Adult Protective Services Handbook

12120 Consulting With Regional Attorneys

Human Resources Code §48.154(b)

12300 Access to Records

APS January 2022

DFPS has the authority to access any records or documents, including client-identifying information and medical and psychological records, necessary for any of the following:

Investigation.
Service delivery.
Performance of other duties required in Human Resources Code Chapter 48.

Any person or agency that has a record or document that DFPS needs to perform its duties must make the record or document available without unnecessary delay.

Accessing Bank Records

If the APS specialist is unable to access bank records, then the specialist sends the Request for Financial Records letter to give the bank an opportunity to comply with the request for records before initiating court action.

If access to records is denied, APS may file a petition with the court to request that the court order access.

The person denying access is entitled to notice and a hearing on the petition. If the court decides in favor of the petition, the court orders the person or entity who denied access to the records to allow DFPS to have access under the terms and conditions in the court order.

DFPS is exempt from paying fees that are required to obtain medical and mental health records needed for investigations.

Seeking Legal Action to Access Records

When seeking legal action to access records, the APS specialist does as follows:

Uses all reasonable means to obtain the records, including but not limited to the following:
- Attempting to gain consent from the client or showing a copy of the Human Resources Code to the person who is denying access.
- Asking an APS attorney to talk with the record holder’s attorney, if available.
Follows the instructions in 12100 Initiating Legal Actions.
Completes legal forms for the county attorney that includes the following information:
- Client’s name.
- Description of the record or document.
- Reason APS needs access to the record or document.
- Summary of attempts made to obtain access to the record or document.
Attends the hearing with the attorney representing APS and testifies.

See:

12120 Consulting With Regional Attorneys

12400 Interference with Investigation or Protective Services

APS September 2022

The Texas Human Resources Code, Chapter 48, Section 48.155 (Interference with Investigation or Services Prohibited) prohibits a person from interfering with an investigation or the provision of services to a client.

Examples of prohibited actions include, but are not limited to, a family member or caretaker who does any of the following:

Forbids a client from seeking needed medical care.
Prevents entry of a home health worker into the client’s home.
Terminates the client’s home health worker.

Seeking Legal Action to Prevent Interference

The APS specialist does as follows when seeking legal action to prevent interference with an investigation or protective services:

Follows the instructions in 12100 Initiating Legal Actions.
Completes the Plaintiff’s Original Petition for Injunctive Relief for the APS attorney, along with any other legal forms requested by the attorney.
Testifies at the hearing.

When the Court Issues an Order

After the court issues an order to prevent interference, the APS specialist does as follows:

Obtains an official copy of the court order as soon as it is available.
Provides a copy of the court order to any party who has been prevented from providing services to the client.
Contacts law enforcement to request that a peace officer enforce the court order, if needed.

See:

Human Resources Code §48.208(b)

12500 Original Petition for Emergency Order for Protective Services (EOPS)

APS September 2024

APS may request an order from a court to authorize APS to take necessary actions to protect a client in a situation of abuse, neglect, or financial exploitation that is life-threatening or a threat to physical safety.

To request an Original Petition for Emergency Order for Protective Services (EOPS), the APS specialist follows the procedures in 12100 Initiating Legal Actions.

The APS specialist petitions the court by preparing Form 5000 Original Petition for Emergency Order for Protective Services when all of the following apply:

A client is experiencing abuse, neglect, or financial exploitation presenting a threat to life or physical safety.
A client lacks the capacity to consent to receive protective services.
APS cannot obtain consent from a spouse, relative, or guardian.

The EOPS is valid for 10 calendar days. The court, after notice and a hearing, may extend an EOPS for a period of not more than 30 calendar days after the date the original EOPS expires. The court, after notice and a hearing where good cause is shown, may grant a second extension of an EOPS of not more than an additional 30 calendar days (a total of 70 aggregate calendar days). The court may not grant more than two extensions of the original EOPS. An extension order that ends on a Saturday, Sunday, or legal holiday is automatically extended to 4 p.m. on the first succeeding business day. The court may modify or terminate the EOPS on petition of APS, the client, or any person interested in the client’s welfare.

All forms required to request an EOPS or an extension are on the DFPS intranet.

While the EOPS is in effect, APS acts as a surrogate decision maker for the client as outlined in 12930 Surrogate Decisions in Hospitals or Nursing Homes. APS does not have authority to authorize medical treatment that APS knows is against the client’s religious beliefs or practices. Because this order impacts the client’s constitutional right of self-determination, the order may be granted only in limited circumstances outlined in Human Resources Code §48.208(b) .

