MEMORANDUM OF UNDERSTANDING BETWEEN DFPS AND DADS

CONCERNING GUARDIANSHIP SERVICES

I. PARTIES TO THE AGREEMENT

This Memorandum of Dnderstanding (MOD) is between the Department ofFamily and Protective Services (DFPS) and the Department of Aging and Disability Services (DADS). In this MOD all references to "DADS II are to the Guardianship Services Program ofDADS and do not apply to other DADS programs. References to "DFPS II are limited to Adult Protective Services. A separate MOD between DADS and CPS will be developed at a later date if determined necessary. References to "the parties" mean DADS and the APS division ofDFPS.

II. PURPOSE AND LEGAL AUTHORITIES

The parties adopt this MOD pursuant to Texas Human Resources Code (hereinafter "HRC") § 48.209(c). The purposes of the MOD are to: (1) set forth the roles and duties ofeach agency regarding referral for guardianship services by DFPS under HRC § 48.209 and provision of guardianship services by DADS under HRC Subchapter E, Chapter 161; and (2) establish a framework for an effective and cooperative working relationship between the parties to benefit persons served by both agencies.

This MOD supersedes any previous MOD between the parties concerning delivery of guardianship services.

III. APS CLIENTS (Proposed DADS Wards)

A. STATEMENT OF AGREEMENTS.

1. RESPONSIBILITY FOR OBTAINING THE CERTIFICATE OF MEDICAL EXAMINATION. DADS is responsible for obtaining the initial Certificate of Medical Examination (CME) which is a fundamental element of guardianship assessment. DFPS agrees to fund the initial CME. DFPS agrees to provide all pre-existing medical, psychological or other information in its possession about a person referred to DADS. When DFPS obtains a medical assessment while determining if a person has sufficient capacity to consent to protective services or as part ofa risk assessment, DFPS agrees not to ask a physician for a CME. If, in the course and scope of the DFPS investigation, a pre-existing written statement from a physician or other professional is discovered or a written statement from a physician or other professional is acquired for the purposes of service planning which supports a lack of capacity and the need for guardianship, the parties shall follow the steps below:

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·a.

DADS will consider this information in the assessment process and consult with the physician or other professional responsible for the statement.

b. Based on the outcome of Item 1. a. above, DADS will obtain the initial CME if a LRA or an alternate guardian is not available. DADS may obtain a CME for an alternate guardian or assist an alternate guardian in obtaining one.

c. The parties agree to use a joint staffing to resolve outstanding concerns in situations where DADS does not pursue guardianship.

d. DFPS may seek a review of decision as described in Section V. of this document if concerns regarding a DADS decision not to pursue guardianship cannot be resolved at the local level through the joint staffing process.

DADS agrees to furnish DFPS with a copy of the CME obtained during the guardianship assessment within five business days following receipt of the document.

2.

RESPONSIBILITY FOR OBTAINING A DETERMINATION OF MENTAL RETARDATION (DMR), UPDATE, OR ENDORSEMENT. DADS is responsible for obtaining a DMR and its update or endorsement. Because a DMR is required to access mental retardation (MR) services for a person alleged to have MR, DFPS agrees to provide to DADS all medical, psychological, or information, including prior DMRs, about a referred person, and to provide reasonable assistance necessary to obtain a DMR and its update or endorsement.

3. ADDITIONAL CME. If there is reason to believe a subsequent CME would be beneficial, DADS may seek a subsequent CME. DADS agrees to make available to the doctor issuing the CME all case information provided by DFPS, including the referral form and any medical information received from DFPS. In addition, the doctor will be provided with the DFPS worker's name and contact information, in case the doctor has questions for DFPS.

4. CALCULATING THE TIMEFRAME REQUIRED IN HRC § 161.101. FOR FILING FOR GUARDIANSHIP. The 70 day timeframe for determining appropriateness for guardianship and filing a guardianship application begins on the day DADS receives the referral form. The 70 day timeframe ends when a decision is made and a notification provided to DFPS indicating the person is not appropriate for DADS guardianship or when an application is filed. Details concerning completeness of referrals are outlined in Section III. B.4.

