what to do when being investigated by cps for elder abuse neglect

Mission & Purpose

The primary purpose of Adult Protective Services (APS) is to investigate reports of developed corruption, neglect, and financial exploitation while providing least restrictive interventions.  It is the mission of APS to provide back up and services to vulnerable adults to improve the rubber, well-being, and independence of victims of abuse, fail, self-neglect, and fiscal exploitation .

Who can receive Developed Protective Services?

APS is available without regard to income for adults who are 18 years of age or older, or emancipated minors if:

• The private meets the definition of vulnerable OR is a resident of a nursing home or other facility; and
• Reported to be a victim of abuse, neglect (including self-neglect), fiscal exploitation, or in an emergency situation.

Who is considered vulnerable?

A vulnerable developed is a person who by reason of concrete or mental condition in unable to independently carry out daily activities necessary to sustain life, reasonable health, and protection.

What are the responsibilities of Adult Protective Services?

• Investigate reports of abuse, neglect and financial exploitation
  
• Comport investigations in the home or facility
• Provide advisable services and supports based on the conclusions drawn from the investigation

What is maltreatment?

Abuse is the infliction or threat of physical or psychological damage, including the utilise of undue influence or the imprisonment of a vulnerable adult or facility resident.

Fail is the unreasonable failure past a caregiver to provide the care necessary to maintain the safety or health of a vulnerable adult or cocky-neglect by a vulnerable adult, including the use of undue influence by a caregiver to cause cocky-neglect.

Self-fail is the inability of a vulnerable developed to come across his/her ain basic needs of daily living due to mental or physical status.

Financial exploitation is the intentional misappropriation, misuse, or utilise of undue influence to cause the misuse of funds or assets of a vulnerable adult or facility resident. Financial exploitation does not use to a transaction or disposition of funds or assets where a person made a skillful-faith effort to assist the vulnerable adult or facility resident with the direction of his or her money or other items of value.

For boosted information, please review:

Client Rights and Alleged Perpetrator Rights
APS Mandatory Reporting Course
Developed Services Policy

To acquire warning signs of developed corruption, fail, and financial exploitation click here.

How do I brand a report of abuse, neglect or exploitation?

Reports are made to Primal Intake for Abuse and Neglect past calling one-800-352-6513.

Am I protected if I make a report?

Under WV Code §ix-half-dozen-12 persons making a report in good faith are immune from civil or criminal liability.

Please note, communications between a husband and wife to a mandated reporter almost the corruption, neglect, and/or financial exploitation of an vulnerable adult isNot privileged advice. The only privileged communication continues to be between an attorney and a client.

If you believe a vulnerable adult is a victim of abuse, neglect, and/or financial exploitation, you shall immediately brand a study.

In addition nursing homes and other residential facilities are prohibited from discharging or discriminating confronting a person who makes a written report. Failure to comply with this prohibition could result in revocation or suspension of their license.

Is my written report but reviewed by Developed Protective Services staff?

In certain instances, a report must likewise be sent to other parties, such equally:

• law enforcement agency and prosecuting attorney (in case of serious injury, death, or criminal allegations)

• medical examiner or coroner (in case of expiry)

• state or regional long-term intendance ombudsman (if alleged victim is resident of a nursing domicile or other residential facility)

• facility ambassador (if alleged victim is a resident of a nursing dwelling house or other residential facility)

Can I refuse Adult Protective Services?

APS workers uphold the right to self-determination of all clients. Information technology is of the utmost importance to heighten capacity and permit vulnerable adults to address their own needs. When working with vulnerable adults, APS workers shall ensure that the developed'southward rights, as guaranteed nether the Fourteenth Amendment of the U.s.a. Constitution and the Westward Virginia Constitution, are non infringed upon unnecessarily.

When a report of corruption, neglect, or financial exploitation of a vulnerable adult or facility resident is received and scheduled for investigation, the investigation is mandatory and cannot be refused by the alleged victim, caregiver or others.

After the investigation is complete, an developed who has conclusion-making capacity has the option of accepting or refusing services that may be offered.

What happens subsequently the investigation?

The conclusion as to who meets the criteria for interventions through APS is made based on the data gathered and the conclusions fatigued during the investigation phase of APS. Services are primarily case management and are short-term.

The criteria for the type of services are:

APS Case Management Services The individual must meet all the following criteria simultaneously: The individual must be 18 years of age or an emancipated minor. The adult must meet the legal definition of vulnerable or be a facility resident. The adult is determined to have been abused, neglected and/or financially exploited. Whenever all criteria listed above are present, an Adult Protective Service state of affairs will be substantiated, and a example opened for Adult Protective Services. Case direction under Adult Protective Services may be provided for upward to 12 months.

Preventive APS Services In some situations not all criteria for Developed Protective Services are met, however, it is probable some intervention is needed. In those situations the individual must meet the following criteria: The private must exist eighteen years of age or an emancipated minor. The adult must meet the legal definition of vulnerable or be a facility resident. Information technology is probable the state of affairs will develop into a full Adult Protective Services situation without some intervention. Whenever the to a higher place criteria are present, an Adult Preventive Service case may exist opened. Instance direction under Adult Preventive Services may be provided for upwardly to 6 months.

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Source: https://dhhr.wv.gov/bcf/Services/Pages/Adult-Protective-Services.aspx