See:

12200 Court-Authorized Entry

12550 Authorization for EOPS Before Obtaining a Court Order

12510 Completing a Motion for EOPS

APS January 2022

The APS specialist is responsible for fully stating the facts and observations in the body of the motion and order for an EOPS, including the following information:

The nature of the abuse or neglect.
How the abuse or neglect presents a threat to life or physical safety of the client.
The evidence that shows the client lacks the capacity to consent to or refuse services.
The services that are necessary to remove the threat to life or physical safety, including any of the following:
- Removal of the client to safer surroundings.
- Emergency or routine medical treatment.
- Other services as necessary.
A request for assistance from law enforcement, if needed.
A verification of the petition, sworn to before a notary, after approval by the attorney representing DFPS.

If the specialist obtained a doctor’s statement, he or she includes it with the motion. In lieu of a doctor’s statement, the specialist can include a statement from another professional as outlined in When a Physician Is Not Available in 12520 Pre-Removal Medical Report. The specialist then files all documents with the clerk.

12520 Pre-Removal Medical Report

APS January 2022

Before seeking an EOPS, APS must seek an opinion from a medical doctor stating whether the client lacks the capacity to consent to or refuse services. The doctor must complete Form 5010 Pre-Removal Medical Report (Exhibit B).

Human Resource Code §48.208(b)

When a Physician Is Not Available

If, after making a good faith effort, the APS specialist determines that a physician is unavailable to provide the medical report, the law provides that certain other professional assessments may be substituted. These include any of the following assessments:

The client’s health status performed by a physician’s assistant or an advanced practice nurse not employed by DFPS. The APS specialist uses Form 5011 Health Status Report to obtain this information.
The client’s psychological status performed by a licensed psychologist, master social worker, or licensed professional counselor not employed by DFPS, and who has training and expertise in issues related to abuse, neglect, and financial exploitation. The APS specialist uses Form 5012 Psychological Status Report to obtain this information.
An assessment performed by a registered nurse and confirmed by a physician. The APS specialist uses Form 5013 Nursing Assessment Report to obtain this information. The APS specialist ensures that the registered nurse knows the name of the physician who will receive the nursing assessment and how the nurse will communicate the information to the physician.

See 12530 Post-EOPS Physician’s Report.

Filing a Motion for EOPS Without a Physician’s or Other Professional’s Report

In some situations, there may not be a physician or other professional available to assess the client and support the APS specialist’s opinion. The judge may determine whether the APS specialist’s evidence is sufficient to support issuing an EOPS before removing a client. The APS specialist documents clearly why no medical or psychological assessment could be obtained.

In situations where the APS specialist provides emergency protective services before obtaining the medical report, the court must find that all of the following apply:

An immediate danger to the health or safety of the client exists.
Harm to the client ‘s health or physical safety is imminent and the client is likely to suffer serious harm or death before the next business day unless protective services are provided.
There is not sufficient time to obtain the medical report.

12530 Post-EOPS Physician’s Report

APS January 2022

If the APS specialist did not obtain a physician’s report before issuance of an EOPS, a physician must examine the client within 72 hours of removal. The APS specialist provides the physician with Form 5001 Post-EOPS Physician’s Report for this assessment. APS must file the Post-EOPS Physician’s Report with the court as soon as possible. This applies even if the specialist obtained another type of professional assessment.

In 12520 Pre-Removal Medical Report, see When a Physician Is Not Available and Filing a Motion for EOPS Without a Physician’s or Other Professional’s Report.

12540 Court Proceedings for EOPS

APS September 2022

After the process described in 12510 Completing a Motion for EOPS is complete, the attorney representing APS seeks an immediate hearing before the judge. This is called an ex parte hearing, because no prior notice is given to the client, which would allow the client to oppose the motion. Court procedures during an ex parte hearing vary by court. Some judges will sign the order after reviewing the motion without asking the APS specialist to testify. Others may request testimony from the APS specialist.

Judges may appoint an attorney ad litem for the client before asking questions of the APS specialist. In this situation, the attorney ad litem may question the APS specialist. If the judge does not appoint an attorney ad litem during the hearing, the court must appoint one in the order. The court may also order law enforcement to assist APS in carrying out the EOPS. The signed court order becomes APS’s authority to act.

