Protections
Programs available
All 50 states have some form of legislation (e.g., elder abuse, adult protective services, domestic violence laws, mental health commitment laws) that authorizes them to protect and serve vulnerable, incapacitated, or disabled adults. Although state protective agencies receive assistance through the federal Social Services Block Grant (SSBG) Program, relatively few dollars go to protecting elders since the program relies heavily on state general revenue funds.
The Texas Department of Family and Protective Services (DFPS), Division of Adult Protective Services (APS) , is the state entity responsible for investigations and interventions based on reports of abuse and neglect of adults living in private homes and other community settings not subject to licensure. A staggering 64 percent of all adult cases confirmed by APS in 2001 involved victims over 60. APS is also responsible for investigating abuse and neglect in Texas Department of Mental Health and Mental Retardation (TDMHMR) facilities. These facilities include state schools, state hospitals, state centers, community centers, and contractors providing home and community-based waiver services.
The Texas Department of Aging and Disability Services (DADS) is responsible for investigating abuse and neglect cases in nursing homes, assisted living facilities, and other residential settings that the agency licenses and certifies. However, DADS jurisdiction does not extend to investigating financial exploitation of nursing home or assisted living residents. If the abuse or neglect occurs while the resident is away from the facility or if the person exploiting the resident does not own, operate, or work in the facility, then APS conducts the investigation.
Long-term care ombudsmen employed by or volunteering for area agencies on aging do not regulate nursing homes or assisted living facilities. Rather, they serve as advocates for quality of life and care among facility residents. Federal and state authority mandates ombudsmen to identify, investigate, and resolve complaints made by, or on behalf of residents. As advocates, ombudsmen help resident's access services to protect the health, safety, welfare and rights of those who are least able to care for themselves. In Texas, the Office of the State Long-term Care Ombudsman operates in the Texas Department of Aging and Disability Services. Certified ombudsmen are available to residents in all nursing and assisted living facilities throughout the state. Through recent DADS pilot projects, ombudsmen have gained a greater presence in assisted living facilities. Suspected cases of abuse and neglect are reported to the DADS, the agency responsible for long-term care facility licensure.
Updated: November 2, 2007
