Travis County Commissioners Court
May 1, 2007
Item 11
Item 11, consider and take appropriate action on the following related to adult protective services in Travis County: do we want to take care of the resolution first? Or --
>> that would be wonderful.
>> okay. And then also on 11 d there's one as well? Two resolutions? One on 11 b and 11 d?
>> yes.
>> okay. Well, okay. I guess -- how about making a presentation? Then we will do the --
>> great. Wonderful.
>> item a, presentation from Texas department of family and protective services on adult protective services in Travis County; b, resolution for creation of Travis County representatives to adult protective services special task unit; c, recommendations on appointment of Travis County representatives to adult protective services special task unit; and d, resolution for elder abuse prevention month in Travis County.
>> good morning, Commissioner, sherri flemming, executive manager for health and human services. I'm here with
>> [indiscernible], the regional director for protective services. They are here today to lay out for you the -- the -- the requirements set out in senate bill 6. Related to an adult protective services task force that requires a resolution by this court in order to implement and move forward on this project. I will pass this over to kip.
>> I appreciate the opportunity to meet with you today. Thank you very much, sherri, for your time and energy on this effort. Wanted to share with you folks some brief information about adult protective services, it's a state agency part of the department of family and protective services and we -- we do have our regional office for region 7 here in Austin, Travis County. We are authorized under chapter 48 of the Texas human resources code to investigate abuse, neglect and exploitation of persons that are elderly. The state of Texas defines elderly as people 65 or older, that's not my definition. We also investigate abuse, neglect and exploitation of adults that have disabilities. We do
>> [indiscernible] persons with mental health, mental recard addition and home and community based services, hcs homes. In fiscal year of 2005, we completed 2500 in 94 investigations of abuse, neglect and exploitation. In Travis County. We completed 2001 of those investigations and 1226 of those investigations we did confirm. We also provided services to -- to 1450 clients who provided protective services in this county. In 2006 fiscal year the numbers were up to 2800 investigations and 1630 basically that were confirmed and we provided services to 1932 clients here in the community in Travis County. As sherri mentioned, senate bill 6, of the 79th legislature, did authorize aps and counties that had a population of 250,000 or more to develop a special task unit that would improve the response to elderly and disabled adults who are victims of abuse, neglect and exploitation. This is in recognition -- our agency we believe that we are experts in abuse, neglect and exploitation. However, our expertise is limited to those areas. This is an opportunity for us to access resources in the community, including mental health professionals, legal professionals, financial professionals and give us an opportunity to staff some of our most difficult and complex cases, whether they are investigations where we are having a difficult time, completing our investigation or discovering the truth behind the allegations or in -- in the case of providing services where we have clients with complex needs and this would provide us an opportunity to access outside resources. Yes? Is this not showing up?
>> that's okay. Did -- did want to mention that the special task -- there we go. You got the final slide. The special task unit is from a selected group of professionals. The ones that are mandated by the law in senate bill 6 are a mental health professional, a legal professional and a member of law enforcement. In addition there may be members that represent the financial, medical and the domestic violence community and the clergy. What we are requesting is that -- is that you authorize us to initiate this special task unit. We have provided some -- some recommended members that we felt that we have recruited that we felt had an interest and have expressed a willingness to participate. However, we are -- we would be excited to work with anyone that the -- that the Commissioners court may choose to appoint. Really this is just an opportunity for us to go outside of our boundaries and to seek some outside expertise.
>> is the membership that -- that you have outlined here, is it just restricted just -- in other words, is this the -- the final number of how large can that unit --
>> really, there's no restriction.
>> pardon me?
>> Commissioner, there's no restriction on the numbers, there are some mandated members and that would be mental health, let me and law enforcement. However, we would be excited to work with anyone. What we found with our special task unit in Williamson county and in bell counties is that we can -- we can sometimes add ad hoc members as we identify case was a particular need or -- or it also makes it difficult if you are trying to staff individual cases with large groups of 15 or 20 people. Sometimes the -- the -- the ability to do that is compromised. But certainly we would be glad to work with this many people.