12541 When the Court Issues an Order for an EOPS

APS September 2022

After the court issues an order for an EOPS, the APS specialist does as follows:

Obtains an official copy of the court order as soon as it is available.
Provides a copy of the court order to any party who is involved with removing the client or facilitating services for the client.
Contacts law enforcement to request that a peace officer enforce the court order, if needed.

See:

12100 Initiating Legal Actions

12550 Authorization for EOPS Before Obtaining a Court Order

APS January 2022

If the APS specialist cannot obtain an EOPS because the court is closed on a Saturday, Sunday, legal holiday, or after 5 p.m., the specialist may remove a client to safer surroundings and authorize medical treatment and other services. The APS specialist may also act without a supporting medical or psychological opinion in the case of an after-hours removal if necessary. The APS specialist must try to obtain a physician’s or other professional’s report before providing emergency protective services even when there is no court order.

The APS specialist exercises this authority only when all of the following occur:

The client is experiencing abuse or neglect presenting a threat to life or physical safety.
The threat to life or physical safety is imminent and the client is likely to suffer serious harm or death before the next business day unless protective services are provided.
Behavioral and environmental factors indicate the client may lack the capacity to consent to receive protective services, and the specialist cannot obtain consent.
The specialist cannot obtain an emergency order under Human Resources Code §48.208 because the court is closed.
The specialist has supervisory approval.

If a client is removed under this provision, APS staff does as follows:

Clearly documents step-by-step actions explaining why APS was unable to obtain a court order earlier in the day before courts closed or the action could not wait until the next business day to seek a court order.
Obtains an EOPS no later than 4 p.m. on the next business day. When obtaining the EOPS, APS staff follow the procedures in 12100 Initiating Legal Actions. This process includes consulting with the regional attorney and obtaining a Pre-Removal Medical Report (Exhibit B) .

If a client’s home will be vacant as a result of an EOPS, the APS specialist notifies the appropriate law enforcement agency of the vacancy and requests that law enforcement monitor the residence to ensure the safety of the client’s property.

See:

12120 Consulting With Regional Attorneys

12551 Emergency Removals Without a Court Order

APS January 2022

APS staff may have difficulty obtaining assistance with emergency removals without a court order unless immediate and serious risk of harm to the client is apparent. In these situations, it may be necessary to provide the following to emergency medical personnel to demonstrate that APS can take action without a court order under certain circumstances:

Form 5004 Notice of Removal.
A copy of Human Resources Code §48.208(h).

When APS Cannot Obtain a Court Order the Next Business Day

If, for any reason, APS cannot obtain a court order before 4 p.m. the next business day, APS staff must terminate emergency services by doing the following:

Cease providing protective services.
If necessary, make arrangements for the immediate return of the client to his or her residence, place of removal, or other suitable setting.

12552 Notifying the Regional Attorney of the Client’s Death

APS January 2022

If a client is removed but dies before APS obtains the court order the next business day, the specialist notifies the regional attorney. The Office of General Counsel determines whether more action is needed.

See:

11100 Client Death During an APS Case

11200 Documentation of Client Death

12560 Termination or Expiration of a Court Order for Emergency Protective Services

APS January 2022

The emergency order expires on the earlier of:

The end of the 10th calendar day after the date the order is issued.
The end of the 10th calendar day after the date the client was removed to safer surroundings, if the client was removed when the court was closed and an order could not be obtained. See also 12550 Authorization for EOPS Before Obtaining a Court Order.

The order may expire or terminate at a different time if any of the following apply:

The court extends the order past the initial 10-day period.
The 10-day period ends on a Saturday, Sunday, or legal holiday, in which event the order is automatically extended to 4:00 p.m. on the next business day.
The physician’s medical report states that the client is physically or mentally able to consent to services or that the client is not suffering from abuse, neglect, or financial exploitation presenting a threat to life or physical safety.

Practice varies among courts, but many courts require that a full hearing on the EOPS be held on the day the order expires. This provides an opportunity for the attorney ad litem to question APS about the actions taken before APS sought the EOPS and about what has happened since. In addition, if APS did not obtain a medical doctor’s assessment of the client before seeking the EOPS, this hearing gives both the judge and the attorney ad litem an opportunity to review the mandatory doctor’s assessment (Form 5001 Post-EOPS Physician’s Report) obtained not later than 72 hours after the time the provision of protective services begins.

The court may modify or terminate the order on petition of DFPS, the client, or any person interested in the client’s welfare.

