reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter A - DEFINITIONS › Section 705.101 - How are the terms in this chapter defined?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Administrative law
				  judge--An attorney who serves as a hearings examiner in a due process hearing,
				  including a release hearing or Employee Misconduct Registry (EMR)
				  hearing.
(2) Adult--A person aged
				  18 or older, or an emancipated minor.
(3) Adult with a disability--A person aged 18
				  or older, or an emancipated minor, with a physical, mental, or developmental
				  disability that substantially impairs the person's ability to adequately
				  provide for his or her own care or protection.
(4) Allegation--An assertion that an alleged
				  victim is in a state of or at risk of harm due to abuse, neglect, or financial
				  exploitation.
(5) Alleged
				  perpetrator--A person who is reported to be responsible for the abuse, neglect,
				  or financial exploitation of an alleged victim.
(6) Alleged victim--An adult with a
				  disability or an adult aged 65 or older who has been reported to APS to be in a
				  state of or at risk of harm due to abuse, neglect, or financial
				  exploitation.
(7) Alleged
				  victim/perpetrator--An adult with a disability or an adult aged 65 or older who
				  has been reported to APS to be in a state of or at risk of
				  self-neglect.
(8) APS--Adult
				  Protective Services, a division of DFPS.
(9) Capacity to consent to protective
				  services--Having the mental and physical ability to understand the services
				  offered and to accept or reject those services knowing the consequences of the
				  decision.
(10) Caretaker--
(A) A guardian, representative payee, or
				  other person who by act, words, or course of conduct has acted so as to cause a
				  reasonable person to conclude that the person has accepted the responsibility
				  for protection, food, shelter, or care for an alleged victim;
(B) An employee of a home and community
				  support services agency (HCSSA) providing non-Medicaid services to an alleged
				  victim; or
(C) A person, including
				  a family member, privately hired and receiving monetary compensation to provide
				  personal care services, as defined in Texas Health and Safety Code, §
											142.001
				  (22-a), to an alleged victim.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter A - DEFINITIONS › Section 705.103 - How is abuse defined?

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, when the alleged perpetrator is a
					 caretaker, family member, or other person who has an ongoing relationship with
					 the alleged victim, abuse is defined as:
(1) the negligent or willful infliction of
				  injury, unreasonable confinement, intimidation, or cruel punishment with
				  resulting physical or emotional harm or pain to the alleged victim;
				  or
(2) sexual abuse of the alleged
				  victim, including any involuntary or nonconsensual sexual conduct that would
				  constitute an offense under Texas Penal Code, Section
				  21.08, (indecent exposure)
				  or Texas Penal Code, Chapter 22, Assaultive Offenses.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter A - DEFINITIONS › Section 705.105 - How is neglect defined?

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, neglect is defined as the failure to
					 provide for oneself the goods or services, including medical services, which
					 are necessary to avoid physical or emotional harm or pain or the failure of a
					 caretaker to provide such goods or services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter A - DEFINITIONS › Section 705.107 - How is financial exploitation defined?

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, when an alleged perpetrator is a
					 caretaker, family member, or other person who has an ongoing relationship with
					 the alleged victim, financial exploitation is defined as the illegal or
					 improper act or process of the alleged perpetrator using, or attempting to use,
					 the resources of the alleged victim, including the alleged victim's Social
					 Security number or other identifying information, for monetary or personal
					 benefit, profit, or gain without the informed consent of the alleged
					 victim.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter C - APS PROGRAM OVERVIEW › Section 705.301 - What is DFPS's policy on training APS staff?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS provides the professional
				  development of all APS staff through training and education programs in
				  compliance with Texas Human Resources Code, §
										40.035, and
				  Chapter 702, Subchapter G of this title (relating to Training and
				  Education).
(b) APS training
				  incorporates actual case examples that are realistic and indicative of staff's
				  current or prospective duties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter C - APS PROGRAM OVERVIEW › Section 705.303 - How does DFPS educate the public about APS?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS conducts a statewide public
				  awareness campaign to educate the public regarding abuse, neglect, and
				  financial exploitation of alleged victims and to reduce the incidences of
				  maltreatment involving adults with disabilities and adults aged 65 or
				  older.
(b) Based on available
				  funding, DFPS utilizes a selection of:
(1)
				  public service announcements;
(2)
				  program brochures and literature;
(3) a prevention website; and
(4) speaking engagements, by enlisting the
				  assistance of community organizations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter E - ALLEGATION PRIORITIES › Section 705.501 - How are allegations prioritized?

