11000 Death of a Client
APS September 2024
When a client is deceased at the time the intake is received, APS does not investigate allegations of abuse, neglect, or financial exploitation. After confirming a client is deceased before the intake is received, the APS specialist closes the case using rapid closure procedures as outlined in 13110 Rapid Closure Codes and Dispositions of Other.
11100 Client Death During an APS Case
APS September 2024
When a client dies after the intake is received, APS closes the case by following procedures outlined in either subheading Disposition Reached Before Client Death or subheading Disposition Not Reached Before Client Death, as appropriate.
If the case involves misconduct or violation of law or DFPS policies by a DFPS employee, APS notifies the Health and Human Services Commission’s Office of the Inspector General, as outlined in 11300 Notifying the Office of the Inspector General.
Disposition Reached Before Client Death
When a client dies and there is already a disposition for each allegation, the APS specialist does the following:
- Documents the client’s death on the Person Detail page as outlined in 11200 Documentation of Client Death.
- Chooses case closure reason Client Died on the Case Closure page.
When the client dies and it is suspected that abuse or neglect by a perpetrator contributed to the client’s death, see subheading Perpetrator’s Actions May Have Contributed to Client’s Death.
Disposition Not Reached Before Client Death
When a client dies during an open case and one or more allegations do not have a disposition, the APS specialist immediately stops the investigation, including gathering evidence.
If there is not sufficient information to reach a disposition, the APS specialist does the following:
- Enters a disposition of Other on the Allegation Detail page.
- Documents the client’s death on the Person Detail page in IMPACT as outlined below.
- Closes the case using rapid closure procedures as outlined in 13110 Rapid Closure Codes and Dispositions of Other.
- Chooses case closure reason Client Died on the Case Closure page.
If a thorough investigation was completed and sufficient evidence was collected to reach a disposition, the APS specialist does the following:
- Enters a disposition of Valid, Invalid, or Unable to Determine based on a preponderance of the evidence.
- Documents the client’s death on the Person Detail page in IMPACT (see 11200 Documentation of Client Death).
- Chooses case closure reason Client Died on the Case Closure page.
When it is suspected that abuse or neglect by a perpetrator contributed to the client’s death, see subheading Perpetrator’s Actions May Have Contributed to Client’s Death.
Perpetrator’s Actions May Have Contributed to the Client’s Death
When the APS specialist or APS supervisor suspects a perpetrator’s act of abuse or neglect contributed to the client’s death, the APS specialist does the following:
- Immediately stops the investigation, including gathering evidence.
- Immediately notifies law enforcement and shares case-related information, as requested.
- Follows policy in 2422 High-Profile Cases within 24 hours of learning of the client’s death.
See:
8400 Referrals to Law Enforcement
15111.2 Release of Case Records to Law Enforcement Agencies and Prosecuting Attorneys
11200 Documentation of Client Death
APS September 2024
When a client dies during an open case, the APS specialist does the following in IMPACT:
- Records the date of the client’s death on the Person Detail page.
- Chooses one of the following reasons for the client’s death in the Reason for Death drop-down menu on the Person Detail page:
- APS – Related to A/N (related to abuse or neglect). The APS specialist chooses this reason if the preponderance of evidence shows the perpetrator’s actions contributed to the client’s death.
- APS – Not Related to A/N (not related to abuse or neglect). The APS specialist chooses this reason if a preponderance of the evidence shows a perpetrator did not contribute to the client’s death, including when the death is from natural causes or an accident.
- APS – UTD or INC (undetermined or inconclusive). The APS specialist chooses this reason when a client dies of self-neglect or the available evidence does not indicate whether the death was related to abuse or neglect.
- Documents all case contacts as required by policy.
11300 Notifying the Office of the Inspector General
APS January 2022
APS notifies the HHSC Office of the Inspector General (OIG) and APS State Office when both of the following apply:
- A DFPS employee’s actions or inaction may have contributed to a client’s death during an open APS case.
- At least one of the following is suspected:
- Employee misconduct.
- Violation of law.
- Violation of DFPS policy.
The APS supervisor or designee does the following:
- Consults with the program administrator or designee.
- Completes Form 2206 APS In-Home OIG Death Notification.
- Emails the completed form to the district director or designee.
The district director or designee reviews the form to determine whether the situation meets the criteria for notifying OIG. If it does meet the criteria, the district director or designee emails the completed form to all of the following:
- Assistant deputy inspector general of internal affairs (at OIG).
- DFPS Internal Audit.
- APS Field Operations specialist.
The district director or designee makes sure the notification email and form are documented on the External Documentation page in IMPACT or in OneCase.
11400 Adult Fatality Review Team
APS September 2024
Health and Safety Code §672.002 grants counties the authority to develop adult fatality review teams but does not mandate their formation.
The purpose of this team is to investigate certain types of adult deaths generally identified as unexpected. The team promotes cooperation, communication, and coordination among agencies involved in responding to unexpected deaths.
Composition of the Team
The team is composed of multi-disciplinary and multi-agency representatives (for example, law enforcement, criminal prosecutor, medical examiner, and so on) and has certain investigative powers by law. APS is sometimes involved in the review process as a team member, expert witness, or consultant.
Request for Information
A review team requests information and records about adult deaths resulting from suicide, family violence, or abuse, as necessary, to carry out its purpose and duties. The team is authorized by law to request and receive case records from APS. APS releases case records to the adult fatality review team without any de-identification.
Health and Safety Code §672.005
Confidentiality of Information
Information and records acquired by the review team in the exercise of its purpose and duties are confidential and exempt from disclosure under the open records law (Chapter 552 of the Government Code). A review team member commits an offense if he or she discloses information restricted to the team to another source.
A team member may make a public statement about the general purpose or nature of the review process for unexpected adult deaths if the statement is not specific to a case.
Health and Safety Code §672.009
Referral to the Adult Fatality Review Team
If a client dies under unusual circumstances, the APS specialist does as follows:
- Determines whether an adult fatality review team exists in the county where the client died.
- Follows district procedures for the following:
- Determining if a referral is appropriate.
- Submitting the case to the adult fatality review team, if appropriate.
See
11100 Client Death During an APS Case (Perpetrator’s Actions May Have Contributed to the Client’s Death)