12570 Extension of a Court Order for Emergency Protective Services

APS January 2022

APS may ask the court for a 30-day extension of the initial 10-day EOPS, if the client’s safety requires it. The court may grant no more than two 30-day extensions past the original 10-day order (a total of 70 days). The court may grant the motion to extend the EOPS only after holding a full hearing. In some cases, the court may choose to combine the 10-day hearing with the motion for extension hearing. If granted, the Motion and Order for Extension of EOPS allows APS to continue to act as surrogate decision-maker for the client. An extension order that ends on a Saturday, Sunday, or legal holiday is automatically extended to 4 p.m. on the next business day.

The APS specialist may request an extension to do the following:

Make arrangements for the immediate protection of the client, which could include facilitating placement in a safe environment, medical assessment and treatment, or further psychological evaluation.
Establish a service plan that will alleviate the state of abuse, neglect, or financial exploitation.

This service plan may include any of the following:

Attempts to locate family or friends who may be able to resolve the state of abuse, neglect, or financial exploitation.
Voluntary placement in a long-term care facility.
Emergency referral to the HHSC Office of Guardianship Services for a guardianship assessment.

Texas Human Resources Code §48.208(i )

See:

12500 Original Petition for Emergency Order for Protective Services (EOPS)

12600 Court Request to Examine Durable Power of Attorney (DPOA)

APS March 2024

DFPS is authorized to request a court to construe or determine the validity or enforceability of a durable power of attorney (DPOA) document, or to review an agent’s conduct under a DPOA and grant appropriate relief. The court may award costs and reasonable and necessary attorney’s fees in an amount the court considers equitable and just.

Estates Code §751.251

When APS encounters situations such as the existence of multiple DPOAs for the client, the client may have lacked capacity when the DPOA was signed, or the roles and responsibilities of the DPOA are unclear, APS may request the court’s assistance to interpret or determine the validity or enforceability of a DPOA. APS may only request the court’s assistance after other reasonable efforts are exhausted.

Examples of reasonable efforts include the following:

Interviewing the client, alleged perpetrator, and appropriate collaterals to understand when, why, and how the DPOA was sought.
Requesting copies of legal documents.
Requesting statement from a medical professional about the client’s ability to make informed decisions at the time the DPOA was signed.
Consulting the supervisor, subject matter expert, and regional attorney about the powers the DPOA authorizes to the agent.

Initiating a Judicial Review or Relief of a DPOA

Before initiating a request, the APS specialist follows the general procedures outlined in 12100 Initiating Legal Actions, including the following:

Ensuring requested legal action is the least restrictive alternative.
Consulting with the APS supervisor and regional attorney.
Requesting approval from the district director to move forward with the action.

The district director obtains final approval from the APS Deputy Associate Commissioner or the APS Associate Commissioner.

Requesting a Judicial Review or Relief of a DPOA

After receiving all appropriate approvals, the APS specialist does as follows:

Gathers relevant and pertinent information and documents relating to the DPOA, such as bank records, credit card statements, or other legal documents.
Obtains the blank affidavit and petition from the regional attorney.
Completes the affidavit and petition to request the court review the validity or enforceability of the DPOA, or to review the agent’s conduct under the DPOA.
Appears with the attorney representing APS, as appropriate, at the hearing.
Obtains a copy of the court order as soon as it is available.

See:

9600 Supervisor Consultations

9800 Subject Matter Expert (SME) Consultations

Texas Family Code §86.004

12700 Family Violence Protective Orders Against a Perpetrator

APS March 2024

A family violence protective order is a court order that prohibits a member of a family or household from doing either or both of the following:

Remaining in the household.
Contacting or coming near the victim or his or her residence.

The purpose of the order is to prevent that person from committing further acts of family violence against the victim.

The statutes governing family violence protective orders are set forth in Texas Family Code Chapters 71-87. This order is only available for family violence committed by a family member, by a member of the household, or, in some circumstances, by a date.

Family violence is defined as any 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, or sexual assault.
A threat by a member of a family or household against another member of the family or household 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.
Abuse, as that term is defined by Texas Family Code, Sections 261.001 (1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household.
Dating violence, as that term is defined by Texas Family Code, Section 71.0021.

To obtain a family violence protective order, all of the following must occur:

An application is filed with the court.
Citation and notice is sent to the person alleged to have committed family violence.
A hearing is held.

A temporary restraining order may be requested for the time required to serve notice and have the hearing.

The county or district attorney provides legal representation for any applicant, and there is no filing fee. Many county and district attorneys have a designated staff member to work with a person requesting a protective order.

Eyewitness evidence of the prior violent acts must be presented at the hearing. This means either the victim testifies or another eyewitness testifies.