5. APPLICATION OF TIMEFRAME TO DADS AND ALL ALTERNATE GUARDIANS. The 70 day time frame applies to any person, program or private professional guardian to whom DADS refers a person for guardianship. DADS shall determine the appropriateness of guardianship within 70 calendar days of the date of referral. If DADS determines guardianship is appropriate and DADS will serve as guardian, DADS shall apply within 70 calendar days of the date of the referral unless an extension is sought and approved by DFPS. IfDADS determines guardianship is appropriate and DADS refers to an alternate guardian, DADS will make the referral within sufficient time for the alternate guardian to apply within 70 calendar days ofthe date of the referral.

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6. TIME FRAME FOR COMPLETING AN ASSESSMENT AND FILING AN APPLICATION AFTER AN EOPS.

a.

When DFPS refers a person for guardianship after obtaining an Emergency Order for Protective Services (EOPS), DFPS will submit a completed referral form within three calendar days of the order, except in extenuating circumstances. DFPS agrees to make a good faith effort to obtain and share with DADS information not in the referral form which is needed to meet the statutory requirements for a guardianship application.

b. Face-to-face contact will be made with the proposed ward by DADS as expeditiously as possible. DADS will make a good faith effort to file for guardianship within 33 days except in extenuating circumstances and obtain a guardianship in an expedient manner.

c. For special procedures for referrals involving rapidly diminishing assets, see Section III. F.

7.

AGENCY CASES TO REMAIN OPEN. If guardianship is sought, DFPS and DADS agree to keep their respective cases open until Letters of Guardianship are granted, an application for guardianship is withdrawn, or guardianship is denied, dismissed or otherwise finalized by the court. DFPS is responsible for the provision of protective services until DADS or an alternate has qualified as the guardian.

8. CONFIDENTIALITY OF APS RECORDS. DADS agrees to maintain the confidentiality of APS records as provided in HRC § 48.101. DFPS agrees to maintain confidentiality of DADS records as provided in HRC § 161.111.

9. REFERRED PERSON'S RESOURCES AND BENEFITS ELIGIBILITY.

a.

PERSONS WITHOUT FUNDS OR WHO CANNOT BE MADE ELIGIBLE FOR BENEFITS: The parties understand and agree a person's own funds or the person's eligibility to receive government benefits are the only permanent source of payment for care of a ward. A person with no funds who cannot be made eligible for benefits because of immigration status or any other reason cannot be served by the DADS guardianship program. DFPS will not knowingly refer these persons for guardianship. DADS will decline to pursue guardianship of these persons if referred.

b. MEDICAID APPLICATION: IfDFPS places a person in a long-term care facility who is believed to be a U.S. citizen and Medicaid eligible, DFPS will ensure the facility makes a Medicaid application for the person. DFPS guarantees payment for the proposed ward while the Medicaid application is processed. DFPS acknowledges DADS cannot pay the cost of care of proposed wards or wards as funding for this purpose does not exist.

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c:

GUARDIANSHIP WHILE MEDICAID APPLICATION IS PENDING AND PAYMENT FOR COST OF CARE: DADS agrees to seek guardianship of the person and estate, if appropriate, while the Medicaid application is pending. DFPS agrees to guarantee payment for cost of care during the guardianship process until DADS is qualified as guardian and accesses income and resources of the ward or the Medicaid application is granted. If, after reasonable good-faith efforts to resolve the issues, the person remains ineligible and DADS is not able to access the income or resources of the proposed ward or ward, and following consultation with APS, DADS may withdraw its guardianship application or resign as guardian.

d. EXCESS INCOME OR RESOURCES: Ifthe Medicaid application is denied because the proposed ward or ward is over the income or resource limit for Medicaid, and the person lacks sufficient liquid assets to pay for the cost of care, DFPS will supplement the cost of care to the extent not covered by the person's accessible income or resources while DADS makes reasonable good-faith efforts to resolve the issues. DADS understands these cases are priority cases for DFPS because of the substantial costs which can accrue over time. If, after reasonable good-faith efforts to resolve the issues, the person remains ineligible and DADS is not able to access the income or resources of the proposed ward or ward, and following consultation with APS, DADS may withdraw its guardianship application or resign as guardian.

