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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705ADULT PROTECTIVE SERVICES
SUBCHAPTER ADEFINITIONS
RULE §705.1001How are the terms in this chapter defined?

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Adult--A person aged 18 or older, or an emancipated minor.

  (2) Allegation--An assertion that an alleged victim is in a state of or at risk of harm due to abuse, neglect, or financial exploitation.

  (3) Alleged perpetrator--A person who is reported to be responsible for the abuse, neglect, or financial exploitation of an alleged victim.

  (4) Alleged victim--An adult with a disability or aged 65 or older who has been reported to adult protective services to be in a state of or at risk of harm due to abuse, neglect, or financial exploitation.

  (5) Alleged victim/perpetrator--An adult with a disability or aged 65 or older who has been reported to APS to be in a state of or at risk of self-neglect.

  (6) APS--Adult Protective Services, a division of DFPS.

  (7) 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.

  (8) Caretaker--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 he has accepted the responsibility for protection, food, shelter, or care for an alleged victim. This excludes paid caretakers as defined by this chapter.

  (9) Client--An alleged victim who has been determined in a validated finding to be in need of protective services. The alleged victim does not have to meet financial eligibility requirements.

  (10) Designated perpetrator--An alleged perpetrator who has been determined in a validated finding to have abused, neglected, or financially exploited a designated victim.

  (11) Designated victim--An alleged victim with a valid abuse, neglect, or financial exploitation finding.

  (12) Designated victim/perpetrator--An alleged victim/perpetrator with a validated self-neglect finding.

  (13) DFPS--Department of Family and Protective Services.

  (14) Emancipated minor--A person under 18 years of age who has the power and capacity of an adult. This includes a minor who has had the disabilities of minority removed by a court of law or a minor who, with or without parental consent, has been married. Marriage includes common-law marriage.

  (15) Emergency Protective Services-- Services provided to an alleged victim subject to an investigation conducted under Subchapter F, Chapter 48, Human Resources Code, to alleviate danger of serious harm or death.

  (16) Emotional harm--A highly unpleasant mental reaction with observable signs of distress, such as anguish, grief, fright, humiliation, or fury.

  (17) Home and community support services agency (HCSSA)--An agency licensed under Chapter 142, Health and Safety Code.

  (18) Intimidation--Behavior by actions or words creating fear of physical injury, death, or abandonment.

  (19) Ongoing relationship--A personal relationship that includes:

    (A) frequent and regular interaction;

    (B) a reasonable assumption that the interaction will continue; and

    (C) an establishment of trust, beyond a commercial or contractual agreement.

  (20) Paid caretaker--

    (A) An employee of a home and community support services agency (HCSSA) providing non-Medicaid services to an alleged victim; or

    (B) An individual or family member privately hired and receiving monetary compensation to provide personal care services, as defined in §142.001(22-a) of the Health and Safety Code, to an alleged victim.

  (21) Person with a disability--An adult with a physical, mental, or developmental disability that substantially impairs the adult's ability to adequately provide for his own care or protection.

  (22) Physical injury--Physical pain, harm, illness, or any impairment of physical condition.

  (23) Protective services--The services furnished by DFPS or by a protective services agency to an alleged or designated victim (including a designated victim/perpetrator) or to the alleged or designated victim's relative or caretaker if DFPS determines the services are necessary to prevent the designated victim from being in or returning to a state of abuse, neglect, or financial exploitation. These services may include social casework, case management, and arranging for psychiatric and health evaluation, home care, day care, social services, health care, respite services, and other services consistent with Human Resources Code, Chapter 48. The term does not include the investigation of an allegation of abuse, neglect, or financial exploitation. (Human Resources Code, §48.002)

  (24) Purchased Client Services--A type of protective service provided in accordance with Human Resources Code §48.002(a)(5), including, but not limited to, emergency shelter, medical, and psychiatric assessments, in-home care, residential care, heavy housecleaning, minor home repairs, money management, transportation, emergency food, medication, and other supplies.

  (25) Reporter--A person who makes a report to DFPS about a situation of alleged abuse, neglect, or financial exploitation of an alleged victim.

  (26) Serious harm--In danger of sustaining significant physical injury or death; or danger of imminent impoverishment or deprivation of basic needs.

  (27) Substantially impairs--When a disability grossly and chronically diminishes an adult’s physical or mental ability to live independently or provide self-care as determined through observation, diagnosis, evaluation, or assessment.

  (28) Sustained perpetrator--A designated perpetrator whose validated finding of abuse, neglect, or financial exploitation of a designated victim has been sustained by an administrative law judge in a due process hearing, including a release hearing or Employee Misconduct Registry (EMR) hearing, or the designated perpetrator has waived the right to a hearing.

  (29) Unreasonable confinement--An act that results in a forced isolation from the people one would normally associate with, including friends, family, neighbors, and professionals; an inappropriate restriction of movement; or the use of any inappropriate restraint.


Source Note: The provisions of this §705.1001 adopted to be effective September 1, 2012, 37 TexReg 6316; amended to be effective September 1, 2016, 41 TexReg 6216

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