Current through Reg. 49, No. 28; July 12, 2024
(a) APS assigns the following priorities to
				  reported allegations:
(1) Priority
				  I--Allegation that the alleged victim is in a state of serious harm or is in
				  danger of death from abuse or neglect.
(2) Priority II--Allegation that the alleged
				  victim is abused, neglected, or financially exploited and, as a result, is at
				  risk of serious harm.
(3) Priority
				  III--Allegation that the alleged victim is in a state of abuse or neglect when
				  the severity and immediacy of the allegation do not meet the definitions in
				  paragraphs (1) or (2) of this subsection.
(4) Priority IV--Allegation that the alleged
				  victim is financially exploited when there is no serious harm.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter G - ELIGIBILITY › Section 705.701 - Who is eligible for emergency protective services?

Current through Reg. 49, No. 28; July 12, 2024
Emergency protective services may be provided to an alleged
					 victim who is also the subject of an investigation conducted by HHSC PI
					 and:
(1) receives services from a
				  provider as defined by Texas Human Resources Code, §
										48.251(a)(9);
				  or
(2) lives in a residence that is
				  owned, operated or controlled by a provider of home and community-based
				  services under the home and community-based services waiver program described
				  by Texas Government Code, §
										534.001(11)(B),
				  regardless of whether the alleged victim is receiving services under that
				  waiver program from the provider.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter G - ELIGIBILITY › Section 705.703 - Who is eligible for purchased client services?

Current through Reg. 49, No. 28; July 12, 2024
Purchased client services may be provided to an alleged
					 victim who is receiving protective services and has a service plan developed by
					 APS indicating that purchased client services are needed to remedy abuse,
					 neglect, or financial exploitation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter G - ELIGIBILITY › Section 705.705 - When are purchased client services available?

Current through Reg. 49, No. 28; July 12, 2024
(a) Other state and local resources must be
				  used before purchased client services are expended in accordance with Texas
				  Human Resources Code, §
										48.205.
(b) Not all purchased client services are
				  available in all geographic areas of the state. DFPS may limit the units of
				  service or length of time that clients can receive purchased client services,
				  based upon service plans, availability of funds, and availability of service
				  providers.
(c) If the region does
				  not have sufficient funds to provide purchased client services to all eligible
				  clients, the client will not be able to receive purchased client services at
				  the time the client is determined eligible. Clients who are still in need of
				  purchased client services when services are available will be given priority
				  based upon the date of the service plan indicating the need for purchased
				  client services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter I - FAMILY VIOLENCE › Section 705.901 - What actions does APS perform when alleged victims are also victims of family violence?

Current through Reg. 49, No. 28; July 12, 2024
(a) When APS staff
				  validates an allegation that an alleged victim is a victim of family violence
				  as specified in Texas Family Code, §
										71.004, APS staff:
(1) documents that the alleged victim is a
				  victim of family violence; and
(2)
				  provides the alleged victim with written information in the alleged victim's
				  preferred language, as available, concerning community services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter I - FAMILY VIOLENCE › Section 705.903 - Can DFPS apply for protective orders?