10. DFPS APS IN-HOME INVESTIGATIVE JURISDICTION. DFPS agrees to only refer cases to DADS arising from APS In-Home investigations ofabuse, neglect or exploitation of proper investigative jurisdiction. DFPS agrees to not initiate an in-home investigation without proper investigative jurisdiction for the purpose of making a guardianship referral to DADS. DFPS agrees guardianship in cases without APS in­home investigative jurisdiction is a county responsibility under the law.

B. APS REFERRALS TO DADS.

1.

DFPS LEGAL ACTIONS. DFPS legal actions provided in HRC Chapter 48 are for the purpose of facilitating the investigation of allegations ofANE and to provide immediate protection for an APS client. DFPS agrees to use these legal remedies for the protection of the APS client and their assets or resources in appropriate cases.

2. REFERRALS TO ENTITIES OTHER THAN DADS. DFPS agrees to make all guardianship referrals to DADS as established in HRC § 48.209 and as agreed by the parties, with the following exceptions:

a.

As required by HRC § 48.209(d), if any probate court requests DFPS notify the court ofa person "who may be appropriate for a court-initiated guardianship proceeding under Section 683, Texas Probate Code", DFPS will notify the court. If a court requests the notice, DFPS will send the referral to DADS simultaneous to notifying the court.

b. In Harris County, APS will make referrals directly to the county probate courts consistent with the pre-existing agreement with the county. In Galveston County,

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APS will make referrals directly to the county probate court consistent with the pre-existing agreement with the county.

3.

THIRD-PARTY INITIATED GUARDIANSHIP. DFPS does not encourage or advise a third-party making a guardianship 'application to seek appointment of DADS as guardian. IfDFPS staff become aware of a third-party application seeking to name DADS as guardian or any effort of a court to name DADS as guardian without DADS knowledge, DFPS will promptly notify DADS. DFPS will inform the third-party applicant that DADS should be made aware of this effort beforehand. DFPS agrees to direct inquiries about DADS guardianship to DADS.

4. REFERRAL FORM. DFPS agrees to send to DADS at the time of the referral a complete and comprehensive referral form containing the minimum referral information listed in item (a) below and to subsequently send to DADS information concerning income, resources and other hard copy information as noted in item (b) and (c) below. DFPS understands an incomplete referral form may delay the assessment by DADS, the filing of the application for guardianship, and may ultimately result in the referral being closed. Therefore, DFPS agrees that a referral form will have a response for every item to indicate no item or issue has been inadvertently overlooked.

If the referral is found to be significantly incomplete and an assessment cannot be initiated (e.g., lacking a validation of ANE, no address, contact or locating information, etc.), the individual submitting the referral and the DFPS supervisor will be notified with a request to provide the missing information within five calendar days by the DADS supervisor. If the information cannot be provided within the timeframe, the DFPS supervisor or the individual making the referral will contact the DADS supervisor to discuss the situation and develop a solution to the deficiency. The DADS Regional Operations Manager and the DFPS Regional Director will be notified of a proposed solution and will coordinate on a final decision, if necessary.

The parties agree a complete and accurate referral is critical to the timely initiation of an assessment for guardianship services. DFPS will provide accurate and comprehensive information at the point of referral to the extent possible based on the nature and type of investigation being conducted. DADS will avoid any premature closure of a referral based on missing information or on an expectation of information outside the scope of the APS investigation.

a. MINIMUM REFERRAL INFORMATION. DFPS agrees, at the time of submission, the APS referral form will contain the bulleted items noted in this subsection. If the information cannot be located, DFPS will notify DADS in writing via e-mail or by ind~cating "unable to locate" on the referral form. Items followed by an * may be unavailable at the time of a referral related to an EOPS and will be supplied by DFPS within five calendar days. If the information cannot be located or does not exist, DFPS will notify DADS.