>> this is a real big deal. I -- when I looked at this, I reviewed it, I went through -- through the backup in it, it's really something I think that -- that is well long overdue. I'm glad that the 79 legislature found it in themselves to bring about where -- where a county, the population, 250,000 more, would like to -- would like to get involved as far as creating such a -- such a -- an adult protective service component to deal with our senior citizens. Not only those -- you know, for the abuse and the exploitation and all of these other kind of things that that disabled seniors experience in this traumatic course of events that have happened. I think it's really -- really way pastime to put our arms around this to curtail and minimize the abuse and the exploitation of our senior citizens here in Travis County. Now, I feel real excited. I get a little emotional about it because I see a lot of that and it kind of gets to you a little bit. Anyway, I'm just really glad to see that we are moving in this direction. I guess my point though, is this, if the court decides to go ahead and move forward today with this particular item, which would create everything, get everybody's roles, get all of these folks involved here. At what point may we be able to add other persons to this unit, this task unit that we have before us today.
>> I believe that that would be at the discretion of the court. We will -- we would certainly welcome anyone and we are glad to share our passion, which is for protecting the vulnerable citizens of Texas and particularly of Travis County, this is our regional headquarters here. And we would love to work with anyone that the court may choose to appoint.
>> I think hhs will probably be the department that will work directly --
>> Commissioner Gomez, hhs will be a liaison for the task force to ensure that at times when there needs to be new appointments that you all receive that information in a timely manner, have resumes to consider as well as working with state staff to ensure that you get reports on the progress of the special task unit.
>> okay.
>> I have a couple of questions.
>> yes.
>> first, I -- I wholeheartedly agree this is a wonderful opportunity to get some outside help with the adult protective services. Definitely bolsters what you all do. Also, I recognize in the enabling statute there's a wonderful flexibility in it to do a case-by-case basis constituent of the task force, so if the task force is handling a particularly intransigent problem, someone who is elderly, has identity theft for instance, you can get all of the people that you need on that task force. My question goes to -- if the task force should find that adult protective services is not acting as the task force feels is in the best interests of the client, what remedy does the task force have.
>> I believe first of all direct access to myself, the regional director in region 7. Additionally we would certainly help them access our assistant Commissioner, even our Commissioner if they needed to. Also the task force members may choose to either file complaints with our office of consumer affairs and/or pursue some kind of legislative solutions. I'm certainly as a state employee I'm not going to lobby for changes, but they would certainly be entitled to take that to their legislative representatives.
>> task force members don't have any greater ability to complain of adult protective services than any other citizens?
>> I would not think that that would be the case, no. Although they would have direct access to the regional management and to our state office management, absolutely.
>> okay. Looking at the enabling statute, might be that it's just not in here. There's no funding source for this task force, either? Am I correct, this is an all volunteer organizations.
>> this is all volunteer. We would provide the support staff to coordinate the task force for make sure invitations were done, meeting places arranged, et cetera. We have been working in Williamson county, the county there provided some supports but that was at their choice in bell county we have not -- we have handled everything and we would be glad to do that. We have staff that can support the tasks given.
>> okay. Thank you.
>> I would like to move approval.
>> thank you.
>> tell me the -- you all being hhs, you all are the ones that have determined who the -- who the folks are that's on -- that's on the -- on the task force? To date?
>> no, sir. We met with -- with the state officials and they -- they shared with us the same information that you all have received in terms of those persons who are mandated and then we reviewed the list of persons that they are recommending. So we concur with the recommended -- you know, those recommended persons who must serve. We concur with that list.
>> of -- you know, I think that if you will look through the -- the professions that are needed, in the task force, probably the only one that -- that might even be construed as having -- you have got to be a little bit careful with, you know, because of some conflicts would be the financial. I mean, everything else is, you know, a needed service that you have that, you know, somebody will do that, I mean, you make sure that they do it. Financial on the other hand gets you into a deal where you could have some -- some special interests, I mean, and I'm sure that there is some sort of safeguard or financial because, I mean, I would say that you probably think that some of these people may have, I mean, they are not all indigent, I mean,, you know, you probably have some that have some resources. So I know that there's a mechanism there by which to guarantee that everything is up and up and that you don have somebody that says hey, I mean, I'm a manager of a bank, I would like to do that part, I mean,. Because I would like to direct the -- the money. How is that handled?
>> I believe that the financial person on the specific task unit would serve basically to provide information and expertise. When we are investigating and -- a particularly exploitation cases that may involve multiple bank accounts, property, liens, deeds and possible identity theft, et cetera. They would be a person that we could use their expertise to help us navigate our staff are not accountants. We are not financial experts. To help us navigate what's going on and to ascertain whether or not there's exploitation that's occurring. I don't think that that person would be a resource for say assignment of a trust or anything of that nature.
