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- Texas HCS 101 -

Learn About
Abuse
Neglect
and Exploitation

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Learn About Abuse Neglect And

Exploitation – Texas HCS 101

In the Texas Home and Community Based Services (HCS) program, abuse, neglect
and exploitation of program participants is taken very seriously and is prohibited
by both state and federal law. Knowing the signs of abuse, neglect or exploitation is
important for any caregiver, case manager or other professional to be able to
identify and report such behavior. In this article we will discuss the definitions of
abuse, neglect and exploitation as they relate to the HCS program, as well as some
signs that may indicate these behaviors are taking place.

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What is abuse?

Abuse is any action that causes harm or threatens to cause harm to a person. This
can include physical, emotional or sexual abuse, as well as financial, psychological
and neglect. In the HCS program, it is important to know that abuse can occur
through a caregiver or family member of the participant, as well as by any other
individual in contact with the participant.
At the Texas HCS program, abuse can come in many forms. Physical abuse, verbal
abuse and neglect are some of the most common types of abuse that may occur by
employees or other program participants. If you suspect that an individual in the
HCS program is being abused, it is important to report these concerns immediately.

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Physical Abuse:

Unreasonable Confinement: An act that results in a forced isolation from the people one
would normally associate with, including friends, family, neighbors, and professionals. It is
also the act of inappropriate restriction of movement, or the use of any inappropriate
restraint.
Physical Injury: Physical pain, harm, illness, or any impairment of physical condition.
Emotional Harm: A highly unpleasant mental reaction with obvious signs of distress, such as
anguish, grief, fright, humiliation, or fury.
Intimidation: Behavior by actions or words creating fear of physical injury, death, or
abandonment.
Corporal Punishment: Causing physical pain by hitting, paddling, spanking, slapping, or any
other physical force used as a means of discipline.
Inappropriate or Excessive Force: When more force than necessary is used, it is considered
inappropriate or excessive.
Emotional or Verbal Abuse:
Any act by a paid caregiver of cursing, vilifying, humiliating, degrading, or threatening that
results in emotional harm.
Any act by a non-paid caregiver of verbal or other communication to threaten violence that
makes a reasonable person fearful of physical injury.
The following terms are integral to defining emotional or verbal abuse:
Emotional Harm: A highly unpleasant mental reaction with obvious signs of distress, such as
anguish, grief, fright, humiliation, or fury.
Reasonable Person: A person who exercises average care, skill, and judgment in conduct.
Sexual Abuse
Sexual abuse is any non-consensual sexual activity. This may include, but is not limited to,
any activity that would be a sexually-oriented offense

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What is neglect?

Neglect occurs when an individual’s needs are not met due to a failure on the part
of the caregiver or family member. This may include both medical, physical and
emotional needs, as well as all of their financial and housing needs. It is important
for professionals working with HCS participants to be able to recognize the signs of
neglect, so that this issue can be addressed as soon as possible.
Signs of neglect can include malnourishment, a lack of medical care or basic
hygiene needs not being met. Individuals in the HCS program may also appear
fearful, anxious or depressed. If you suspect that someone you know is being
neglected, it is important to reach out for help right away.
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Self neglect: If a person is not able to take care of their physical needs like getting food,
shelter, or avoiding emotional harm or physical injury, If someone fails to provide for
themselves the protection, food, shelter, or care necessary to avoid emotional harm or
physical injury, he or she could be causing physical neglect to themselves.
Neglect by Caregiver: If the act of a caregiver caused emotional harm, physical injury, or
death.
Medical Neglect is the lack of medical care or medication to prevent harm or pain. It is
considered medical neglect, if the adult is not competent to make the choice for himself or
herself to follow through with the needed medical treatment, or if his or her caregiver does
not follow through with the needed medical treatment.
Mental Health Neglect is untreated or under-treated mental illness that results in other
allegations of abuse, neglect or exploitation. APS does not investigate allegations of mental
health neglect when no other allegations of abuse, neglect or exploitation are present.
What is exploitation?
Exploitation occurs when an individual takes advantage of another person for their
own personal gain. This can include financial exploitation, as well as emotional or
sexual exploitation. In the HCS program, exploitation is taken very seriously and can
result in the removal of a participant from the program.
Financial exploitation of adults, who are elderly or with disabilities, includes using another
person’s social security number or other identifying information, for monetary or personal
benefit, profit, or gain without the informed consent of the adult.
If you suspect that someone you know is being exploited, it is important to reach
out for help right away.