Current through Reg. 49, No. 28; July 12, 2024
When APS staff validates an allegation that an alleged
					 victim is a victim of family violence as specified in Texas Family Code, §
										71.004, DFPS may apply
					 for a protective order to protect the victim. Before DFPS files the protective
					 order, APS staff contacts the victim and a non-abusive adult member of the
					 household, if available:
(1) to notify
				  them of DFPS's intent to file a protective order; and
(2) to request assistance in developing a
				  safety plan for the protection of the victim and any non-abusive household
				  members.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter K - INVESTIGATIONS › Section 705.1101 - What assessments does APS use?

Current through Reg. 49, No. 28; July 12, 2024
(a) APS uses a series of three assessments.
(1) Safety assessment. When APS investigates,
				  APS uses a safety assessment to determine if the alleged victim is in imminent
				  risk of abuse, neglect, or financial exploitation, or is in a state of abuse,
				  neglect, or financial exploitation and needs protective services. A safety
				  assessment helps APS determine current danger factors and if immediate
				  intervention is necessary to mitigate them.
(2) Risk of recidivism assessment: If APS
				  validates abuse, neglect, or financial exploitation, APS uses a risk of
				  recidivism assessment to help determine whether the client is at low, moderate,
				  or high risk of being an alleged victim within the next 12 months.
(3) Strengths and needs assessment: If APS
				  validates abuse, neglect, or financial exploitation and provides protective
				  services, APS uses a strengths and needs assessment to help develop a service
				  plan appropriate to the client's needs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter K - INVESTIGATIONS › Section 705.1103 - When must an APS caseworker consult with a supervisor regarding a case?

Current through Reg. 49, No. 28; July 12, 2024
An APS caseworker must consult with a supervisor regarding
					 a case when:
(1) abuse, neglect, or
				  financial exploitation is validated;
(2) the client has a current threat to his or
				  her life or physical safety; and
(3) the client refuses to accept services or
				  withdraws a previous acceptance of services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter M - RELEASE HEARINGS › Section 705.1301 - How are terms in this subchapter defined?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1)
				  Emergency--Abuse, neglect, or financial exploitation which, without immediate
				  intervention, would result in a child or an adult with a disability or aged 65
				  or older being in a state of or at risk of serious harm.
(2) Release--The release of data outside of
				  DFPS without the designated perpetrator's consent, except for data released as
				  allowed by law or in accordance with this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter M - RELEASE HEARINGS › Section 705.1303 - Does the designated perpetrator have the right to appeal?

Current through Reg. 49, No. 28; July 12, 2024
(a) When APS staff validates an allegation of
				  abuse, neglect, or financial exploitation against a designated perpetrator and
				  an entity or employer (such as a contracting agency or senior center) allows
				  such designated perpetrator to have access to adults with disabilities, adults
				  aged 65 or older, or children, then the APS caseworker may notify the entity of
				  the findings by complying with this subchapter. If the findings are to be
				  released to any entity or employer, the designated perpetrator must be given
				  prior written notification, except in emergencies, and an opportunity to
				  request an Administrative Review of Investigative Findings and a hearing before
				  the State Office of Administrative Hearings.
(b) If the designated perpetrator is an
				  employee as defined in § 705.1505 of this chapter (relating to How are the
				  terms in this subchapter defined?) and subject to placement on the Employee
				  Misconduct Registry established under Texas Health and Safety Code, Chapter
				  253, the perpetrator may request a hearing as described in Subchapter O of this
				  chapter (relating to Employee Misconduct Registry).
(c) A designated perpetrator who is offered
				  an EMR hearing under subsection (b) of this section may not also request a
				  release hearing, as described in this chapter, relating to the same allegations
				  of abuse, neglect, or financial exploitation.
(d) DFPS may elect to offer due process for
				  an emergency release in an EMR hearing, as described in Subchapter O of this
				  chapter (relating to Employee Misconduct Registry).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter M - RELEASE HEARINGS › Section 705.1305 - How is the designated perpetrator notified of the intent to release?