See 5200 Cases Involving Family Violence.

When the Client Owns or Co-owns the Home

When a court issues a protective order, law enforcement removes the alleged perpetrator from the home, if both of the following are true:

The client owns or co-owns the home.
The alleged perpetrator is in the residence.

However, the victim is the frontline enforcer of the order. The victim must contact law enforcement immediately if the alleged perpetrator violates the order.

When the Alleged Perpetrator Owns the Home

If the alleged perpetrator owns the home, the court may issue a protective order to keep the alleged perpetrator away from the client, but the client must move to a different home. A protective order cannot exclude the alleged perpetrator from his or her home in favor of a victim who does not co-own the home.

12710 APS Specialist’s Role in Assisting a Client with a Protective Order

APS March 2024

If the client’s situation appears to meet statutory criteria for a protective order, the APS specialist explains to the client that a protective order may apply and encourages the client to seek one. If the client is willing to seek a protective order and sign the application, the APS specialist assists the client as needed, such as by helping the client to contact the county or district attorney. If the client is willing to seek a protective order, but unwilling to sign the application for a protective order, the APS specialist may sign it.

If a client is unwilling to seek a protective order, the APS specialist takes no further action related to an application for a protective order.

Law Enforcement Assistance

On the request of an applicant for a final protective order that excludes a perpetrator from their mutual residence, the court may order a law enforcement officer to do any of the following:

Accompany the applicant to the residence.
Inform the perpetrator that the court ordered that he or she be excluded from the residence.
Protect the applicant while the applicant takes possession of the residence.
Protect the applicant while the applicant takes possession of his or her necessary personal property, if the perpetrator refuses to vacate the residence in response to a temporary order.
Remove the perpetrator from the residence and arrest him or her for violating the court order, if the perpetrator refuses to vacate the residence in response to a final order.

12720 Protective Order Application Filed by DFPS

APS March 2024

When DFPS staff validates an allegation that a person age 65 or older or an adult with a disability is a victim of family violence, as specified in the Texas Family Code §71.004, DFPS may apply for a protective order to protect the client.

Texas Family Code, §82.002(d)

40 TAC §705.903

If a client prefers for DFPS to file an application on the client’s behalf, the APS specialist does as follows:

Discusses with the supervisor and the investigation or exploitation subject matter expert the appropriateness of signing an application for a protective order on behalf of the victim.
Obtains supervisory approval before signing the application.
Consults with the regional attorney before signing the application.

The APS specialist must complete the following steps before proceeding with an application for a protective order:

Notify the client and a non-abusive adult member of the household, if available, of the intent to file a protective order.
Request the assistance of the client and the non-abusive adult member of the household to develop a safety plan for the protection of the client and any non-abusive members of the household.

Human Resources Code §40.075

After completing these steps, the APS specialist seeks legal representation from the county or criminal district attorney to file the protective order.

If requested by the court or the county or criminal district attorney, the APS specialist completes an affidavit related to case findings pertaining to the incident of family violence and testifies at the hearing. The victim may also be asked to complete an affidavit or testify, or both.

The supervisor (or specialist with supervisory approval) must notify the district director or designee of the potential for legal action.

Documentation for Protective Orders

After filing for a protective order, the APS specialist ensures the following in contact detail narratives are entered in IMPACT:

Consultations with the supervisor, the investigation or exploitation subject matter expert, and the regional attorney.
The interviews with the client and any collaterals.

The specialist documents the protective order in the Legal tab in IMPACT.

See:

9600 Supervisor Consultations

9800 Subject Matter Expert (SME) Consultations

Texas Health and Safety Code §574.034

12800 Mental Health Commitment

APS March 2024

When a person becomes seriously mentally ill, temporary hospitalization at an in-patient psychiatric hospital may be the recommended treatment. A person may enter a psychiatric hospital voluntarily. However, a person has a right to refuse treatment.

Basis for Commitment

A person who refuses hospitalization may be committed to a court-ordered hospitalization, if the court finds that the person is mentally ill to the degree that there is a substantial risk of serious harm to himself or herself or to others, unless the person is immediately restrained.

Lengths of Hospitalizations

All court-ordered commitments are temporary, lasting for a period of up to 90 days. Within that 90-day period, the treating physician at the hospital determines when the patient’s illness has stabilized sufficiently for the patient to be released. Most commitments last a month or less.

