one or more of the following:

  • Obtaining birth certificates and other documents.
  • Contacting the client’s family.
  • Explaining local services that may be available if the client moves back to the client’s home country.

The APS specialist may verbally share information from the APS case as necessary to help the client obtain services. The APS specialist discusses with the regional attorney any questions about what case information APS may share with a consulate.

5340 Transportation of Clients Who Do Not Have Valid Immigration Documents

APS January 2022

An APS specialist always arranges paid transportation, if possible, for a client who needs to be moved from one place to another. The APS specialist avoids transporting the client himself or herself.

It is a federal crime to knowingly transport an undocumented person to help the person remain in the US. There is no exemption for APS specialists, so an APS specialist does not transport an undocumented person in the specialist’s own vehicle under any circumstances.

See 6121.2 Transportation for a Client.

5350 International Borders

APS January 2022

An APS specialist does not cross an international border as part of work duties unless the program administrator (PA) gives prior approval.

If the PA gives approval for a specific purpose, the APS specialist is responsible for determining what personal identification the Department of Homeland Security requires to leave the US and return to the US. The APS specialist must also carry a DFPS badge.

In no circumstances does an APS specialist cross an international border to interview or find a client or collateral in an APS case. APS makes a formal request through the Mexican consulate if APS needs help to find or interview a client or collateral in Mexico. The Mexican consulate determines whether a Mexican agency can help APS with this. See 5330 Consulates and Other Foreign Entities When Working With Noncitizens.

In no circumstances does the APS specialist escort a person across an international border.

The APS specialist cooperates with the Border Patrol in the same manner that the APS specialist cooperates with any other law enforcement agency.

5400 Cases Involving Native American Reservations

APS January 2022

APS has no authority to conduct an investigation on a reservation without permission from reservation officials.

When APS receives allegations that involve abuse, neglect, or financial exploitation of people age 65 or older or adults with disabilities who live on a reservation, APS requests permission or help from reservation officials.

The APS specialist immediately notifies the reservation’s social work department of the allegations and requests permission to conduct an investigation.

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