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Presented to: House Human Services Committee March 23, 2010 Beth Engelking, Assistant Commissioner

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.

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Presented to: House Human Services Committee March 23, 2010 Beth Engelking, Assistant Commissioner

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  1. 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

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