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Adult Protective Services, What You Must Know:
What is APS? Adult Protective Services (APS) programs promote the safety, independence, and quality-of-life for vulnerable adults who are, or are in danger of, being abused, neglected by self or others, or financially exploited, and who are unable to protect themselves. APS is a social service program authorized by law in every state to receive and investigate reports of elder or vulnerable adult maltreatment and to intervene to protect the victims to the extent possible.
APS can differ from state to state and even from county to county in terms of definitions, client eligibility requirements and standards of practice. In the vast majority of states, APS clients are “vulnerable adults”, or adults 18 and older with a significant physical and/or mental impairment. In a few states APS serves only older persons (usually age 60 and above), while in a few other states older persons can be served based on age alone; i.e. they do not have to have a disability. APS responds to reports of elder/vulnerable adult abuse in private homes in every state; in about half the states they also investigate reports in nursing homes and other long-term care facilities.
REPORTING ELDER/VULNERABLE ADULT ABUSE:
In nearly every state there are certain professions that are required by law to report concerns of maltreatment (called “mandatory reporting”). Some states require all citizens to report concerns. All states accept voluntary reports, allow for anonymous reports, and provide good-faith reporters with legal protections. Reports to APS are often made by phone, although some states have web-based methods of accepting reports. For a list of state reporting information, please visit www.napsa-now.org/help-in-your-area. When a report is made, the program must determine if the victim and the allegations meet state definitions/criteria. Reports that do not are referred to other agencies for assistance.
WHAT DOES APS DO?
• Receives reports of alleged abuse, neglect, self-neglect or financial exploitation and determines if the client is eligible.
• Investigates the allegations through interviewing the client, collateral contacts, alleged abuser(s) and through examining evidence such as medical and bank records.
• Addresses emergency needs for food, shelter or law enforcement protection • Determines whether abuse is occurring or not. If it is not, the case is closed.
• If it is, develops a case plan, with the client, to stop the abuse, and to address the client’s health and safety needs through services such as medical or mental health treatment, housing assistance, legal assistance, financial assistance, personal care, and home delivered meals.
CLIENT PROTECTIONS:
• As is the case with any adult, victims have the right to decline protective services unless a qualified professional determines they are unable to make decisions for themselves. In these cases, APS may need to petition the legal system to appoint a guardian or conservator, or seek a court order for involuntary protective services. It is the duty of the APS professional to exhaust all other measures before seeking involuntary protective services.
• All client information is held in strict confidence by APS and generally may not be disclosed without a court order or a release of information signed by the client.
• APS professionals work collaboratively with other professionals to ensure the safety of vulnerable adults. This collaboration often takes the form of multidisciplinary teams consisting of professionals from social services, criminal and civil justice, mental health, medicine, finance, public health and other services.
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