Current through Reg. 49, No. 28; July 12, 2024
(a) The caseworker
				  must give written notification to each designated perpetrator if:
(1) allegations of abuse, neglect, or
				  financial exploitation are validated;
(2) the findings are to be released outside
				  of DFPS to an entity or employer which allows the designated perpetrator access
				  to adults with disabilities, adults aged 65 or older, or children;
				  and
(3) the designated perpetrator,
				  as a result of the release, may be denied a right or privilege, such as
				  employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter M - RELEASE HEARINGS › Section 705.1307 - What is the designated perpetrator's role during an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a) The designated
				  perpetrator may:
(1) appear in person at the
				  administrative review and may be accompanied by a representative;
(2) submit written material that is relevant
				  to the case; or
(3) have a
				  certified interpreter provided by DFPS if the designated perpetrator does not
				  speak English or is deaf, or may provide his own interpreter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter M - RELEASE HEARINGS › Section 705.1309 - Are administrative reviews open to the general public?

Current through Reg. 49, No. 28; July 12, 2024
Administrative reviews are closed to the general public
					 consistent with the required statutory confidentiality of DFPS records. Only
					 the designated perpetrator and the designated perpetrator's representative may
					 be present.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter M - RELEASE HEARINGS › Section 705.1311 - Who is notified of the confidential decision?

Current through Reg. 49, No. 28; July 12, 2024
If the final outcome of the appeal or any subsequent
					 litigation alters or reverses the APS findings, everyone notified of the
					 original findings must be notified of the final decision. Notification may be
					 in the same form as the original notification. The decision is confidential and
					 may be disclosed only as allowed by law or this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1501 - What is the purpose of this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to implement Texas Human
					 Resources Code, Chapter 48, Subchapter I (relating to the Employee Misconduct
					 Registry), as it applies to APS investigations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1503 - To which investigations does this subchapter apply?

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to APS
				  investigations involving an employee as defined in § 705.1505 of this
				  subchapter (relating to How are the terms in this subchapter
				  defined?).
(b) Notwithstanding
				  subsection (a) of this section, a certified nurse aide who commits reportable
				  conduct while working for an agency is eligible to be reported to the EMR, as
				  provided by Texas Health and Safety Code, §
										253.001(3).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1505 - How are the terms in this subchapter defined?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Agency--A home and
				  community support services agency licensed under Texas Health and Safety Code,
				  Chapter 142.
(2) Employee--A person
				  who:
(A) works for an agency;
(B) provides personal care services, active
				  treatment, or any other services to an alleged victim; and
(C) is not licensed by the state to perform
				  the services the person performs for the agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1507 - How is reportable conduct defined for the purpose of this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) Reportable
				  conduct as defined in Texas Human Resources Code, §
										48.401,
				  includes:
(1) abuse or neglect that causes or
				  may cause death or harm to an alleged victim or client;
(2) sexual abuse of an alleged victim or
				  client;
(3) financial exploitation
				  of an alleged victim or client in an amount of $25 or more; and
(4) emotional, verbal, or psychological abuse
				  that causes harm to an alleged victim or client.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1509 - What notice does DFPS provide to an employee before the employee's name is submitted to the Employee Misconduct Registry?