•

Proposed ward information - person's full name, permanent address, place of residence or current location if different, date ofbirth*, social security number*, driver's license number * , race, sex, contact person at current location;

• IMPACT Person ID number;

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•

IMP ACT case number; • Alleged and designated perpetrator information, if case has a perpetrator.;. • If applicable, emergency removal information, including date of removal and a

brief synopsis of situation; • A brief synopsis of the presenting problems indicating lack of capacity, including

a statement of the recurring acts or occurrences within the preceding six-month period which support the need for guardianship, how guardianship will protect the person from risk of future ANE, and the problems which guardianship will not resolve for this person - for instance a chronically medically non-compliant person cannot be compelled by a guardian to take medication;

• Personal physician information*, ifknown; • Medical information including diagnoses and whether or not guardianship has

been discussed with a medical or mental health provider*; • APS referring worker - contact information including phone number, address and

e-mail address; • APS supervisor - contact information including phone number, address and e­

mail address; • Family members and collateral information* - name and contact information of

spouse, children, known relatives, other interested parties, including general background information on family members or friends who have been asked to become guardian for the client and refused or failed to take timely action, or who APS believes are unsuitable or incapable of protecting the client by serving as guardian and why, prior history with family members in caring for client, interfering with client's care, validation for ANE, whether approached for serving as guardian or not;

• Less restrictive alternatives which have been tried unsuccessfully, were successful but will no longer work, and were considered for the client and why APS believes the LRA will not protect the client adequately from ANE; and

• Valid finding of abuse, neglect, or exploitation.

b. INFORMATION CONCERNING ASSETS, INCOME AND RESOURCES. Asset and estate information is recognized as being necessary for DADS to have when assessing a person for guardianship. APS agrees to continue to seek to obtain the information bulleted below as it relates to the scope of an on-going APS investigation.

It is likely APS will discover information about the following three bulleted items although the information may be incomplete. DFPS will provide to DADS the information that is known at the time of referral and will promptly provide what DFPS finds during the course of the on-going investigation.

•

Power ofAttorney (POA) information; • Asset information - bank accounts (name, address, phone number, account

numbers, type of accounts, balances); and • Income information - Social Security, SSI, RSDI, retirement income, VA

benefits, Medicaid information, including claim numbers, monthly amounts, and any other source of income.

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. The following items may be discovered during an on-going APS investigation. If the information is obtained, it will be promptly provided to DADS.

•

Resource information related to medical insurance - whether the proposed ward has medical insurance other than MedicarelMedicaid and if so, provide the company name, address, phone number, and policy number and any known contact;

• Resource information related to real property - whether the proposed ward has a homestead or other real property and provide real property information to include type, address/location, mortgage status (balance ifknown), legal description (if known);

• Resource information related to personal property - whether the proposed ward has other personal property (i.e., vehicles, jewelry, household items, etc.) and, if known, a description of the property;

• Information regarding whether proposed ward has a will including the location of the will; and

• Resource information related to life insurance - whether the proposed ward has life insurance and if so, company name, address, phone number, amount, policy number and any contact if known.

c. "HARD COpy" INFORMATION. Within five calendar days of the initial referral, DFPS will send missing information to the DADS supervisor or designee, via e-mail, mail, or hand delivery. The information may include the following:

•

Resident or immigration information, as indicated; • Evidence of recurring acts or occurrences supporting incapacity within the

preceding six-month period as required under Probate Code § 684 (c); • Current investigation, history of cases, and casework information; and • Copies ofmedical assessments, DMRs, medical reports and records, bank

accounts, or any other pertinent information obtained by DFPS during the course of the DFPS investigation.

5.

ASSIST AND CONSULT. DFPS agrees to provide reasonable assistance to DADS in obtaining additional information needed to complete the guardianship assessment. DFPS and DADS staff will participate in the joint staffmg process. The purpose of the joint staffing is for DADS and DFPS to agree to communicate, collaborate and coordinate on specific referrals to ensure positive outcomes for mutual clients. Specific activity at the staffing may include DFPS providing supplemental information for consideration by DADS.

6. APS PARTICIPATION IN GUARDIANSHIP HEARING. Within five calendar days of a request from DADS or other applicant filing for guardianship, the APS caseworker will provide an affidavit for attachment to the guardianship application. This affidavit will set forth the person's circumstances DFPS found in its investigation and options considered, including any less restrictive alternatives explored by DFPS. The APS caseworker will attend the guardianship hearing without a subpoena upon provision of adequate notice by the applicant.

