Exploitation of the elderly by the losers who fall for gold diggers....

Executive Order RP33 - April 14, 2004
Relating to reforming the Adult Protective Services Program

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
April 14, 2004

WHEREAS, the State of Texas values older Texans and persons with disabilities, and is committed to ensuring that these Texans, particularly as the number of older adults increases, can live in a safe and healthy environment; and

WHEREAS, the mission of the Adult Protective Services program is to protect older adults and persons with disabilities from abuse, neglect, and exploitation by investigating and providing or arranging for services necessary to prevent or alleviate maltreatment; and

WHEREAS, concerns about self-determination not withstanding, it is equally important to ensure the state�s commitment to helping individuals who have lost the ability to provide for themselves the goods and services which are necessary to avoid physical harm, mental anguish, or mental illness; and

WHEREAS, the most effective way to prevent and address the abuse, neglect, or exploitation of adults is to ensure that Adult Protective Services is closely working and coordinating with every community stakeholder in preventing and investigating elder abuse, including the medical community, the mental health community, victims rights associations, advocate groups, legal experts, courts, law enforcement, and others; and

WHEREAS, the full participation of municipal, county, and state law enforcement is key to identifying, investigating, and stopping elder abuse, neglect, and exploitation; and

WHEREAS, the administration and organization of the Adult Protective Services program should operate efficiently and be accountable for the protection and safety of older Texans and persons with disabilities; and

WHEREAS, under House Bill No. 2292 of the 78th Legislature, the Health and Human Services Commission was charged to provide policy direction, oversight, administrative support, and accountability for the health and human services agencies, including the Department of Family and Protective Services; and

WHEREAS, reports of cases of potential elder abuse and neglect in El Paso prompt the necessity of extraordinary measures;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following:

Systemic Reform. The Health and Human Services Commission, considering this effort of the highest priority, shall direct and oversee the systemic reform of the Adult Protective Services program, focusing on the need to protect older adults and persons with disabilities from abuse, neglect, and exploitation. The Commission shall request assistance from additional state agencies as needed to ensure an appropriate and comprehensive reform of the program.

Review of Case Files.The Health and Human Services Commission shall immediately begin an independent review of previously closed cases in the Adult Protective Services program, prioritizing cases for review, determining whether regulations have been consistently followed, and taking immediate corrective measures in cases where needed. The Commission shall ensure that any necessary and appropriate disciplinary action be taken in response to all cases identified as having been mishandled, particularly if injury or death resulted from inappropriate action. The Commission shall use information collected from these case reviews to ensure the reforms to the Adult Protective Services program promote the continued health and safety of older Texans.

Administrative Reform. The Health and Human Services Commission shall conduct a comprehensive administrative reform of the Adult Protective Services program, including developing new training procedures, developing minimum qualifications for caseworkers and supervisors, and ensuring the effective application of all state statutes and policy requirements to protect the safety and well-being of older adults and persons with disabilities.

Organizational Reform. The Health and Human Services Commission shall conduct a comprehensive organizational reform of the Adult Protective Services program to ensure the appropriate placement of state resources and program supervisors for proper and sufficient regional oversight and communication, the effective application of all state statutes and policy requirements, and the most appropriate outcomes for older adults and persons with disabilities.

Increase Use of Technology. The Adult Protective Services program shall consistently take advantage of new technology, such as digital cameras and wireless communication devices, to improve the quality of services, monitoring and investigation of cases.

Partner with Law Enforcement. The Texas Department of Public Safety is directed to give high priority to investigating and addressing any potential criminal cases of elder abuse and neglect. Additionally, the Department of Public Safety shall coordinate with municipal and county law enforcement and the Health and Human Services Commission staff members to provide assistance as needed in conducting home and institutional visits of elders and persons with disabilities and to develop appropriate training on investigative techniques for these cases.

Partner with Local Communities. The Adult Protective Services program shall work with community partners to establish permanent cooperative relationships in local communities to prevent and raise awareness of the abuse, neglect, and exploitation of older Texans and persons with disabilities. These partnerships shall include the primary care and geriatric medical community, the mental health community, local area agencies on aging, victims� rights groups, advocate groups, legal experts, courts, law enforcement as well as any other local or unique community resources necessary.

Review of State Policy. The Health and Human Services Commission and the Adult Protective Services program shall review and adopt new rules and policies, including the development of a new and appropriate screening tool, which may be necessary to implement this Executive Order. These policies shall take into consideration all aspects of the person�s situation from their cognitive abilities to the environment in which they live, so that the rights of the individual are balanced with the requirement that they live in a healthy and safe environment.

Review of Statute. The Health and Human Services Commission and the Adult Protective Services program shall review and make recommendations regarding any changes in statute which may be required.

Report of Compliance. The Health and Human Services Commission shall oversee the development and submission of an implementation plan and a final report of the implementation of this order. The implementation plan shall outline the specific actions taken to implement this order and shall be submitted no later than 90 days of the date of this order. The final report shall review all actions taken, as well as the recommended statutory changes developed in compliance with the Order, and shall submit this report to the Office of the Governor no later than November 1, 2004.

Full Cooperation. All affected agencies and other public entities shall cooperate fully with the Health and Human Services Commission during the research, analysis, and implementation of this order.

This executive order supersedes all previous executive orders on Adult Protective Services. This order shall remain in effect until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 14th day of April, 2004.

RICK PERRY
Governor

ATTESTED BY:
GEOFFREY S. CONNOR
Secretary of State