2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0515. Quality Assurance Program for Adult Protective Services; Quarterly Reports

Sec. 40.0515.  QUALITY ASSURANCE PROGRAM FOR ADULT PROTECTIVE SERVICES; QUARTERLY REPORTS.  (a)  The department shall develop and implement a quality assurance program for adult protective services provided by or on behalf of the department.
(b)  In developing the program, the department shall establish:
(1)  client-centered outcome measures for each of the following functions of the adult protective services program:
(A)  intake process;
(B)  investigations;
(C)  risk assessment determinations; and
(D)  delivery of protective services;
(2)  minimum job performance standards for personnel and each work department of the adult protective services division of the department; and
(3)  procedures for conducting periodic performance reviews to monitor compliance with the standards established under Subdivision (2), which must include requirements that, for each caseworker in the adult protective services division of the department, a supervisor shall conduct:
(A)  at least two performance reviews each year, if the employee has less than two years of adult protective services casework experience; and
(B)  at least one performance review each year, if the employee has at least two years of adult protective services casework experience.
(c)  The department shall promptly address a person's or work department's failure to meet minimum job performance standards established under Subsection (b)(2):
(1)  by issuing to the person or work department, as appropriate, a corrective action plan detailing the actions required to comply with the standards; or
(2)  if necessary, through disciplinary action, including a person's demotion or discharge, for repeated failure to meet the standards.
Text of subsection effective until April 01, 2025
(d)  A performance review conducted under Subsection (b)(3) is considered a performance evaluation for purposes of Section 40.032(c) of this code or Section 531.009(c), Government Code, as applicable.  The department shall ensure that disciplinary or other corrective action is taken against a supervisor or other managerial employee who is required to conduct a performance evaluation for adult protective services personnel under Section 40.032(c) of this code or Section 531.009(c), Government Code, as applicable, or a performance review under Subsection (b)(3) and who fails to complete that evaluation or review in a timely manner.
Text of subsection effective on April 01, 2025
(d)  A performance review conducted under Subsection (b)(3) is considered a performance evaluation for purposes of Section 40.032(c) of this code or Section 523.0055(b), Government Code, as applicable.  The department shall ensure that disciplinary or other corrective action is taken against a supervisor or other managerial employee who is required to conduct a performance evaluation for adult protective services personnel under Section 40.032(c) of this code or Section 523.0055(b), Government Code, as applicable, or a performance review under Subsection (b)(3) and who fails to complete that evaluation or review in a timely manner.
Text of subsection effective until April 01, 2025
(e)  The annual performance evaluation required under Section 40.032(c) of this code or Section 531.009(c), Government Code, as applicable, of the performance of a supervisor in the adult protective services division must:
(1)  be performed by an appropriate program administrator; and
(2)  include:
(A)  an evaluation of the supervisor with respect to the job performance standards applicable to the supervisor's assigned duties; and
(B)  an evaluation of the supervisor with respect to the compliance of employees supervised by the supervisor with the job performance standards applicable to those employees' assigned duties.
Text of subsection effective on April 01, 2025
(e)  The annual performance evaluation required under Section 40.032(c) of this code or Section 523.0055(b), Government Code, as applicable, of the performance of a supervisor in the adult protective services division must:
(1)  be performed by an appropriate program administrator; and
(2)  include:
(A)  an evaluation of the supervisor with respect to the job performance standards applicable to the supervisor's assigned duties; and
(B)  an evaluation of the supervisor with respect to the compliance of employees supervised by the supervisor with the job performance standards applicable to those employees' assigned duties.
(f)  A summary of the findings of outcome measures established and performance reviews conducted under this section must be reported to regional directors and other senior management employees of the adult protective services division.
(g)  Each fiscal quarter the department shall file with the governor and the presiding officer of each house of the legislature a report that includes:
(1)  a comprehensive review of the adult protective services division's overall performance during the preceding quarter; and
(2)  a summary of the adult protective services division's performance during the preceding quarter on each of the outcome measures established under Subsection (b)(1).
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.04(a), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.20, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.93, eff. April 1, 2025.