ADULT PROTECTIVE SERVICES

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Adult Protective Services (APS) are services that are provided by the county Department of Jobs and Family Services or its designated agency to the elderly who are in danger of harm and/or are unable to protect themselves.

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WHO IS ELIGIBLE FOR APS?

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A person who meets the following qualifications is eligible to receive protective services:

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• Sixty (60) years of age or older

• Who is within the state

• Handicapped by the infirmities of aging, or who has a physical or mental impairment which prevents the person from providing for the person's own care or protection

• Who resides in an independent living arrangement.

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WHAT IS AN INDEPENDENT LIVING ARRANGEMENT?

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An independent living arrangement is a domicile of a person's own choosing, including, but not limited to, a private home, apartment, trailer, or rooming house. This includes licensed community alternative homes, but does not include other institutions or facilities licensed by the state, or facilities in which a person resides as a result of voluntary, civil or criminal commitment.  It does not include licensed adult care facilities.

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WHAT IS ABUSE, NEGLECT AND EXPLOITATION?

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Abuse means the infliction upon an adult by self or others of injury, unreasonable confinement, intimidation, or cruel punishment resulting in physical harm, pain, or mental anguish.  

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Neglect means the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness, or the failure of a caretaker to provide such goods or services.

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Exploitation means the unlawful or improper act of a caretaker using an adult or an adult's resources for monetary or personal benefit, profit or gain.  

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WHO MAY REPORT ABUSE, NEGLECT OR EXPLOITATION?

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Certain parties are mandatory reporters and are required to report any credible instances of abuse, neglect or exploitation, including, but not limited to:

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• Attorneys

• Chiropractors

• Clergy

• Coroners 

• Dentists

• Licensed Nurses

• Peace Officers

• Physicians

• Podiatrists

• Osteopaths

• Psychologists

• Employees of adult care and residential care facilities

• Home health care providers

• Senior service providers

• Mental health providers

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Any person who has reasonable cause to believe that an adult has suffered from abuse, neglect or exploitation may voluntarily report or cause reports to be made.

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WHAT TYPE OF INFORMATION IS REQUIRED?

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The APS unit will obtain:

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• The name, address and approximate age of the adult who is the subject of the report

• The name and address of the individual responsible for the adult's care, if any individual is, and if the individual is known

• The nature and extent of the abuse, neglect or exploitation of the adult

• The basis of the reporter's belief that the adult has been abused, neglected, or exploited

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DOES IMMUNITY EXIST FOR REPORTERS?

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Any person with reasonable cause to believe that an adult is suffering from abuse, neglect or exploitation who makes a report or who testifies in any administrative or judicial proceeding arising from such report shall be immune from civil or criminal liability on account of such investigation, report or testimony, except liability for perjury.  Immunity from civil or criminal liability extends to any employee of the state or any of its subdivisions.

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WHAT HAPPENS AFTER A REPORT?

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APS will investigate the reports of alleged abuse, neglect, or exploitation:

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Within 24 hours if there is an emergency situation, or

Within 3 working days in a non-emergency situation

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APS will conduct a face-to-face interview with the adult who is the subject of the report.  If feasible, APS will consult the person who made the report and agencies and persons who have additional information.

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POTENTIAL SIGNS OF ELDER ABUSE:

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Declining physical appearance:  inappropriate, inadequate or damaged clothing, black eyes, welts, lacerations, rope marks, poor personal hygiene

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Severe or frequent injury or illness:  bone fractures and breaks, dehydration, malnutrition, untreated bedsores, unattended or untreated health problems

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Substandard living conditions:  unsafe environment (e.g. improper wiring, no heat, no running water) or unclean or unsanitary conditions (e.g. dirt, fleas, stains on bed and furniture, fecal or urine smell)

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Problems with care providers:  substandard care, lack of necessary medical aids (e.g. eyeglasses, hearing aids, dentures), caregiver refuses to let visitors see the individual alone

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Financial issues:  bills aren't getting paid despite adequate financial resources, sudden changes in bank accounts or banking practices, unexplained withdrawals, abrupt changes in a will or financial documents, unexplained disappearance of funds or valuable possessions, forged signatures, unexplained transfers of assets

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Behavior changes:  sudden onset of erratic or irrational behavior (e.g. emotionally upset or agitated, extremely withdrawn)

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