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C. ASSESSMENT FOR GUARDIANSHIP BY DADS.

DADS agrees to receive and process referrals for guardianship from DFPS as follows:

1.

TIMEFRAME FOR FILING APPLICATION. If guardianship is appropriate, DADS agrees to ensure an application is filed by the 70th day after DADS receives a standard referral from DFPS unless an extension is warranted and approved by DFPS. In the case of an EOPS referral, DADS agrees to follow the timeframes noted in Section III. A. 6.

2. ADDITIONAL INFORMATION FOR GUARDIANSHIP APPLICATION. DADS may request additional information from DFPS not contained on the referral form or previously provided as hard copy information. However, the applicable timeframe continues to run from the day the referral is received by DADS.

3. TIMEFRAME FOR DADS ASSESSMENT. DADS will make face-to-face contact with the proposed ward and complete its basic assessment of the person as described below. A written notification of the outcome of the assessment will be provided to DFPS and will include a statement indicating the person is appropriate for DADS guardianship or DADS guardianship is not appropriate and will not be sought. If an alternate guardian is filing, DADS will share the information with DFPS. The notice will be furnished to DFPS within the timeframes indicated below:

a.

30 days of the receipt of a standard referral unless an extension has been approved by the guardianship supervisor. DFPS will be notified of the extension.

b. 14 days of receipt of a referral involving an EOPS, unless an extension has been approved by the guardianship supervisor. DFPS will be notified of the extension.

4.

STATUS NOTIFICATION. DADS will provide an update on the status of the referral every 30 days bye-mail until Letters of Guardianship are established or the case is closed.

5. LESS RESTRICTIVE ALTERNATIVES. Pursuit ofless restrictive alternatives is a requiremeI)t. DFPS and DADS agree to the following:

a.

DFPS and DADS both pursue and finalize LRAs. Both agencies agree to work cooperatively to finalize a selected LRA.

b. The DADS written assessment will include the following statements indicating: •

The LRA was not previously used unsuccessfully with this client, or if so, what circumstances have changed which will now make the LRA successful; and

• How the LRA addresses the client's primary needs; and

c. The proposed LRA will be discussed in a joint staffing with DFPS and DADS as indicated in ASSIST AND CONSULT in III. B. 5 above.

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"6.

GUARDIANSHIP IS NOT APPROPRIATE. IfDADS believes guardianship is not an appropriate remedy for the proposed ward, then DADS explains in the written notification the issues guardianship would not resolve (e.g., inability to prevent a client who lives in the community from continuing to abuse drugs which was the basis for the APS referral).

7. DADS MONITORS THE GUARDIANSHIP PROCESS. When an application for guardianship is to be filed, DADS monitors the guardianship application process to ensure the 70 day timeframe for filing is met. If DADS is not the applicant, then DADS immediately intervenes to be made guardian when appropriate (e.g., the entity or person " to be appointed guardian, other than DADS, withdraws after the application is filed, is disqualified by the court, once appointed cannot be bonded, or is making no progress to timely pursue the guardianship). If it appears a 30 day extension for filing the application is needed, DADS follows the "Request for Extension" process outlined in Section III. D. DADS will send a notification to DFPS to inform them of the status of the case.

D. PROCEDURE FOR EXTENSION TO FILE A GUARDIANSHIP APPLICATION.

1.

As provided in HRC § 161.101 (c-2), with the approval ofDFPS, DADS may extend up to an additional 30 days, the 70 day timeframe for filing the application ifDFPS determines the request for extension is "made in good faith" and "in the best interest of the elderly or disabled person." DFPS agrees to reasonably and fairly review requests for extensions.

2. If, by the 60th day following the referral, except in extenuating circumstances, DADS determines the application for guardianship cannot be filed by the 70th day, DADS state office on behalf of the applicant may request an extension. DADS will make the request in writing to the APS Director of Performance and Policy Development (DPPD) or designee with an explanation ofwhy the extension is needed.