Current through Reg. 49, No. 28; July 12, 2024
When DFPS determines that an employee committed reportable
					 conduct, DFPS provides a written notice (Notice of Finding) to the employee.
					 The Notice of Finding includes:
(1) a
				  brief summary of the incident that resulted in a validated finding of abuse,
				  neglect, or financial exploitation and a brief explanation of why the finding
				  meets the definition of reportable conduct;
(2) a statement of the employee's right to
				  dispute the finding by filing a request for hearing (Request for EMR Hearing)
				  and the instructions for doing so;
(3) a statement that DFPS will submit the
				  employee's name for inclusion in the Employee Misconduct Registry if the
				  employee accepts the finding of reportable conduct;
(4) an explanation of how the employee may
				  obtain a copy of the investigation records;
(5) a statement that a person whose name is
				  recorded in the Employee Misconduct Registry is prohibited by law from working
				  for certain facilities or agencies, as provided under Texas Health and Safety
				  Code, Chapters 250 and 253;
(6) a
				  statement that DFPS may determine that the situation is an emergency and that
				  the case information or finding may be released immediately to the agency where
				  the employee is or was employed so that the agency may take any precautions it
				  determines necessary to protect clients;
(7) a statement that DFPS reserves the right
				  to make an emergency release of the findings to any subsequent employer of the
				  employee if the employee has access to similar clients;
(8) a statement that the employee is
				  responsible for keeping DFPS timely informed of the employee's current
				  employment and residential contact information, including addresses and phone
				  numbers, pending the outcome of any appeal filed by the employee; and
(9) a statement that if the employee fails,
				  without good cause, to file a timely Request for EMR Hearing, the employee will
				  be deemed to have waived the employee's rights to dispute the finding and the
				  employee's name will be submitted to the Employee Misconduct
				  Registry.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1511 - How is the Notice of Finding provided to an employee, and who is responsible for ensuring that DFPS has a valid mailing address for an employee?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Notice of Finding is mailed to the
				  employee's last known address by first-class mail and by certified mail, return
				  receipt requested.
(b) If DFPS
				  knows the employee's last known address is incorrect, or if the employee fails
				  to provide an address, DFPS may hand-deliver the Notice of Finding to the
				  employee. The affidavit of the person delivering the notice is proof of such
				  notice.
(c) It is the
				  responsibility of the employee to provide DFPS with a valid address where
				  notice can be mailed or, if no address is available, with valid contact
				  information, including telephone numbers. It is also the responsibility of the
				  employee to immediately notify DFPS of any change of address or contact
				  information throughout the investigation and pending the outcome of an EMR
				  hearing or any appeal of an EMR hearing decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1513 - How does an employee dispute a finding of reportable conduct and what happens if the Request for EMR Hearing is not filed or not filed properly?

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee may dispute a finding of
				  reportable conduct by submitting a Request for EMR Hearing. The Notice of
				  Finding contains instructions for filing the Request for EMR Hearing.
(b) The employee is deemed to have accepted
				  the finding of reportable conduct and DFPS submits the employee's name for
				  inclusion in the Employee Misconduct Registry if the employee:
(1) does not file a Request for EMR
				  Hearing;
(2) fails to file the
				  Request for EMR Hearing before the deadline has passed, as provided under
				  § 705.1515 of this chapter (relating to What is the deadline for filing
				  the Request for EMR Hearing?); or
(3) files a Request for EMR Hearing, but
				  fails to follow the filing instructions and, as a result, DFPS does not receive
				  the Request for EMR Hearing in a timely manner or cannot determine the matter
				  being disputed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1515 - What is the deadline for filing the Request for EMR Hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) The employee must file the Request for
				  EMR Hearing no later than 30 calendar days from the date the employee receives
				  the Notice of Finding.
(b) A Notice
				  of Finding is presumed received by the employee on the date of delivery as
				  indicated on the certified mail return receipt. If the certified envelope is
				  returned unclaimed, but the first-class envelope is not returned, the Notice of
				  Finding is presumed received on the third business day following the date the
				  notice was mailed to the employee's last known address. A personally delivered
				  Notice of Finding is presumed received on the date of delivery as indicated on
				  the affidavit of the person delivering the notice.
(c) If the Request for EMR Hearing is
				  submitted by mail, the envelope must be postmarked no later than 30 days after
				  the date the employee received the Notice of Finding. If the Request for EMR
				  Hearing is hand-delivered or submitted by fax, the request must be received in
				  the appropriate DFPS office by 5:00 p.m., no later than 30 days from the date
				  the employee received the Notice of Finding.
(d) If an employee files the Request for EMR
				  Hearing after the deadline, DFPS notifies the employee that the request was not
				  filed by the deadline, no EMR hearing will be granted, and the employee's name
				  will be submitted for inclusion in the Employee Misconduct Registry.
(e) If an employee disputes the fact that the
				  Request for EMR Hearing was filed late, the employee may file a request for a
				  telephonic hearing, to be conducted by an administrative law judge, and limited
				  solely to the issue of whether the Request for EMR Hearing was filed on time.
				  If, as a result of that hearing, the employee proves that the original Request
				  for EMR Hearing was filed on or before the deadline, a separate hearing will be
				  scheduled as soon as possible on the issue of whether the employee committed
				  reportable conduct.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1517 - Is the finding of reportable conduct ever reversed without conducting a hearing?

