Adult Protective Services Handbook Revision June 2012
This revision of the Adult Protective Services In-Home Handbook was published on June 1, 2012. Summaries of new or revised items are provided below.
APS releases policy revisions three times a year. This is the second release for FY 2012. The release contains a number of small edits to sections that address investigations, service delivery, and purchased client services. The changes are small and designed to provide clarification in each of these areas or to address requests from external stakeholders, quality assurance, and regional staff.
Requesting Records for Non-EMR Due Process
The process for obtaining and sending a copy of the case record to a perpetrator for non-EMR due process has been updated to match the process used for desk reviews. Intranet forms are also updated.
A reference to Form 4885 Request for Records was also removed as it is no longer a necessary part of the emergency release process.
Releasing Records to Law Enforcement
This policy is now consistent with the Records Management Group's (RMG's) policy that was published on October 17, 2011. Any request for records on a closed investigation (including cases currently open in the service delivery stage) is sent through RMG.
Supervisory Consults
Various supervisory consults throughout the handbook that were previously required are now optional or removed from policy.
Supervisory Approval of Case Progression and Closure
This change clarifies that supervisors are not required to read for performance management (Quality Assurance) standards when reading cases to determine whether to approve progression to service delivery or case closure.
Consignment Agreements
This addition incorporates new policy on how consignment agreements can be used to obtain services for APS clients.
Investigation Jurisdiction
The chart in Appendix II: Facilities and Jurisdictions has been updated to clarify licensed versus contracted adult foster care homes. Information is added regarding additional DADS Medicaid waiver programs such as Community-Based Alternatives (CBA) and Medically Dependent Children Program (MDCP).
Items Affected by This Revision
The following items have been deleted:
1700 Sensitive and High Profile Cases (Cross-reference affected in 2660 Investigations Involving Guardianship Wards)
1710 Procedure for Sensitive and High Profile Cases (content moved)
1720 Documentation for Handling Sensitive and High Profile Cases
1730 Examples of Sensitive and High Profile Cases
2522 Procedure for 45-Day Supervisory Consults
2522.1 Documentation for 45-Day Supervisory Consults
2610 Supervisor Review of Recidivistic Cases
2611 Procedure for Supervisor Review of Recidivistic Cases
2612 Documentation for Supervisor Review of Recidivistic Cases
2821.2 Procedure for Supervisory Review of Investigation Stage Closure
3251.1 Exceptions for Monthly Status Contacts (MSCs) During Service Delivery (Cross-references affected in 3252.1 Documentation of Unsuccessful Attempts at Monthly Status Contacts, 4785 General Issues Regarding DADS Guardianship Services Referrals)
3251.11 MSCs and the Month of Closure During Service Delivery (Cross-references affected in 2511.12 MSCs and the Month of Closure in the Investigation, 3471 Procedure for Case Closure During Service Delivery)
3251.12 MSCs When the Client Cannot Be Located During Service Delivery (Cross-reference affected in 3473 Client Withdraws From Services)
3251.13 MSC When the Client Dies During Service Delivery
3251.14 MSCs in Cases Involving DADS Guardianship Services (Cross-reference affected in 4783.4 Procedure for Case Management After Emergency Referral Form Is Submitted to DADS)
3252.1 Documentation of Unsuccessful Attempts at Monthly Status Contacts
3253 Procedure for Monthly Status Contacts in the Month of Closure (Cross-references affected in 3251 Monthly Status Contacts (MSCs) During Service Delivery, 3251.14 MSCs in Cases Involving DADS Guardianship Services, 3252.1 Documentation of Unsuccessful Attempts at Monthly Status Contacts, 3254 Documenting Monthly Status Contacts)
3255.2 Procedure for 60-Day Supervisory Consults
3255.22 Documentation for 60-Day Supervisory Consults
3537 Major Appliance Purchases
3538 Home Repairs or Heavy Cleaning
The following items have been added, revised, or renumbered:
1300 Scope and Eligibility
1348 Exploitation (EXPL) Allegations
2131 Routing Coordinator Review for Special Needs Case Assignment
2131.1 Procedure for Routing Coordinator Review for Special Needs Case Assignment
2131.2 Procedure for Sensitive and High Profile Cases
2132 Supervisor Notification of Special Needs Case Assignment
2132.1 Procedure for Supervisor Following Notification of Special Needs Case Assignment
2133 Supervisor Review of Recidivistic Cases
2133.1 Procedure for Supervisor Review of Recidivistic Cases
2141 Procedure for Assigning Secondary APS Specialists
2234.1 Procedure for Self-Neglect Resolved Before Initial Face-To-Face Contact
2234.2 Documentation for Self-Neglect Resolved Prior to Initial Face-To-Face Contact
