Handbook Revision, April 2, 2018
This revision of the Adult Protective Services In-Home Handbook was published on April 2, 2018. Summaries of new or revised items are provided below.
APS In-Home FY 18 Second Release (PATS 10667)
APS is releasing policy revisions two times a year and this will be the second release for FY 2018. The changes are generally small and address requests from external stakeholders and regional staff.
This revision:
• Adds a definition of an APS client.
• Clarifies that contacts made after the case initiation contact, but before a successful face-to-face contact, can be used to determine whether using the closure code Self-Neglect Resolved Before Face-to-Face is appropriate.
• Clarifies that the LE Form Suspected is sent at any time during the course of an investigation if the APS specialist has cause to suspect that allegations of abuse, neglect, or financial exploitation constitute a criminal offense.
• Clarifies the alleged victim or client should be interviewed alone during the initial face-to-face and during follow up visits when possible.
• Adds policy and procedure for situations in which a client withdraws from services during the investigation stage.
• Adds policy and procedure that when a client withdraws from services in the investigation stage but is safe or conditionally safe, the APS specialist may seek a medical or mental health evaluation.
• Clarifies procedure for locating a client during the investigation, when it is suspected the client has moved.
• Adds a link to the Forensic Assessment Center Network (FACN) resource guide.
• Clarifies that only in valid cases are root causes required to be documented in the Investigation Conclusion Summary.
• Adds policy that a Strengths and Needs Assessment is not required if the client dies, or it is determined the case will be closed as Unable to Locate or Client Withdrew, before the 14th calendar day following progression to Intensive Case Services.
• Aligns policy for situations in which a client withdraws from services to be consistent, whether the client withdraws during a service stage or during the investigation stage.
• Restructures the Desk Review sections, with minimal content change.
• Restructures the non-EMR due process sections, with minimal content change.
Terminology Changes
Terms Changed From: |
To: |
|---|---|
Department of Aging and Disability Services (DADS) Guardianship |
HHSC Guardianship |
Department of Aging Disability Consumer Rights and Services |
HHSC Consumer Rights and Services |
Appendices Moved to Safety Net
On March 1, 2018, the appendices below were moved to the DFPS intranet for staff use only. Links to these appendices have been removed.
Appendix VII: APS Specialist Safety
Appendix X: Mexican Consulates
Appendix XII: Sample Affidavit for Guardianship
Appendix XIII: Entering Information on the Guardianship Referral Form
Appendix XVI: Using the Tablet PC for Obtaining and Storing Written Statements and Diagrams
Affected Items:
1300 Scope and Eligibility
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2134.1 Procedure for High Profile Cases
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2233 Self-Neglect Resolved Before Initial Face-To-Face Contact
2233.1 Procedure for Determining Self-Neglect Resolved Before Making the Initial Face-to-Face Contact
2233.2 Documentation for Self-Neglect Resolved Before Prior to Initial Face-To-Face Contact
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2271 Procedure for Referrals to Law Enforcement
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2341.13 Conducting the Interview With an Alleged Victim
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2420 Assessing Indicators of a Lack of Capacity to Consent When a Client Refuses or Withdraws From to or Refuse Protective Services During the an Investigation
2421 Procedure for Assessing Indicators of a Lack of Capacity to Consent When a Client Refuses or Withdraws From to or Refuse Protective Services
2421.1 Procedure for When a Client Alleged Victim Refuses Protective Services
2421.2 Procedure for When a Client Withdraws From Protective Services
2421.3 2421.2 Documentation for When a Client Alleged Victim Refuses or Withdraws from Protective Services
2422 Procedure for Seeking Medical or Mental Health Evaluations
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2550 Alleged Victim Moves or Cannot Be Located Before the Investigation Is Complete
2551 Procedure for When an Alleged Victim Cannot Be Located During the Investigation
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2615 Procedure for Working With the Forensic Assessment Center Network
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2920 Documentation When Closing the Investigation Stage
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3221 Procedure for Completing a Strengths and Needs Assessment
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3270 Client Withdraws From Services During Maintenance or ICS
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3562 Procedures for APS Specialists
3563 Procedures for Supervisors
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3572 Procedure When a Death Is Related to Natural Causes, an Accident, or Self-Neglect During Service Delivery
3572.1 Documentation When a Client’s Death Results From Natural Causes, or an Accident, or Self-Neglect
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5300 Desk Review for Designated Perpetrators
5310 Designated Perpetrators Ineligible for a Desk Review
5320 Notifying the Designated Perpetrator About Findings and Eligibility for a Desk Review
5321 Timely Request for a Desk Review
5330 Procedure for Conducting a the Desk Review for Designated Perpetrators
5331 Time Frame for Conducting the Desk Review
5332 Notification of Delay of the Desk Review
5333 Completing and Documenting the Desk Review
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5335 Notification of Results of the Desk Review for Designated Perpetrators
5336 Circumstances in Which Findings May Be Released (Release Hearing)
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5420 Due Process for Non-EMR Cases
5421 5424.3 Emergency Release of Findings in Non-EMR Cases
5422 5424.31 Notice of Emergency Release of Findings to the Designated Perpetrator
5423 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
5424 5422 Administrative Review in Non-EMR Cases
5424.1 5421.1 Requesting Timely Request for an Administrative Review in Non-EMR Cases
5424.11 5421.11 Request for Records for an Administrative Review in Non-EMR Cases
5424.2 5422.1 Conducting an Procedure for Administrative Review in Non-EMR Cases
5425 5423 Conducting Release Hearings for Non-EMR Cases
5425.1 5423.1 Requesting Receipt or Non-Receipt of Request for a Release Hearing in Non-EMR Cases
5425.2 5423.2 Conducting a Release Hearing and Subsequent Activities in Non-EMR Cases
5426 5424 Notification and Release of Findings After in Non-EMR Due Process Cases
5426.1 5424.1 Notification of Decision in Non-EMR Cases
5426.2 5424.2 Release of Findings in Non-EMR Cases
5426.21 5424.21 Release of Findings on Investigations of HCSSA Home and Community Support Services Agency (HCSSA) Staff and Foster Home Providers and Employees
5424.22 Release of Findings on Investigations of Foster Home Providers and Employees
5424.3 Emergency Release of Findings in Non-EMR Cases
5424.31 Notice of Emergency Release of Findings to the Designated Perpetrator
5426.3 5424.4 Release of APS Findings to Professional Licensing Boards, Commissions, and Other Agencies
5426.31 5424.41 Release of APS Findings to the Texas State Board of Social Work Examiners
5426.32 5424.42 Release of APS Findings to the Board of Nurse Examiners
5426.33 5424.43 Release of APS Findings to the Texas Board of Medical Examiners
5426.34 5424.44 Release of APS Findings to State Bar of Texas
5426.35 5424.45 Release of APS Findings to Guardianship Certification Board
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Appendix VII: APS Specialist Safety
Appendix X: Mexican Consulates
Appendix XII: Sample Affidavit for Guardianship
Appendix XIII: Entering Information on the Guardianship Referral Form
Appendix XVI: Using the Tablet PC for Obtaining and Storing Written Statements and Diagrams