Current through Reg. 49, No. 28; July 12, 2024
Before a hearing, DFPS, in its sole discretion, may
					 designate a person to conduct a review of the investigation records. If a
					 review of the records results in a reversal of the finding of reportable
					 conduct, DFPS will send the employee a new Notice of Finding, which will
					 indicate that the employee's name will not be submitted to the Employee
					 Misconduct Registry. If the review does not result in a reversal of the finding
					 of reportable conduct, a hearing will be scheduled, as described in this
					 subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1519 - When and where will the EMR hearing take place and who conducts the hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) An EMR hearing
				  is conducted by an administrative law judge with HHSC. The administrative law
				  judge is responsible for scheduling the date, time, and location for the
				  hearing. At the discretion of the administrative law judge, a pre-hearing
				  conference may be conducted in person or by phone before the scheduling or
				  conduct of the EMR hearing.
(b) The
				  administrative law judge sends the parties a notice of a hearing providing the
				  date, time, and location for the hearing, as well as the name of the
				  administrative law judge, and how to contact the administrative law
				  judge.
(c) The hearing is usually
				  held in the same DFPS region where the alleged reportable conduct took place.
				  The administrative law judge reserves the right to take all or some of the
				  testimony at the hearing by telephone or video conference and may consider a
				  request by any party to have the hearing conducted in a different location for
				  good cause.
(d) If a criminal case
				  against the employee arises because of the same reportable conduct, DFPS may
				  postpone the EMR hearing until the criminal case resolves.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1521 - May an employee or DFPS request that the EMR hearing be rescheduled?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Both the employee and DFPS may request that the
					 administrative law judge reschedule the hearing for good cause. Except in cases
					 of emergency, the request to reschedule the hearing must be made no later than
					 three business days prior to the hearing date. The administrative law judge
					 must grant the request if good cause is shown.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1523 - May an employee withdraw a Request for EMR Hearing after it is filed?

Current through Reg. 49, No. 28; July 12, 2024
Yes. An employee may withdraw a Request for EMR Hearing any
					 time before the hearing is conducted. An employee who withdraws a Request for
					 EMR Hearing is deemed to have accepted the finding of reportable conduct, and
					 DFPS submits the employee's name for inclusion in the Employee Misconduct
					 Registry.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1525 - What happens if a party fails to appear at a pre-hearing conference or a hearing on the merits?