3. Within 48 hours or the next business day of receiving the request from DADS, the APS DPPD or designee will provide the DADS Guardianship Program Section Director (GPSD) or designee written notice when the 30 day extension is approved or denied. The DADS GPSD or designee has 48 hours or the next business day to request a review ofa denial. This request will be sent to the APS Assistant Commissioner or designee by either the GPSD or the DADS Assistant Commissioner ofAccess and Intake. The request will be reviewed by either the APS Assistant Commissioner or designee within 48 hours.

4. If the extension is not granted and the applicant cannot file by the 70 day timeframe, DADS will immediately file for guardianship.

5. If a 30 day extension is approved by DFPS, but the applicant fails to file during the 30 day extension, DADS will immediately file for guardianship.

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E . . PROCEDURE FOR RE-REFERRAL WITIDN SIX MONTHS IF LRA FAILS.

1.

If DADS or DFPS puts a LRA in place after a guardianship referral and within six months DFPS receives a new intake and validates abuse, neglect or exploitation of the person, a new referral and assessment is required. Both agencies will expedite the referral and assessment process.

2. The expedited referral and assessment process does not apply to clients without financial resources or the likelihood ofachieving eligibility for benefits to pay for care or clients for whom guardianship does not provide protection from abuse, neglect or exploitation because of lack of cooperation from the client. .

3. DFPS will make a new referral to DADS and include any new infonnation concerning the intervening events. DADS will use the previous assessment information and any new information DFPS provides to expedite the assessment process required under HRC § 161.101.

F. PROCEDURE WHEN APS CLIENT HAS RAPIDLY DIMINISHING ASSETS.

DFPS and DADS recognize a person may have rapidly diminishing financial assets which may be lost if the usual referral and assessment process timeframes are followed. Assets may be diminishing because of the referred person's mental incapacity in handling his or her own financial affairs or because ofexploitation by an alleged perpetrator. In these situations, DFPS validates one finding, refers the case to DADS, and assists DADS with obtaining infonnation and documentation necessary for a temporary guardianship application, if appropriate. DFPS acknowledges a temporary guardianship requires "imminent danger." DFPS and DADS agree to the following special process in these limited situations:

1.

DFPS will furnish information to DADS at the time of referral regarding what legal actions were pursued and the outcomes.

2. DADS will file for a temporary guardianship of the estate in order to protect the proposed ward's assets under Probate Code § 875 and seek injunctive relief in appropriate circumstances.

Although DADS may pursue an application for temporary guardian of the estate, DFPS acknowledges and agrees DADS will complete the standard assessment process during the course of the temporary guardianship to determine whether or not permanent guardianship is appropriate.

3. The APS caseworker will provide an affidavit concerning the acts resulting in a validation of ANE for attachment to the application for temporary guardianship of the estate.

4. DADS will seek to obtain a CME before the date of the hearing. The APS worker will appear at the hearing on the temporary guardianship when requested without a subpoena. If the CME finds the person has capacity, then DADS will withdraw the application for temporary guardianship, if the guardianship is not already granted, and notify DFPS. If

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the' temporary guardianship has been granted, DADS will seek dismissal or resign as guardian and notify DFPS.

5.

During the course of the temporary guardianship, in cases of alleged exploitation, DFPS will continue to investigate to determine whether the validation of exploitation can be upheld against a perpetrator. If the investigation reveals the validation of exploitation cannot be upheld, DFPS agrees to notify DADS in writing within three calendar days of making the determination on the exploitation finding and whether any other allegation has been validated. If no other fmding is validated by APS or other findings validated do not support the need for a guardianship as being in the best interest of the ward, DADS determines whether it is appropriate to resign as temporary guardian or withdraw an application for permanent guardianship.

6. If a temporary guardianship of the estate is granted, DADS will notify DFPS and take steps to protect the assets of the person. During the temporary guardianship, DADS will continue to consult with DFPS and assess the person for possible permanent guardianship including the appropriateness of alternate guardians or LRAs.

7. If a temporary guardianship is not granted, DADS will notify DFPS immediately, so DFPS can continue to seek protection for the APS client through a voluntary service plan.

