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Abstract: 

Recent changes in Human Resources Code 48 mandate the development and implementation of risk assessment criteria, annual community satisfaction surveys (subject to the availability of funds), and “special task units” in communities of 250,000 or more to monitor “complex cases.” The investigating agency is required to report immediately to law enforcement when it has cause to believe that the abuse, neglect, or exploitation constitutes a criminal offense. Formerly, the law held that this report had to be made after the completion of the investigation. Another provision classifies as “recidivist” reports on clients on whom the department has completed two prior investigations. This provision requires a management review of these cases to assist the caseworker and supervisor in investigating the third report and developing a long-term resolution of the case. According to anecdotal reports from APS staff, a significant percentage of their caseloads comprise self-neglect situations in which the client is unable to meet basic needs due to poverty and lack of adequate health and human services in the state. Given this socioeconomic environment and the fact that the period of recidivism is not specified, the statute as written appears to constitute a huge new workload for APS managers. Not to mention that apparently expecting APS staff to achieve long-term resolution of chronic social problems in the state is hardly realistic.

Keywords: changes in Human Resources Code 48; provision requires a management review; period of recidivism

Affiliations:  1: Texas APS program, retired.