Current through Reg. 49, No. 28; July 12, 2024
(a) If either
				  party fails, without good cause, to appear at a scheduled pre-hearing
				  conference or a hearing on the merits, the administrative law judge may issue a
				  default judgment against the party that failed to appear.
(b) A party against whom a default judgment
				  is rendered may, within 10 calendar days of receipt of the default judgment,
				  request a hearing on the issue of whether good cause existed for failing to
				  appear.
(c) The administrative law
				  judge may make a determination on the issues of good cause based on a review of
				  the assertions and evidence submitted with the party's request for a good cause
				  hearing or may schedule the matter for a hearing if additional testimony and
				  evidence are deemed necessary for making the good cause finding. If a hearing
				  is scheduled on the issue of good cause for failure to appear, the
				  administrative law judge may limit the hearing solely to the issue of good
				  cause or may combine the hearing with other pre-hearing conference matters or
				  with the hearing on the merits, at the discretion of the administrative law
				  judge.
(d) Unless a default
				  judgment for failure to appear is challenged and reversed, as described in
				  subsections (b) and (c) of this section, the default judgment is considered the
				  final order (Final Order) of DFPS and may not be further appealed except as
				  provided under § 705.1531 of this chapter (relating to How is judicial
				  review requested and what is the deadline?).
(e) If a default judgment rendered against an
				  employee becomes the Final Order, DFPS will submit the employee's name for
				  inclusion in the Employee Misconduct Registry in the same manner as it would
				  following any other Final Order that affirms the finding of reportable conduct,
				  as provided in this subchapter.
(f)
				  If a default judgment rendered against DFPS becomes the Final Order, DFPS shall
				  amend its records to reverse the findings at issue in the EMR hearing and shall
				  issue an amended Notice of Finding to the employee reflecting that
				  change.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1529 - How and when is the decision made after the EMR hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge will prepare
				  a dispositive order that may become final (Final Order), which will be mailed
				  to the employee at the employee's last known mailing address. The Final Order
				  must contain the following:
(1) separate
				  statements of the findings of fact and conclusions of law that uphold, reverse,
				  or modify the findings as to whether:
(A) the
				  employee committed abuse, neglect, or financial exploitation; and
(B) the abuse, neglect, or financial
				  exploitation committed by the employee meets the definition of reportable
				  conduct; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1531 - How is judicial review requested and what is the deadline?

Current through Reg. 49, No. 28; July 12, 2024
(a) A timely motion for rehearing is a
				  prerequisite to judicial review and must be filed in accordance with Texas
				  Government Code, Chapter 2001, Subchapters F and G. The motion for rehearing
				  must be served on the administrative law judge and on DFPS's attorney of
				  record.
(b) To seek judicial review
				  of a Final Order, a party must file a petition for judicial review in a Travis
				  County district court, in accordance with Texas Government Code, Chapter 2001,
				  Subchapters F and G.
(c) Judicial
				  review by the court is under the substantial evidence rule, as provided by
				  Texas Human Resources Code, §
										48.406.
(d) Unless citation for a petition for
				  judicial review is served on DFPS within 90 days after the date on which the
				  order under review becomes final, DFPS submits the employee's name for
				  inclusion in the Employee Misconduct Registry. If valid service of citation is
				  received after the employee's name has been recorded in the registry, DFPS
				  requests that the employee's name be removed from the registry pending final
				  disposition on judicial review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter O - EMPLOYEE MISCONDUCT REGISTRY › Section 705.1533 - What action does DFPS take when an employee's administrative case is fully resolved or has reached final disposition?

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee's administrative case is
				  fully resolved or has reached final disposition if the employee has been found
				  to have committed reportable conduct and the employee has received or is no
				  longer eligible for:
(1) an EMR
				  hearing;
(2) a rehearing of the
				  employee's case following an EMR hearing; or
(3) judicial review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1901 - What is the purpose of this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to explain to whom and
					 under what circumstances DFPS may disclose APS case records made confidential
					 under Texas Human Resources Code, §
										48.101 and
					 §
										48.102, and
					 Texas Family Code, §
										261.201.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1903 - To which investigations does this subchapter apply?

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to investigations conducted by APS
					 under Texas Human Resources Code, Chapter 48, and Texas Family Code, §
										261.404.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1905 - What definitions apply to this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
					 unless the context clearly indicates otherwise:
(1) Case records--All records described in
				  Texas Human Resources Code, §
										48.101 or §
										48.102, which
				  were collected, developed, or used in an abuse, neglect, or financial
				  exploitation investigation, or in providing services as a result of an
				  investigation, and which are under the custody and control of DFPS.
(2) Investigation records--That portion of
				  the records described in Texas Human Resources Code, §
										48.101 or §
										48.102, which
				  were collected, developed, or used in an abuse, neglect, or financial
				  exploitation investigation and which are under the custody and control of
				  DFPS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1907 - Who has the right to obtain all or part of confidential case records maintained by DFPS?