>> okay.
>> we would keep that separate from -- from the special task unit. Purely be in an expert role, an advisory role.
>> okay, great.
>> > then we have a resolution on 11 b that we could approve for the creation of the -- of the Travis County -- let me see here. For the adult protection services special task unit. Let me read that, then we will -- we will make a motion. Whereas the Travis County Commissioners court acknowledges the mandates of senate bill 6, from the 79th Texas legislature, regular session, related to complex cases investigated by the Texas department of family and protective services, adult protective services and counties with the population of 250,000 or more, whereas the Travis County Commissioners court acknowledges that it is in the best interests of Travis County citizens to create an adult protective services special task unit pursuant to section 48.150 -- 1521 of the Texas human resources code, a, the department, dfps, shall develop and I implement a system to ensure that to the greatest extent possible investigations conducted by the department that involve a -- especially complex issues of abuse, neglect or exploitation, such as issues associated with identity theft and other forms of financial exploitation are, one, assigned to personnel who have experience and training in those issues; and, two, upontoring by a special task units for complex cases. Whereas the Travis County Commissioners court recognizes that standing members of the adult protective services special task unit must include, one, a provider of mental health services or aging services or a representative of a non-profit entity serving persons with disabilities, two, a representative of a law enforcement agency and three a legal expert. Whereas the Travis County Commissioners court acknowledges adult protective services will establish and operate a special task unit in accordance with section 48.1521 of the Texas human resources code, now therefore be it resolved that the Travis County Commissioners court approves the creation of the Travis County adult protective services special task unit.
>> move approval.
>> second.
>> all those in favor?
>>
>> [indiscernible]
>> I just wanted to find out how many other counties, since this has been bracketed legislation, how many counties have actually created this --
>> to the best.
>> go ahead.
>> to the best of my knowledge, there were 19 identified counties in Texas with populations of 250,000. And -- and all with -- with one possible exception, I believe bexar county it's still in the works. In today passes will have functioning special task forces. We have an additional one up in lubbock which was formed, not required by the state law, but they formed one there as well. To address this. The same issues.
>> that's good news.
>> that's great. I -- I'm ready to vote.
>> [laughter]
>> okay.
>> all those in favor?
>> that's great.
>> thank you.
>> thank you.
>> thank you.
>> then on item c, recommendations and appointment of Travis County representatives to adult protective services special task unit.
>> that item, Commissioners, is including in your backup, there are -- there are seven.
>> seven.
>> recommended individuals, would you like me to name them? Okay. For the mental health professional designation, phyllis wolf. For the legal designation, barbara s misslee. For the law enforcement designation, detective erica wesley, for the law enforcement designation sergeant kitty hicks. Law enforcement designation steve manly, in the domestic violence vacation, windy h abrahamson, medical designation, you will have to help me, fume -- oganli. Who is a -- who is a registered nurse.
>> move approval.
>> second.
>> all those in favor? Unanimous? Okay. Then d is the resolution for elder abuse prevention month in Travis County. People who are elderly, disabilities, truanted to the general welfare of Travis County to helping preserve custom, convictions and traditions of many people from diverse background and whereas these residents are vital and integral members of our society, their wisdom and experience had enriched our lives and whereas abuse of the elderly and people with disabilities and domestic and institutional settings is a wide-spread problem affecting hundreds of thousands of people across the country and whereas abuse affected more than 51,200 texans who are elderly or have disabilities in 2006, whereas elder abuse is growthly under reported because the elderly who are being abused find it very difficult to tell anyone and are usually ashamed and sometimes afraid and whereas elder abuse happens to all men and women, cultural and ethnic groups, whether they are in good health or incapacitated in some ways, in neighborhoods or suburbia. Involve self neglect and it is our duty as citizens to reach out to people in need. Now therefore be it resolved by the Travis County Commissioners court Commissioners court that all citizens of Travis County are urged to recognize the month of make, 2007, as elder abuse prevention month and urge all citizens to work together to help reduce abuse, neglect and exploitation of people who are elderly or have disableds. And I move approval.
>> second.
>> all in favor? Thank you.
>> okay. .
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Last Modified:
Wednesday, May 2, 2007, 8:00 AM