Presentation on House Charge 1 relating to implementation

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

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 2

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 3

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 4

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) 5

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 6

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 7