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon request and to
				  the extent required by state or federal law, DFPS makes the case records or
				  portions of case records for a living APS client available after appropriate
				  redactions to the following persons:
(1) the
				  APS client;
(2) the court appointed
				  guardian of an APS client;
(3) an
				  attorney, attorney ad litem, or other court appointed legal representative of
				  an APS client;
(4) the APS client's
				  Disability Rights Texas representative;
(5) an alleged or designated perpetrator of
				  abuse, neglect, or financial exploitation of an APS client. The perpetrator is
				  only entitled to those portions of the investigation records that relate to the
				  alleged or designated perpetrator; and
(6) a person, including a reporter,
				  interviewed as a part of an investigation of abuse, neglect, or financial
				  exploitation. The person is only entitled to that portion of the investigation
				  record that relates to that person's interview.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1909 - Are there others who may have access to APS records?

Current through Reg. 49, No. 28; July 12, 2024
DFPS must make case records available after any required
					 redactions to the following persons:
(1) local, state, or federal law enforcement
				  officials for the purpose of investigating crimes related to:
(A) allegations of abuse, neglect, or
				  financial exploitation of an APS client;
(B) allegations of false or malicious
				  reporting of alleged abuse, neglect, or financial exploitation of an APS
				  client; or
(C) failure to report
				  alleged abuse, neglect, or financial exploitation of an APS client;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1911 - When may case records be released under this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) Records may not be released until:
(1) the investigation is complete;
(2) a proper request has been received, if
				  required; and
(3) the records have
				  been properly redacted.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1913 - When may DFPS withhold records to which the requester is otherwise entitled?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notwithstanding any other provision in this subchapter, DFPS must not disclose
				  any record or information which, if released to the requester, would:
(1) interfere with an ongoing criminal
				  investigation or prosecution; or
(2) in the judgment of DFPS, the release of
				  that information would endanger the life or safety of any person. DFPS will
				  keep a record of any information not released and must document why the
				  information would be likely to endanger the life or safety of a person.
				  Information withheld from a requester under this subsection, as well as the
				  reason for withholding information under this subsection, must be released only
				  upon a court order pursuant to the provisions in Texas Human Resources Code,
				  §
											48.101(c).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1915 - What other way may records be accessed?

Current through Reg. 49, No. 28; July 12, 2024
Persons not otherwise authorized to obtain records under
					 this subchapter or through the rules of civil or criminal procedure must obtain
					 a court order using the procedures outlined in Texas Human Resources Code,
					 §
										48.101.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1917 - Are records redacted before release?

Current through Reg. 49, No. 28; July 12, 2024
(a) Information is redacted based on the
				  eligibility or entitlement of the requester and whether the requester is
				  entitled to the information by law.
(b) With the exception of release to law
				  enforcement and prosecutors as specified in paragraphs § 705.1909(1) and
				  (2) of this chapter (relating to Are there others who may have access to APS
				  records?), DFPS must redact case records to remove the name, address, and any
				  other information in the record which reveals the identity of any person as a
				  "reporter." If a person who was a reporter also provided a witness statement or
				  other evidence during the course of the investigation that person's identity as
				  a witness, as well as the information provided by that person in the role of a
				  witness, will be released, provided that any information that might identify
				  that person as the reporter is redacted.
(c) DFPS must withhold the release of any
				  records obtained from another source, if the release of that record to this
				  requester is specifically prohibited under state or federal law. Information
				  which may be withheld under this section includes, but is not limited to, the
				  following:
(1) all medical records subject to
				  Texas Occupations Code, Chapter 159, unless their release to the requester is
				  authorized by that chapter or other law;
(2) non-physician medical records unless
				  their release to the requester is specifically authorized by law;
(3) criminal history or arrest records
				  obtained from law enforcement unless their release to the requester is
				  specifically authorized under state and federal law; and
(4) adult or juvenile probation records
				  unless their release to the requester is specifically authorized under state
				  and federal law.