IV. COORDINATION OF RULES, POLICIES AND PROCEDURES

Both parties agree to operate under adopted rules, policies and procedures set forth in their respective handbooks and the Texas Administrative Code. Proposed changes to policies and procedures impacted by or created as a result ofthis MOU will be shared as outlined below.

For issues which are related to this MOU, the agency seeking to change their respective handbook shall furnish draft information to the other agency for review and comment. The agency receiving draft information of the proposed revisions has 14 days to review and provide comments.

Should a disagreement arise regarding policy or procedure outlined in this MOU, the provisions in the MOU shall prevail. The parties agree to consult and coordinate with each other before adoption of administrative rules impacting elements of concern to the MOU.

V. DISPUTE RESOLUTION

When DADS declines to seek guardianship based on a CME which finds the person has capacity or when the attorney responsible for filing the guardianship believes legal sufficiency is lacking to proceed and following an internal review by DADS legal, no review of decision may be sought by DFPS. IfDFPS disagrees with any other decision by DADS to not seek guardianship, resolution must be attempted at a joint staffing between DADS staff and DFPS staff at the supervisor and worker level. DFPS may seek a review of decision not to seek: guardianship if the disagreement cannot be resolved at the local level.

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',

The initial' request for review is made by the APS Program Administrator (PA) to the DADS Regional Operations Manager (ROM) or designee. DFPS and DADS agree to complete the appeal process as rapidly as possible. The P A notifies the ROM and the DADS supervisor by e­mail of the request for review. The DADS supervisor faxes or e-mails the DADS materials concerning the person to the ROM within three calendar days. Within seven calendar days, the ROM and the PA staff the needs of the person and the ROM notifies DFPS in writing within five calendar days after the staffing whether DADS will seek guardianship.

If the ROM supports the decision not to seek guardianship, then within three calendar days of receipt of the written notification of the ROM, the APS PA may send the information to the APS DPPD for consideration on whether to request a meeting ofthe Guardianship Review Committee (GRC). The DPPD then has three additional calendar days to ask for a GRC meeting.

If a meeting is desired, the APS DPPD must contact the DADS Unit Manager of Policy and Program Development (UMPPD) and request a meeting be scheduled. The DADS UMPPD will schedule a GRC meeting within seven calendar days of receiving a meeting request. If representatives of both agencies cannot agree on a time to meet within the seven day period, the Section Director of the DADS guardianship program and the APS DPPD will be notified of the delay. They will be asked to resolve scheduling problems to ensure the meeting takes place expeditiously. Once a GRC review of decision meeting is held, the DADS GPSD will notify both agencies in writing of the decision within seven calendar days, unless further consultation with the Assistant Commissioner of Access and Intake or other appropriate parties is required. Any delays in rendering the decision will be communicated to DFPS within the seven calendar day period.

If the review of decision results in DADS pursuing guardianship, DADS agrees to expedite this filing to the extent possible.

VI. INTERAGENCY STEERING COMMITTEE (ISC)

The DFPS Assistant Commissioners for Adult Protective Services and Child Protective Services, and the DADS Assistant Commissioner for Access and Intake, selected state office program staff, or their designees, will meet quarterly and at others times as needed to discuss and address issues or concerns which may impact the ability of either party to effectively deliver services. The parties agree to work cooperatively for the successful delivery of services under this ·agreement. The members will uphold and support the agreements made within· this Interagency Steering Committee (ISC) and ensure their respective staff members are notified of decisions and appropriate policies or procedures are published and implemented in a timely manner. Issues which cannot be resolved by the ISC will be resolved at the Assistant Commissioner level. The Assistant Commissioners may elevate unresolved issues to the Commissioners (or their designees) as appropriate. The ISC or the Assistant Commissioners may appoint representatives of both agencies to participate in sub-committees as needed.

The ISC is responsible for an annual report. The elements of the report will be defined by the Committee. The annual report statistics will include, but are not limited to: (1) the number of intakes accepted by APS for investigation, (2) the number ofAPS investigations referred for guardianship assessment, (3) the outcome of the guardianship referrals to DADS, (4) the average number of days from DFPS intake to APS referral for guardianship, (5) the average number of

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days for fiiing for guardianship by DADS, (6) the number of requests for review of decision and the outcomes of those requests, and (7) the number of requests made by DADS for extensions to file an application and the number of approvals or disapprovals of those requests.