If the physician determines that the patient needs a commitment for longer than 90 days, the hospital seeks a second 90-day commitment. In very rare cases, a patient may need lengthy hospitalization. In this event, the hospital seeks an extended court-ordered hospitalization.

Due Process

Because a court-ordered hospitalization is a significant infringement on a person’s constitutional rights, due process of law is required.

A patient is entitled to a full trial before a jury, legal representation, and the right to cross-examine all witnesses. Since the patient may be uncooperative, the law provides a process allowing the patient to be taken into custody and detained for psychiatric examination and protection until the trial can be held on the temporary order.

Out-Patient Treatment

In the hearing, the judge or jury may find that the patient must participate in out-patient treatment rather than in-patient (hospitalization) treatment. This seldom occurs because compulsory out-patient treatment is very difficult to enforce.

12810 Emergency Detention

APS March 2024

A judge may issue an emergency detention warrant to obtain a medical assessment to determine whether a client needs court-ordered hospitalization. Law enforcement carries out the warrant.

If there is not time to get a warrant, law enforcement may do as follows:

Take the client into custody.
Transport the client to a mental health facility for assessment.

A judge may grant a warrant for emergency detention if law enforcement does one of the following:

Witnesses the client’s behavior or circumstances.
Receives information about the behavior or circumstances through a report made by a credible person. The APS specialist is a credible source of information for law enforcement.

An emergency detention warrant may be issued if the client must be immediately restrained, because he or she exhibits behavior that is a current threat to the life of the client or another person.

Clients detained in a mental health facility must be examined by a physician within 48 hours of detention. If the physician does not certify the need for further detention, pending a probable cause hearing, the client must be released.

Law enforcement provides transportation for the client when carrying out an emergency detention warrant. In no circumstances does the APS specialist transport the client.

12811 Use of Emergency Detention for an APS Client

APS September 2024

An emergency detention warrant may be necessary in cases where both of the following apply:

The client refuses to see a physician.
The client’s actions meet all of the following criteria:
- APS believes the actions are related to mental illness.
- The actions show a substantial risk of serious harm to the client or others.
- The actions show that harm is likely to happen soon unless the client is immediately restrained.

In these cases, the APS specialist does as follows:

Obtains the supervisor’s approval, if possible, before notifying law enforcement or mental health officials about the need for an emergency detention.
Contacts local law enforcement, a peace officer, or a mental health officer, and asks the officer to take or arrange for action to protect the client and others from serious harm.
Contacts local mental health staff to obtain and document the results of the client’s evaluation.
Contacts local mental health staff to obtain and document the results of the court hearing, if the client is detained or committed to a facility for evaluation.
Continues to monitor the client’s status and provides services as appropriate.

When Law Enforcement Requests That APS or a Person Seek an Order for Emergency Detention

Law enforcement may request that APS or a person apply for an emergency detention order, rather than law enforcement seeking the order directly. The APS specialist may file an application for emergency detention if no one else is available to do so. This application asks the court to issue an emergency detention warrant, which directs law enforcement to detain a specific person.

The APS specialist contacts the local court to request the application to apply for an emergency detention warrant. The specialist completes the application, which includes a detailed description of the following:

The applicant’s relationship to the client.
The client’s specific behavior, acts, attempts, or threats.
The specific risk of harm.

The APS specialist provides the completed application to the judge or magistrate. This court official determines whether an emergency detention warrant is necessary and, if so, how to deliver that warrant to law enforcement for them to carry it out.

The court may request that APS deliver the warrant to law enforcement. If the court does this, the APS specialist does as follows:

Delivers the warrant.
Consults with all of the following people before taking any further action:
- Supervisor
- Program administrator
- Regional attorney

The APS specialist does not do as follows:

Carry out the warrant himself or herself.
Transport the client.

The law allows any adult with personal knowledge of the facts to apply to a court to request that the court issue an emergency detention warrant. However, law enforcement usually files the application for the warrant.

If law enforcement did not ask APS to file the application, the APS specialist consults with the following people:

Supervisor
Risk/self-neglect subject matter expert
Regional attorney, if possible

The purpose of consulting with them is to determine whether this action (APS filing the application) is available and appropriate in the county where the client lives.

Texas Health and Safety Code §573.011

Documentation for Emergency Detentions

The APS specialist ensures the following documentation is entered in IMPACT:

Consultations with the supervisor in contact detail narratives.
The interviews with any collaterals in contact detail narratives.
The detention on the IMPACT Legal Action page.

See:

9600 Supervisor Consultations

9700 Subject Matter Expert (SME) Consultations