Human Resources Code § 40.035

Sec. 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; 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 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; (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 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; (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. 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 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.