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What are some example scenarios of abuse, neglect, and

exploitation in the HCS program?

Here are some sample scenarios of abuse, neglect and exploitation that might
occur in the HCS program:
A caregiver hits a participant in the HCS program.
A case manager withholds medication from a participant in order to control their behavior.
An individual in the HCS program is not given enough food to eat on a regular basis.
A caregiver coerces or threatens a participant in the HCS program into having sex with them.
A family member of a participant in the HCS program uses their position to access and misuse
their relative’s financial resources.
A professional fundraiser targets elderly participants in the HCS program, taking advantage of
their vulnerabilities.

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Signs that may indicate abuse, neglect or exploitation is taking

place
Signs that may indicate abuse, neglect or exploitation is taking place can include:
Bruises, cuts or other marks on the body that are unexplained
Sudden changes in behavior, such as becoming withdrawn or agitated
Unexplained fearfulness around certain people or places
Increased anxiety or depression
A sudden change in financial circumstances
Missing personal belongings or money
If you notice any of these signs in someone you know who is involved in the HCS
program, it is important to reach out for help as soon as possible.
How do I report suspicions of abuse, neglect and exploitation of
children, adults with disabilities, or people 65 years or older?
The Department of Family and Protective Services provides this secure website for
reporting suspicions of abuse, neglect and exploitation of children, adults with
disabilities, or people 65 years or older.
DFPS Abuse Hotline website
Use this website to report situations that do not need to be investigated right
away. It may take more than 48 hours to process online reports due to high volume.

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When do I call the Texas Abuse Hotline instead of using this

website?

Call the Texas Abuse Hotline when the situation is urgent. Urgent means someone
faces an immediate risk of abuse or neglect that could result in death or serious
harm. Call the Texas Abuse Hotline at 1-800-252-5400 for situations including but
not limited to:
Serious injuries
Any injury to a child 5 years or younger
Immediate need for medical treatment (including suicidal thoughts)
Sexual abuse where the abuser has or will have access to the victim within the next 24 hours
Children age five and under are alone or are likely to be left alone within the next 24 hours
Anytime you believe your situation requires action in less than 24 hours
If you need to call the Texas Abuse Hotline and are deaf and equipped with a
Teletypewriter (TTY), call Relay Texas by dialing 711 or 1-800-735-2989. Tell the relay
agent you need to call the Texas Abuse Hotline at 1-800-252-5400.
Call the Texas Abuse Hotline if for any reason you have trouble reporting your
concerns on this website.
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All HCS Staff Members, Service Providers and Volunteers are instructed to report to
Department of Family and Protective Services (DFPS)
immediately, but not later than one hour, after having knowledge or suspicion that
an individual has been, or is being, abused, neglected or exploited by:
calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
using the DFPS Abuse Hotline website
Final thoughts on abuse, neglect and exploitation
Abuse, neglect and exploitation are serious issues that can have a profound impact
on the lives of those affected by them. If you suspect that someone you know is
being abused, neglected or exploited, it is important to reach out for help right
away. Remember, you are not alone and there are people who can help. To learn
more about abuse, neglect and exploitation in the HCS program, reach out to your
local HCS provider today.

About the Author

Mary Jenkins has over 25 years experience helping individuals with IDD live and
thrive in their community. She founded Above and Beyond Caring in 2007 to provide
Texas HCS services in the Texas Gulf Coast area. She is also the Director of the
Community Inclusion Project, a 501c3 nonprofit dedicated to ensuring all individuals
have access to their community. She is passionate about her work and believes that
everyone deserves the opportunity to be a part of, and contribute to, the world
around them. Mary is a tireless advocate who is passionate about helping
individuals with IDD live fuller, more meaningful lives.

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Learn more about Above and Beyond Caring from their Founder and
Director, Mary Jenkins​

​How It All Started

Above and Beyond Caring started as an
idea 15 years ago, after having the
opportunity to work in this rewarding
field with many wonderful people.
Introduced to this field through a
fortunate opportunity to work with
people with autism after college, my
love for this work developed instantly. I
had many mentors throughout the
years where I learned many valuable
insights, and who generously spent time
to show me how to love this work. Time
spent with all the friends I worked with
was inspiring and challenging, but the

reward was great. How many jobs are

out there where you can walk into a
building and everyone is happy to see
Mary Jenkins

you? How often can you get to know a Mary Jenkins, Founder
family and make a difference in their
lives? This is what motivated me to start Above and Beyond Caring
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