The ISC will ensure the agreements reached in this MOD are'part of training provided to appropriate staff of both agencies within 90 calendar days ofthe execution of this agreement.

VII. CLIENT INFORMATION SHARING

DADS and DFPS will work together to ensure the most expeditious, secure and reliable method for exchanging referral infonnation occurs and will consider an electronic transfer of infonnation from the IMPACT system to the Guardianship On-line Database System (GOLD).

VIII. DFPS INVESTIGATION OF DADS GUARDIANSHIP STAFF AND DUE PROCESS

DADS and DFPS recognize DFPS, within its investigatory jurisdiction, may receive and is required to investigate certain allegations of abuse, neglect or exploitation of a DADS ward by a third-party and/or by a DADS guardianship staff member. Due to the intersecting roles of the parties and their staff, DFPS agrees to the following procedures.

1.

RIGHTS OF DADS STAFF WHEN NAMED AS AN ALLEGED OR DESIGNATED PERPETRATOR. In an ir,lVestigation of DADS staff for an allegation of abuse, neglect or exploitation in their role as agent for the guardian, DFPS agrees the case:

•

shall be designated as a sensitive case in IMP ACT; • shall be assigned to an investigator from a different region from the guardianship

specialist; and • shall not knowingly involve DFPS staff from the same region as the guardianship

staff in the investigation.

If DFPS validates ANE against a DADS staff, DFPS agrees to provide the validated DADS staff member with due process consistent with DFPS In-Home Handbook Item 5420 - Due Process for Non-EMR Cases. DFPS agrees the guardianship specialist may request an administrative review. DFPS agrees an administrative review, if requested, will be conducted by a reviewer from a region other than the assigned region of the guardianship specialist. DFPS agrees if the admini$trative review upholds the validated finding, the DADS staff person may request an appeal of the finding by the State Office of Administrative Hearings.

2. RIGHTS OF DADS AS LEGAL GUARDIAN. IfDFPS investigates an allegation of ANE of a DADS ward by any person other than a DADS staff member, DFPS agrees to notify DADS regional staff of the investigation, the finding and provide infonnation sufficient to allow DADS to make a detennination regarding ward safety.

IfDFPS investigates an allegation ofANE against a DADS staffmember in his or her role as agent for the guardian, DFPS agrees to notify DADS state office management of

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the investigation, the finding and provide infonnation sufficient to allow DADS to make a detennination regarding ward safety.

IX. EDUCATION OF STAFF

DFPS agrees to train APS In-Home and Statewide Intake staff on the guardianship process, the limitations ofDADS guardianship, the requirements regarding a third-party initiated guardianship, and how to contact the DADS guardianship program. This training will be continuous and on-going and designed to increase the knowledge of staff to ensure accurate infonnation is provided both internally, to the public and to stakeholders. DADS agrees to participate in training opportunities, if requested by APS staff, to the extent participation is possible. .

DADS agrees to train Guardianship Specialists and Supervisors on the adult protective services process and the roles ofvarious APS staff in making guardianship referrals. This training will be continuous and on-going and designed to increase the knowledge of staff to ensure accurate infonnation is provided both internally, to the public and to stakeholders. DFPS agrees to participate in training opportunities, if requested by DADS staff, to the extent participation is possible.

DADS and DFPS agree to provide training to state office and field staff on the agreements reached in this MOD as outlined in VI. Interagency Steering Committee.

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x. EFFECTIVE AND IMPLEMENTATION DATE

This MOD is effective upon signature ofall parties. All necessary policies and training required for implementation of this M0U will be complete by the 90th calendar day following the effective date.

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Date

Commissioner, Texas Department ofFamily

Date

erim Commissioner, Texas Department of and Protective Services

Gerry Williams Date

General Counsel, Texas Department of Family and Protective Services

Aging and Disability Services

Kenneth L. Owens . Date

General Counsel, Texas Department ofAging and Disability Services