Cause No.  ______________

ORIGINAL PETITION FOR PROTECTION OF AN ELDERLY

PERSON IN AN EMERGENCY

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes the Texas Department of Family and Protective Services (DFPS), Petitioner, and files this its Original Petition for Protection of an Elderly Person in an Emergency and as grounds would show as follows:

I.

This suit is brought under the provisions of Chapter 48 of the Texas Human Resources Code (HRC).  Petitioner is the entity designated by Section 48.002(a)(6) and 48.208(b), HRC, to file suit under this chapter.

II.

This Court has jurisdiction of this suit pursuant to Section 48.208(b), HRC.

III.

 Gertrud Aders, the person who is the subject of this suit (APS Client), is:

• (  X  ) Elderly                        
• Residing at 10210 TIOGA DR, San Antonio, Bexar County, Texas 78230.
• Present location is 10210 TIOGA DR, San Antonio, Bexar County, Texas 78230.  
• Age 89.
• Service of process:  Contact APS Specialist Destinee Castillo at 3635 SE Military Drive, San Antonio, Texas 78223 (210) 862-4798 for the APS Client’s most recent location at time of service since the APS Client may have been removed to a hospital or other place of safety.

IV.

The APS Client is suffering from abuse or neglect presenting a threat to life or physical safety and is physically or mentally incapable of consenting to or rejecting necessary services.

APS has been involved with Ms. Aders since March 22, 2019 due to concerns about the living situation.  According to medical records, Ms. Gertrud Aders is diagnosed with major depressive disorder, hypertension, neuropathy and high blood pressure. Ms. Aders has not been to the doctor since January 2019.  It is unknown if she is taking any medications.  Because of Ms. Gertrud Ader’s missed medical appointment, Dr. Johnston was unable to provide APS with records indicating cognitive impairment. Ms. Gertrud Aders relies on the care of her grandson, Jonathan Brueckel. Mr. Jonathan Brueckel is not a suitable caregiver for Ms. Gertrud Aders. For example, Mr. Jonathan Brueckel is addicted to illegal substances (i.e. heroin and methamphetamines) and allows unknown guests to sleep in Ms. Gertrud Aders’ residence.  Mr. Jonathan Brueckel has overdosed while prividing care for Ms. Gertrud Aders.

In addition, Ms. Gertrud Aders relies on the support of other family member, specifically her ex daughter in law Maria Arranda and grandson Christian Brueckel. Both Maria Arranda and Christian Brueckel have access Mr. Gertrud Aders’ accounts and have not been paying Ms. Gertrud Ader’s water bill. On May 17, 2019, Ms. Gertrud Aders’ water was disconnect due to non-payment. Despite Adult Protective Services’ attempts, family has not been compliant to least restrictive alternatives. Adult Protective Services has made multiple referrals to provider services. However, the referrals have been closed ass Ms. Gertrud Aders was unable to be located by program staff attempting to complete the application. Ms. Gertrud Aders has refused to leave the residence that is occupied by Mr. Jonathan Brueckel and unknown/unwanted guests. San Antonio Police Department personnel have been to Ms. Gertrud Aders’ residence at least eight times since January 2019 for complaints of unwanted guests in Ms. Aders’ residence. These police reports have been originated by Ms. Aders walking to the neighbor’s house late at night, including once at 3 am, and asking them to call the police because of the visitors.

Ms. Gertrud Aders has been observed with matted hair, dirty and over grown nails and fecal matter on lower legs. Ms. Aders’ ex daughter-in-law and her son cook for her, but it is unknown how frequently she eats.  She is emaciated with temporal wasting.  Immediate removal from the home to a hospital or other place of safety and a medical evaluation is necessary to alleviate the threat to life or health.

V.

        Petitioner obtained a physician’s evaluation, which is attached hereto and incorporated by reference verbatim herein as Exhibit A.  

VI.

Petitioner believes that the following services are needed by the APS Client:  

• Immediate removal from the place of residence to an appropriate medical facility for any necessary medical and diagnostic services to alleviate immediate threat to the person's life or physical safety, and other protective services.
• Authority to seek a temporary suitable placement if discharge occurs from the hospital before this order ends.
• Petitioner further requests that the Court order that law enforcement officers or emergency medical personnel to assist Petitioner in carrying out this court’s orders.

VII.

        Petitioner requests that an attorney ad litem be appointed for the person who is the subject of this suit under the provisions of Section 48.208(g), HRC.

VIII.

The Petitioner requests that, if necessary, Petitioner be authorized by the Court to collect, transport, secure, or store the belongings of the person who is the subject of this suit for the purpose of safekeeping.

PRAYER

Wherefore, Petitioner prays that the Court issue an emergency order without notice that:

• The APS Client be removed from the APS Client’s residence;
• Be taken to a hospital or other suitable place for medical evaluation;
• All necessary medical and protective services be provided to the APS Client to alleviate the emergency;
• Appoint an attorney ad litem for the person who is the subject of this suit;
• Set this matter for a hearing at the earliest date and that notice be issue as required by law.

Petitioner prays for general relief.

STATE OF TEXAS

COUNTY OF BEXAR

VERIFICATION OF PETITION

I, Destinee Castillo, state under oath that I am the designated employee- representative of Adult Protective Services, a division of the Texas Department of Family and Protective Services (DFPS) and that the facts and allegations in the foregoing Petition are to the best of my belief and knowledge true and correct.

SUBSCRIBED AND SWORN TO before me the undersigned Notary Public on this 15th day of May, 2019.

 Cause No. _______________

EX PARTE EMERGENCY ORDER

On the _____ day of May, 2019, came on to be heard the petition filed in this cause.

Petitioner appeared through its authorized agent Destinee Castillo and by attorney _____________________.

The Court finds that it has jurisdiction of this cause under Section 48.208(b), Human Resources Code (HRC).

After considering the verified pleadings presented, the Court finds that there is reasonable cause to believe that abuse or neglect presents an immediate threat to life or physical safety of Gertrud Aders, an elderly person (APS Client), and that the said elderly/disabled person lacks the capacity to consent to services.

IT IS THEREFORE ORDERED that:

1.        The elderly person who is the subject of this suit, Gertrud Aders, be removed from the APS Client’s residence and be taken to an appropriate medical facility.

2.                                                                      is hereby appointed attorney ad litem for Gertrud Aders and that all medical and financial records for Gertrud Aders be made available to this attorney for examination.

3.        The APS Client receive any necessary medical and protective services to alleviate any threat to life or physical safety including:

• Evaluation, diagnosis and treatment;
• If discharged from a medical facility before expiration of this order, temporary placement in a safe environment

4.        Law enforcement officers and emergency medical personnel assist Petitioner in carrying out this order, as provided in §48.208(d)(3) necessary.

5.        If necessary, the Texas Department of Family and Protective Services shall collect, transport or store the APS Client’s belongings for safekeeping.

6.        A further hearing in this cause be held before this Court on the _________ day of, May, 2018 at               o'clock      .M. to determine whether further orders are needed.

7.        Service of process be served to Gertrud Aders.

If no extension is granted, this order expires 10 days from the date it is issued unless that date falls on a Saturday, Sunday, or legal holiday in which event the order is automatically extended to 4:00 p.m. on the first succeeding business day.

Signed the            day of May, 2019 at               o'clock              .M.