Tex. Human Resources Code Section 40.035
Training Program for Adult Protective Services; Continuing Education

(a)

The department shall develop and implement a training program that, except as provided by Subsection (a-1), each newly hired or assigned department employee must successfully complete before:

(1)

initiating an investigation of a report of alleged abuse, neglect, or exploitation of an elderly person or person with a disability under Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities); or

(2)

providing protective services to elderly persons or persons with disabilities under that chapter.

(a-1)

A newly hired or assigned department employee may initiate an investigation of a report of alleged abuse, neglect, or exploitation of an elderly person or a person with a disability under Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities) or provide protective services to an elderly person or a person with a disability under that chapter only if the employee:

(1)

is in the process of receiving the training required by Subsection (a); and

(2)

initiates the investigation or provides protective services under the direct supervision of the person who is providing the training to the employee.

(b)

The training program must:

(1)

provide the employee with appropriate comprehensive information regarding:

(A)

the incidence and types of reports of abuse, neglect, and exploitation of elderly persons or persons with disabilities that are received by the department, including information concerning false reports; and

(B)

the use and proper implementation of:
(i)
the risk assessment criteria developed under Section 48.004 (Risk Assessment);
(ii)
the criteria used by caseworkers to determine whether elderly persons or persons with disabilities lack capacity to consent to receive protective services; and
(iii)
the legal procedures available under Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities) for the protection of elderly persons or persons with disabilities, including the procedures for obtaining a court order for emergency protective services under Section 48.208 (Emergency Order for Protective Services);

(2)

include best practices for management of a case from the intake process to the provision of protective services, including criteria that specify the circumstances under which an employee should:

(A)

consult a supervisor regarding a case; or

(B)

refer an elderly person or person with a disability to an appropriate public agency or community service provider for guardianship or other long-term services after the delivery of protective services to that person has been completed;

(3)

provide appropriate specialized training in any necessary topics, including:

(A)

investigation of suspected identity theft and other forms of financial exploitation and suspected self-neglect; and

(B)

establishment and maintenance of working relationships with community organizations and other local providers who provide services to elderly persons and persons with disabilities;

(4)

include on-the-job training, which must require another department caseworker with more experience to accompany and train the caseworker in the field;

(5)

provide for the development of individualized training plans;

(6)

include training in working with law enforcement agencies and the court system when legal intervention is sought for investigations or emergency orders;

(7)

to the maximum extent possible, include nationally recognized best practices in addition to the best practices required under Subdivision (2); and

(8)

include testing, progress reports, or other evaluations to assess the performance of trainees.

(c)

The department at least annually shall provide comprehensive case management training to supervisors of department employees who conduct investigations under Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities). The training must be designed to enable the supervisors to provide guidance on investigations of reports of alleged abuse, neglect, or exploitation that are complex or present unique problems.

(d)

The department shall develop and implement appropriate continuing education programs for employees of the adult protective services division who have completed initial training under this section. The continuing education programs must include nationally recognized best practices to the maximum extent possible and must be designed to provide an annual update regarding changes in:

(1)

adult protective services division policies and procedures; and

(2)

applicable law, including statutory changes affecting the adult protective services division or elderly persons or persons with disabilities served by the division.

(e)

A department employee required to participate in a continuing education program under this section must complete the program at least once each calendar year.

(f)

The department shall:

(1)

make curriculum developed for a training or continuing education program under this section readily available to department employees in written form; and

(2)

periodically revise a training and continuing education program established under this section as necessary to satisfy training needs identified by the department or department employees.

(g)

The circumstances specified under Subsection (b)(2) under which an employee should consult a supervisor regarding a case must be consistent with the risk assessment criteria developed under Section 48.004 (Risk Assessment) that require consultation with a supervisor.

(h)

The executive commissioner by rule shall provide policies and procedures by which the department incorporates examples of actual cases investigated by the department in the training programs under this section for use as training tools.

