Adult Protective Services
Handbook Revision, May 2014
This revision of the Adult Protective Services In-Home Handbook was published on May 1, 2014. Summaries of new or revised items are provided below.
APS In-Home - Release 2 for FY 2014
APS In-Home is releasing policy revisions two times a year and this will be the second release for FY 2014. The release contains edits to the APS In-Home handbook. The changes are small and designed to provide clarification in each of these areas in order to address requests from external stakeholders and regional staff.
Summary of changes:
• Restructured and clarified EMR policy, including adding a global statement about due process and what happens when someone is actually placed on the EMR
• Added language resulting from statutory change increasing timeframe for second EOPS extension from 20 days to 30 days
• Added language resulting from statutory change regarding Consumer Directed Services (CDS) employees being EMR eligible
• Added language resulting from statutory change that Licensed Professional Counselors (LPCs) can now do assessments for EOPS purposes
• Clarified that PCS funds are not to be used to purchase medical/MH assessments for the purpose of determining APS eligibility
• Added previously removed policy regarding documentation of Limited English Proficiency (LEP)
See:
1210 Interpreter Services for Principals With Limited English Proficiency (LEP) or Impaired Sensory or Speaking Ability
1300 Scope and Eligibility
1310 APS Eligibility Criteria
1311 Substantial Impairment
1311.1 Disability Payments and APS Eligibility
1320 Procedure for Determining APS Eligibility
4500 Emergency Order for Protective Services (EOPS)
4513 Procedures When a Physician Is Not Available
4540 Extension of a Court Order for Emergency Protective Services
5400 Due Process
5410 Due Process for Employee Misconduct Registry (EMR) Cases
5411 Determining Eligibility for EMR Eligibility
5411.1 EMR Eligible Employee
5411.2 5411.1 Definition of Reportable Conduct
5411.3 5411.11 Definition of Harm
5412 Procedures for EMR Eligible Investigations
5412.1 5411.12 Required Information for EMR Eligible Investigations
5412.2 Entering the Valid-Reportable Conduct Finding in IMPACT
5411.13 Emergency Release of Findings
5412.3 5411.2 Subject Matter Expert Managerial Review of EMR Eligible Investigations
5411.3 Regional Director Review
5411.4 Valid -- Reportable Conduct Allegation Disposition
5413 5412 Internal APS EMR Database
5412.1 Notification to the State Office Coordinator of the Employee Misconduct Registry (EMR)
5414 5413 Duties Responsibilities of the EMR Coordinator in State Office
5414 Decision to Pursue Inclusion on the EMR Is Reversed
5415 Additional Procedures for Processing EMR Referrals
5415 Notifications and Request for EMR Hearing
5415.1 5417 Notice of Findings to Subsequent Employers Before the EMR Hearing
5415.2 Notice of Hearing to the Designated Perpetrator/Employee
5415.3 5416 Request for Hearing by the Employee
5416.1 Deadlines for Filing Request for Hearing
5415.31 5416.2 Late Request for Hearing Is After the Deadline
5416 5418 EMR Hearing Process
5416.1 5418.1 Rescheduling a Hearing
5416.2 5418.2 Withdrawing a Request for Hearing or Failure to Appear for a Hearing
5416.3 Failure to Appear for a Hearing
5416.4 5418.3 Decision of Administrative Law Judge (ALJ) Hearing Officer
5418.4 Hearing Order by Commissioner of DFPS
5416.5 5418.5 Request for Judicial Review by the Employee
5416.6 5418.6 Providing Notice if a Finding Is Modified or Reversed
5416.7 5418.7 Information Forwarded to DADS for Recording in the Employee Misconduct Registry
5418.8 Notification of Finding
Appendix IX: APS Service Codes, Service Descriptions, Unit Types, and Unit Type Descriptions
The appendix below is removed because it is no longer applicable.
Appendix XIV: Instructions for Entering Information Into the APS EMR Database
Cross-references were updated in:
2332.1 Privacy Rights Regarding the Social Security Number
2342.1 Procedure for Interviewing Alleged Perpetrators
2644 Procedure When Alleged Perpetrator Is EMR-Eligibl
2645.1 Documentation When the Alleged Perpetrator’s Actions May Have Contributed to the Alleged Victim’s Death
2710 Allegation Disposition
2821.12 Administrative Closure
5123 Disclosure of Case Information to Other Entities to Help Clients Obtain Services
5310 Designated Perpetrators Ineligible for an Administrative Desk Review