The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

1. (1) Administrative law judge--An attorney who serves as a hearings examiner in a due process hearing, including a release hearing.
2. (2) Adult--A person aged 18 or older, or an emancipated minor.
3. (3) Adult with a disability--A person aged 18 or older, or an emancipated minor, with a physical, mental, or developmental disability that substantially impairs the person's ability to adequately provide for his or her own care or protection.
4. (4) Allegation--An assertion that a client is in a state of or at risk of harm due to abuse, neglect, or financial exploitation.
5. (5) Alleged perpetrator--A person who is reported to be responsible for the abuse, neglect, or financial exploitation of a client.
6. (6) APS-Adult Protective Services, a division of DFPS.
7. (7) Capacity to consent to protective services--Having the mental and physical ability to understand the services offered and to accept or reject those services knowing the consequences of the decision.

8. (8) Caretaker--

   1. (A) A guardian, representative payee, or other person who by act, words, or course of conduct has acted so as to cause a reasonable person to conclude that the person has accepted the responsibility for protection, food, shelter, or care for a client.
   2. (B) A person, including a family member, privately hired and receiving monetary compensation to provide personal care services, as defined in Texas Health and Safety Code, §142.001(22-a), to a client.
9. (9) Client--An adult with a disability or an adult aged 65 or older who has been reported to APS to be in a state of or at risk of harm due to abuse, neglect, or financial exploitation
10. (10) Commissioner--The commissioner of DFPS or the commissioner's designee.
11. (11) Designated perpetrator--An alleged perpetrator who has been determined by an APS validated finding to have abused, neglected, or financially exploited a client.
12. (12) DFPS --Department of Family and Protective Services.
13. (13) Emancipated minor--A person under 18 years of age who has the power and capacity of an adult. This includes a minor who has had the disabilities of minority removed by a court of law or a minor who, with or without parental consent, has been married. Marriage includes common-law marriage.
14. (14) Emotional harm--A highly unpleasant mental reaction with observable signs of distress, such as anguish, grief, fright, humiliation, or fury.
15. (15) Goods--Tangible objects such as food, clothing, shelter and other items necessary to meet one's basic needs.
16. (16) Intimidation--Behavior by actions or words creating fear of physical harm, death, or abandonment.

17. (17) Ongoing relationship--A personal relationship that includes:

    1. (A) frequent and regular interaction;
    2. (B) a reasonable assumption that the interaction will continue; and
    3. (C) an establishment of trust, beyond a commercial or contractual agreement.
18. (18) Physical harm--Physical pain, injury, illness, or any impairment of physical condition.
19. (19) Protective services--The services furnished by DFPS or by another protective services agency to an APS client with a validated finding of abuse, neglect, or financial exploitation, or to that person's relative or caretaker if DFPS determines the services are necessary to prevent the client from being in or returning to a state of abuse, neglect, or financial exploitation. These services may include social casework, case management, and arranging for psychiatric and health evaluation, home care, day care, social services, health care, respite services, and other services consistent with Texas Human Resources Code, §48.002. The term does not include the investigation of an allegation of abuse, neglect, or financial exploitation.
20. (20) Purchased client services (PCS)--A type of protective services provided in accordance with Texas Human Resources Code, §48.002(a)(5), including, but not limited to, emergency shelter, medical, and psychiatric assessments, in-home care, residential care, heavy housecleaning, minor home repairs, money management, transportation, emergency food, medication, and other supplies.
21. (21) Release hearing--A formal due process hearing conducted by an administrative law judge. A release hearing provides a designated perpetrator with an opportunity to appeal DFPS's decision to release information about him or her to persons or entities outside DFPS, except for information released as required or allowed by state or federal law or in accordance with this chapter.
22. (22) Report--An allegation of abuse, neglect, or financial exploitation, as described in Texas Human Resources Code, §48.002, which is made under Texas Human Resources Code, §48.051(a).
23. (23) Reporter--A person who makes a report to DFPS about a situation of alleged abuse, neglect, or financial exploitation of a client.
24. (24) Serious harm--In danger of sustaining significant physical harm or death; or danger of imminent impoverishment or deprivation of basic needs.
25. (25) Services--Activities provided by others, including, but not limited to, cooking, cleaning, money management, medical care, or mental health care.
26. (26) Substantially impairs--When a disability grossly and chronically diminishes an adult's physical or mental ability to live independently or provide self-care as determined through observation, diagnosis, evaluation, or assessment.
27. (27) Sustained perpetrator--A designated perpetrator whose validated finding of abuse, neglect, or financial exploitation of a client has been sustained by an administrative law judge in a due process hearing, including a release hearing, or if the designated perpetrator has waived the right to a hearing.
28. (28) Unreasonable confinement--An act that results in a forced isolation from the people one would normally associate with, including friends, family, neighbors, and professionals; an inappropriate restriction of movement; or the use of any inappropriate restraint.

Source Note:The provisions of this §705.101 adopted to be effective February 1, 2021, 46 TexReg 317; amended to be effective November 17, 2025, 50 TexReg 7431.