(i)

In implementing the training program and continuing education programs under this section, the department, to the maximum extent possible, shall contract with persons who are not department employees to conduct the programs.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.03, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.195, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 264 (S.B. 2261), Sec. 1, eff. September 1, 2023.

Source: Section 40.035 — Training Program for Adult Protective Services; Continuing Education, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­40.­htm#40.­035 (accessed Apr. 29, 2024).

40.001
Definitions 40.002
Department of Family and Protective Services 40.003
Sunset Provision 40.004
Public Interest Information and Public Access 40.005
Confidentiality of Information 40.006
Application of Other Laws 40.007
Reporting Requirement 40.008
Program Accessibility 40.021
Family and Protective Services Council 40.022
Appointments 40.023
Training Program for Council Members 40.024
Terms 40.025
Reimbursement for Expenses 40.0025
Agency Functions 40.0026
References in Law Meaning Department 40.026
Presiding Officer 40.027
Commissioner 40.0027
References in Law Meaning Commissioner or Designee 40.030
Advisory Committees 40.032
Personnel 40.033
Merit System 40.034
Prohibited Activities by Former Officers or Employees 40.035
Training Program for Adult Protective Services 40.036
Alzheimer’s Disease and Dementia Training 40.037
Training Program for Child Protective Services Managers 40.038
Secondary Trauma Support for Caseworkers 40.039
Review of Records Retention Policy 40.040
Case Management Vendor Quality Oversight and Assurance Division 40.0041
Complaint Process 40.041
Office of Data Analytics 40.042
Investigations of Child Abuse, Neglect, and Exploitation 40.043
Child Safety and Runaway Prevention Procedures 40.045
Efficiency Audit 40.051
Strategic Plan for Department 40.053
Duty to Perform Other Functions 40.054
Access to Criminal History 40.055
Legislative Appropriation Request 40.056
Use of Funds 40.057
Gifts and Grants 40.058
Contracts and Agreements 40.059
Fees 40.060
Indemnification for Legal Expenses 40.061
Immunity 40.062
Exemption from Certain Costs and Fees 40.063
Exceptions from Certain Provisions of Administrative Procedure Act 40.064
Interagency Cooperation and Exchange of Information 40.065
Communications Officer 40.066
Cooperation with State Office of Administrative Hearings 40.067
Delivery of Services in Areas Bordering United Mexican States 40.068
Local Accounts 40.070
Support Services for Certain Families 40.071
Drug-endangered Child Initiative 40.072
Duty to Report 40.075
Protective Orders 40.080
Strategic Plan to Implement Federal Law Regarding Specified Settings for Placement of Foster Children 40.081
Implementation of Federal Law 40.082
Report of Criminal Conduct 40.083
Employer Retaliation Prohibited 40.0315
Investigation Unit for Adult Protective Services 40.0321
Salary Supplementation by County or Municipality 40.0322
Qualifications for Adult Protective Services Personnel 40.0323
Coordination Regarding Recruitment for and Curriculum of Certain Certificate or Degree Programs 40.0325
Study of Caseworker Education Reimbursement 40.0326
Recruitment of Caseworkers 40.0505
Divisions of Department 40.0512
Continuity of Services 40.0515
Quality Assurance Program for Adult Protective Services 40.0516
Collection of Data 40.0521
Rules Regarding Domestic Violence 40.0522
Community Education and Training Relating to Child Abuse or Neglect 40.0524
Multidisciplinary Teams 40.0526
Building Community Partnerships to Support Children and Families 40.0527
Public Awareness 40.0528
Goals for Business Plan for Child Protective Services 40.0529
Caseload Management 40.0564
Department Funds 40.0581
Performance Measures for Certain Service Provider Contracts 40.0582
Quality Contracting Framework 40.0583
State Auditor Review of Contracts 40.05275
Business Plan for Child Protective Services 40.05291
Electronic Case Management System
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 40.035’s source at texas​.gov