September XX, 2015
Information Letter 15-XX
Abuse, Neglect, and Exploitation Procedures for the Consumer Directed Services Option
Page 3
September XX, 2015
To: Local Intellectual and Developmental Disability Authorities
Community Living Assistance and Support Services Case Management Agencies
Deaf Blind with Multiple Disabilities Providers
Consumer Managed Personal Attendant Services Providers
Financial Management Services Agencies
Subject: Information Letter No. 15-XX
Abuse, Neglect and Exploitation Procedures for the Consumer Directed Services Option
The purpose of this information letter is to inform you of a change in the type of investigation conducted by the Department of Family and Protective Services (DFPS) Adult Protective Services (APS) for an allegation of abuse, neglect, or exploitation (ANE) of an adult or child receiving services through the consumer directed services (CDS) option, as required by Human Resources Code, Chapter 48, Subchapter F and by Family Code, Chapter 261, Subchapter E, as amended by Senate Bill (SB) 1880 and SB 760 (84th Texas Legislature, Regular Session, 2015). This letter also describes your responsibilities related to the DFPS investigation.
Effective September 1, 2015, an allegation of ANE of an adult or child receiving services through the CDS option is investigated by the APS Provider Program, instead of the APS In-Home Program. Prior to September 1, 2015, an allegation of ANE of an adult using the CDS option was investigated by the APS In-Home Program and focused on the provision of protective services to an individual when a report of ANE was validated. The purpose of the APS Provider Program investigation is to conduct an unbiased investigation and provide the investigation report to the CDS employer so the CDS employer can take action to alleviate and prevent ANE.
If one of the following persons is the alleged perpetrator of ANE against an individual receiving service through the CDS option, the allegation will be investigated through the APS Provider Program, in accordance with Human Resources Code, Chapter 48, Subchapter F:
· a CDS employee;
· a case manager;
· a service coordinator; or
· a representative of an FMSA.
The ways a person can report an allegation of ANE have not changed. To report ANE, call
1-800-252-5400 or visit www.txabusehotline.org.
Responsibilities of LIDDAs, CLASS CMAs and DBMD and CMPAS Providers
Initial Intake Report
· When DFPS receives an allegation of ANE related to services delivered through the CDS option, APS will provide the initial intake report to the CDS employer and the individual’s case manager or service coordinator. Some information contained on the initial intake report may be redacted to protect the confidentiality of the person reporting the allegation and other individuals receiving services.
· The case manager or service coordinator must, within five business days after receipt of the initial intake report:
o notify the individual’s FMSA of the initial allegation using DADS Form 2067, Case Information; and
o convene a service planning team (SPT) meeting in person or by phone in which:
§ the SPT discusses the actions the CDS employer has taken or will take to ensure the individual’s protection during the DFPS investigation, which may include implementing the service backup plan to allow someone other than the CDS employee who is the alleged perpetrator to provide services; and
§ documents in writing any actions that have been or will be taken as a result of the allegation.
o The case manager or service coordinator follows normal procedures in accordance with Texas Administrative Code, Title 40, §41.407(e).
Final Investigation Report
· After the investigation is complete, APS will send a final investigation report, including findings, to the CDS employer and to the case manager or service coordinator.
· The case manager or service coordinator must, within five business days after receipt of the final report:
o notify the individual’s FMSA of the findings using DADS Form 2067, Case Information; and
o if requested by the CDS employer, convene an SPT meeting in person or by phone, in which the SPT discusses the findings and documents, in writing, any actions that have been or will be taken by the CDS employer as a result of the findings. DADS Form 1741, Corrective Action Plan, may be used for this purpose.
· The case manager or service coordinator follows normal procedures in accordance with Texas Administrative Code, Title 40, §41.407(e).
Responsibilities of CDS Employers
· In the event of a DFPS APS investigation of an allegation of ANE against a CDS employee, case manager, service coordinator, or FMSA representative, CDS employers have a responsibility to:
o ensure protection of the individual receiving services;
o preserve evidence, such as timesheets and other employee-related documentation, in accordance with DFPS instructions; and
o cooperate in the APS investigation, including providing requested documentation and participating in interviews as requested by DFPS.
· CDS employers must use the final investigation report received from APS to complete the Notification of Investigatory Findings and send to the FMSA for release to the alleged perpetrator.
Responsibilities of FMSAs
· If an FMSA receives notification of an allegation and findings from a case manager or service coordinator, the FMSA must retain Form 2067, Case Information, in the CDS employer’s record.
· The FMSA may participate as a member of a SPT meeting if requested by the CDS employer and agreed to by the FMSA, in accordance with 40 TAC §41.313(a).
· FMSAs must provide the Notification of Investigatory Findings to the alleged perpetrator on behalf of the CDS employer. The notification must be provided to the alleged perpetrator within three business days after receipt from the CDS employer.
· FMSAs must provide a copy of the attached letter to CDS employers by October 30th, 2015.
If you have questions about this letter, please contact DADS at .
Sincerely,
[signature on file] [signature on file]
Michelle Martin Elisa J. Garza
Interim Director Assistant Commissioner
Center for Policy and Innovation Access and Intake