2261 Procedure When Client Refuses to Cooperate With APS Investigation (Cross-reference affected in 2251 Procedure for When a Client Is Not Located at Initial Face-to-Face Attempt)
2262 Documentation for Client Refuses to Cooperate With APS Investigation
2334.1 Procedures for Written Statements
2350 Photographic Evidence
2431 Procedure for Assessing Indicators of a Lack of Capacity to Consent to or Refuse Protective Services
2431.1 Procedure When the Client Refuses Protective Services
2432 Procedure for Seeking Medical or Mental Health Evaluations
2433 Documentation for Seeking Medical or Mental Health Evaluations
2441 Procedure for Undue Influence
2451 Procedures for Determining Fiduciary Exploitation
2500 Monitoring the Client During Investigations
2510 Monthly Status Contacts (MSCs) During Investigations
2511 Procedure for Monthly Status Contacts (MSCs) During Investigations
2511.12 MSCs and the Month of Closure in the Investigation
2511.13 MSCs When the Client Cannot Be Located During the Investigation
2511.14 MSCs When the Client Refuses to Cooperate
2512 Documentation of Monthly Status Contacts During Investigations
2541 Procedure for Additional Allegations Received During the Investigation Stage
2552 Procedure for Client Moves Within Texas
2610 Nature of the Investigation
2620 Community Involvement in Complex Investigations
2621 Procedure for Working With Local Code Enforcement
2622 Procedure for Working With Local Animal Control
2631 Procedure for Special Task Units
2656.1 Procedure for Referring a Case to the Adult Fatality Review Team
2710 Allegation Disposition
2821 Investigation Closure Reason Codes
2821.11 Moved/Unable to Locate
2821.12 Administrative Closure
2821.2 Procedure for Supervisory Review of Investigation Stage Closure
3217 Making a Reasonable Effort
3250 Monitoring Clients During Service Delivery
3251 Monthly Status Contacts (MSCs) During Service Delivery
3252.1 Exceptions for Monthly Status Contacts (MSCs) During Service Delivery
3252.11 MSCs and the Month of Closure During Service Delivery
3252.12 MSCs When the Client Cannot Be Located During Service Delivery
3252.13 MSCs When the Client Withdraws From Services
3252.14 MSCs When the Client Dies During Service Delivery
3252.15 MSCs in Cases Involving DADS Guardianship Services
3253 Documenting Monthly Status Contacts During Service Delivery
3400 Service Delivery in Complex Cases
3470 Case Closure During Service Delivery
3471 Procedure for Case Closure During Service Delivery
3471.1 Supervisory Review of Closure
3473.1 Documenting the Client’s Withdrawal From Services
3525 Obtaining Management Approval for Purchased Client Services (PCS) for the Client, Family Members, or Caretakers
3527.5 Major Appliance Purchases
3527.6 Home Repairs or Heavy Cleaning
3527.7 Consignment Agreement for Bus or Van Transportation
3527.71 Procedure for Consignment Agreements for Bus or Van Transportation
3631 Procedure for Contracts
3641 Procedure for Claims Processing
3651 Procedure for Program-Directed Purchase
3661 Procedure for Travel Purchases
3700 Consignment Agreements
3710 Definition of Consignment Agreements
3720 Procedures for Consignment Agreements
3730 Determining Rate for Goods or Services Purchased Using a Consignment Agreement
3740 Responsibilities of Regional Management and Contract Staff
3750 Documentation Requirements for Goods or Services Purchased Using a Consignment Agreement
4751 Procedure for Assisting Individuals With Guardianship
4752 Documentation for Assisting Individuals With Guardianship
4782.2 Procedure for Staffing and Completing a Standard Referral to DADS Guardianship Services
4782.4 Documenting the APS Guardianship Referral Form for Standard Referrals
4783.1 Procedure for Emergency Referrals to DADS Guardianship Services During an Emergency Order for Protective Services (EOPS)
4783.2 Procedure for Staffing and Completing Emergency Referrals During an EOPS
4783.5 Documenting the APS Guardianship Referral Form for Emergency Referrals
5117 Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys
5117.1 Procedure for Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys
5118.1 Subpoenas
5420 Due Process for Non-EMR Cases
5421 Sending Notice of Intent to Release in Non-EMR Cases
5421.1 Timely Request for an Administrative Review in Non-EMR Cases
5421.11 Request for Records for an Administrative Review in Non-EMR Cases
5422 Administrative Review in Non-EMR Cases
5422.1 Procedure for Administrative Review in Non-EMR Cases
5423.1 Receipt or Non-Receipt of Request for a Release Hearing in Non-EMR Cases
5424.21 Release of Findings on Investigations of Home and Community Support Services Agency (HCSSA) Staff
5424.22 Release of Findings on Investigations of Foster Home Providers and Employees
5424.3 Emergency Release of Findings in Non-EMR Cases
5442 Releasing the APS Investigation to School Officials
Appendix II: Facilities and Jurisdictions
Appendix IX: APS Service Codes, Descriptions, Unit Types, and Descriptions
Subpoena Policy
The items below are revised to reflect OP-4105 DFPS Subpoena Policy and Procedures, effective 1/1/2012. See:
5118.1 Subpoenas
Appendix IV: Definitions Related to Guardianship Cases