1. House Human Services Committee
Presentation on House Charge 1 relating to implementation of the Department of Justice settlement agreement and SB 643 (81R)
Presented to:
House Human Services Committee
March 23, 2010
Beth Engelking, Assistant Commissioner
Adult Protective Services

2. Texas Department of Family and Protective Services
Overview of Legislative Requirements
Conduct investigations in privately-operated ICFs-MR beginning in June, 2010
Consult with DADS on establishment of data base using APS case information
Establish processes for working with DADS, Independent Ombudsman, and Office of Inspector General
Ensure compliance with Department of Justice Settlement Agreement

3. Texas Department of Family and Protective Services
SB 643 – Transfer of Private ICF-MR Investigations
22 additional APS staff will on board in June
Rules and policy changes are almost completed
Regional trainings with DADS for providers are being held

4. Texas Department of Family and Protective Services
SB 643 – Combined Investigative Data Base with DADS
Ability to report results of abuse, neglect, and exploitation investigations in:
State Supported Living Centers
State-Operated/Private ICFs-MR
Home and Community Services waiver group homes
Ability to report related results of DADS regulatory actions
DFPS and DADS are working together to develop the data base

5. Texas Department of Family and Protective Services
Working with DADS, Independent Ombudsman and OIG
Coordinating and communicating with DADS on various operational issues (e.g., how to access and use video surveillance information)
HHSC is finalizing the MOU
Developing plan to improve “forensic training” of APS staff (i.e., enhancing the ability to identify and report potential criminal offenses)

6. Texas Department of Family and Protective Services
Ensuring Compliance with DOJ Settlement Agreement
36 additional staff have been hired due to workload increases resulting from three policy changes for SSLC investigations
Documented supervisory review of each investigation
10-day investigation completion
Prior history review of alleged victims and alleged perpetrators
APS is working with DADS to provide needed information to Settlement Agreement monitors
APS policy and rule changes are on target
June implementation

7. Texas Department of Family and Protective Services
Looking Toward the Future
DFPS is on target in implementing the changes required in SB 643 and the DOJ Settlement
Will continue to work with DADS to provide DOJ monitors information on compliance with Settlement Agreement
Will monitor APS investigator workload to determine the impact of DOJ policy change, private ICF-MR investigations, and the increased oversight and expansion of waiver slots