Tex. Human Resources Code Section 40.0515
Quality Assurance Program for Adult Protective Services; Quarterly Reports


(a)

The department shall develop and implement a quality assurance program for adult protective services provided by or on behalf of the department.

(b)

In developing the program, the department shall establish:

(1)

client-centered outcome measures for each of the following functions of the adult protective services program:

(A)

intake process;

(B)

investigations;

(C)

risk assessment determinations; and

(D)

delivery of protective services;

(2)

minimum job performance standards for personnel and each work department of the adult protective services division of the department; and

(3)

procedures for conducting periodic performance reviews to monitor compliance with the standards established under Subdivision (2), which must include requirements that, for each caseworker in the adult protective services division of the department, a supervisor shall conduct:

(A)

at least two performance reviews each year, if the employee has less than two years of adult protective services casework experience; and

(B)

at least one performance review each year, if the employee has at least two years of adult protective services casework experience.

(c)

The department shall promptly address a person’s or work department’s failure to meet minimum job performance standards established under Subsection (b)(2):

(1)

by issuing to the person or work department, as appropriate, a corrective action plan detailing the actions required to comply with the standards; or

(2)

if necessary, through disciplinary action, including a person’s demotion or discharge, for repeated failure to meet the standards.

(d)

A performance review conducted under Subsection (b)(3) is considered a performance evaluation for purposes of Section 40.032 (Personnel)(c) of this code or Section 531.009 (Personnel)(c), Government Code, as applicable. The department shall ensure that disciplinary or other corrective action is taken against a supervisor or other managerial employee who is required to conduct a performance evaluation for adult protective services personnel under Section 40.032 (Personnel)(c) of this code or Section 531.009 (Personnel)(c), Government Code, as applicable, or a performance review under Subsection (b)(3) and who fails to complete that evaluation or review in a timely manner.

(d)

A performance review conducted under Subsection (b)(3) is considered a performance evaluation for purposes of Section 40.032 (Personnel)(c) of this code or Section 523.0055 (Career Ladder Program; Performance Evaluations)(b), Government Code, as applicable. The department shall ensure that disciplinary or other corrective action is taken against a supervisor or other managerial employee who is required to conduct a performance evaluation for adult protective services personnel under Section 40.032 (Personnel)(c) of this code or Section 523.0055 (Career Ladder Program; Performance Evaluations)(b), Government Code, as applicable, or a performance review under Subsection (b)(3) and who fails to complete that evaluation or review in a timely manner.

(e)

The annual performance evaluation required under Section 40.032 (Personnel)(c) of this code or Section 531.009 (Personnel)(c), Government Code, as applicable, of the performance of a supervisor in the adult protective services division must:

(1)

be performed by an appropriate program administrator; and

(2)

include:

(A)

an evaluation of the supervisor with respect to the job performance standards applicable to the supervisor’s assigned duties; and

(B)

an evaluation of the supervisor with respect to the compliance of employees supervised by the supervisor with the job performance standards applicable to those employees’ assigned duties.

(e)

The annual performance evaluation required under Section 40.032 (Personnel)(c) of this code or Section 523.0055 (Career Ladder Program; Performance Evaluations)(b), Government Code, as applicable, of the performance of a supervisor in the adult protective services division must:

(1)

be performed by an appropriate program administrator; and

(2)

include:

(A)

an evaluation of the supervisor with respect to the job performance standards applicable to the supervisor’s assigned duties; and

(B)

an evaluation of the supervisor with respect to the compliance of employees supervised by the supervisor with the job performance standards applicable to those employees’ assigned duties.

(f)

A summary of the findings of outcome measures established and performance reviews conducted under this section must be reported to regional directors and other senior management employees of the adult protective services division.

(g)

Each fiscal quarter the department shall file with the governor and the presiding officer of each house of the legislature a report that includes:

(1)

a comprehensive review of the adult protective services division’s overall performance during the preceding quarter; and

(2)

a summary of the adult protective services division’s performance during the preceding quarter on each of the outcome measures established under Subsection (b)(1).
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.04(a), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.20, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.93, eff. April 1, 2025.

Source: Section 40.0515 — Quality Assurance Program for Adult Protective Services; Quarterly Reports, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­40.­htm#40.­0515 (accessed Jun. 5, 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
40.0025
Agency Functions
40.025
Reimbursement for Expenses
40.0026
References in Law Meaning Department
40.026
Presiding Officer
40.0027
References in Law Meaning Commissioner or Designee
40.027
Commissioner
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

Accessed:
Jun. 5, 2024

§ 40.0515’s source at texas​.gov