In Utah, United States, Adult Protective Services (APS) are agencies that provide protective social services to elderly adults (typically those age 60 or 65 and older) as well as vulnerable adults (typically those with serious disabilities). Adult Protective Service agencies are the adult equivalent to Child Protective Services and play a critical role in combating elder abuse or the abuse of other vulnerable adults. Such abuse can include neglect, physical abuse, sexual abuse, emotional or psychological abuse, abandonment, or financial abuse. According to the National Adult Protective Services Association (NAPSA), over the past several decades, Adult Protective Service agencies have developed from the ground up. They first emerged at the state and local levels and only recently received greater support from the federal government. Thus, the development of most Adult Protective Service agencies occurred before the benefit of federal coordination and also before the benefit of comprehensive research in the field of elder or vulnerable adult abuse, a more recent phenomenon. As of today, Adult Protective Services agencies exist in every state and are normally administered at the local or county level. Two-thirds of states place their Adult Protective Service agencies within their Department of Social Services. For the remaining states, Adult Protective Service agencies are placed within a state department on aging or health. In addition, while a few states, such as Ohio, limit Adult Protective Services only to the elderly, most states (90%) provide Adult Protective Service to vulnerable or dependent adults as well as the elderly. What Services Do Adult Protective Service Agencies Provide?Upon receiving a report of abuse involving an elderly or vulnerable adult, APS agencies typically provide the following services: Principles Guiding APS AgenciesAccording to the National Adult Protective Services Association (NAPSA, below are the main principles that guide APS agencies in the delivery of services to elder or vulnerable adults: Filing a Report with Adult Protective ServicesIf you file a report with Adult Protective Services, the details of the report will first be screened by a trained professional to determine whether Adult Protective Service has jurisdiction to move forward. If so, you can expect an APS caseworker to be assigned to investigate the case and establish a relationship with the potential victim. In some states, a caseworker is required, by law, to contact the potential victim in person within a certain number of days. Utah, for example, requires a caseworker to make such “in-person” contact immediately in cases of imminent danger or, for all other cases, within ten days. During the investigation, the caseworker will investigate the facts and, where appropriate, report any criminal activity to law enforcement. However, unlike a traditional law enforcement investigation, APS caseworkers are also specifically trained to develop a relationship of trust with the potential victim and to provide a case plan specifically tailored to the potential victim’s needs. While laws vary from state to state, some states allow for APS reports being submitted anonymously. Some states also protect the person making the report from civil and criminal liability, as long as the report was made in good faith. Such laws also protect those initiating reports from any professional disciplinary action. This is to encourage doctors or other medical professionals to report suspicions of abuse without fear of breaching any professional obligations of confidentiality or any privacy laws relating to medical records. To initiate a report of elder abuse or abuse of a vulnerable adult, contact your local Adult Protective Services office. the National Adult Protective Services Association (NAPSA) provides an APS locator on its webpage to assist in locating an office near you. Services Rendered By APSAPS can provide short-term (normally less than 30 days) case management services. In addition, APS can make service referrals to community agencies that can provide long-term support. Examples of these services are listed below. Types of Abuse For Adult Protective Services• Physical: e.g. Hitting, kicking, burning, dragging, over or under medicating What Are The Warning Signs Of Adult Abuse?These are some possible warning signs that abuse might be occurring to an older or disabled adult or that the individual is at increased risk for abuse. If you observe some of these occurring with an older or disabled adult you know, consider alerting County Adult Protective Services. When a report of abuse, neglect or exploitation is received, APS’s goal is to create a stable environment where the individual can safely function without requiring on-going intervention from the APS program. Services provided by APS include responding to reports of known or suspected abuse or neglect, conducting an investigation, and arranging for the delivery of services from available community agencies. APS is not intended to interfere with the life style choices of elders or dependent adults, nor to protect those individuals from the consequences of their choices. For this reason, an elder or dependent adult who has been abused may refuse or withdraw consent at any time to preventive and remedial services offered by an APS agency. However, APS is required to conduct an investigation when there is an allegation that a crime has been committed, regardless of whether the elder or dependent adult wants the investigation to go forward or not. Benefits to Reporting Abuse• The elder or dependent adult will be given options to keep him/her safe from harm Failing to Recognize Signs of AbuseMany family members, friends, or even nursing facility staffs don’t know how to identify the signs of possible abuse or what they should do if they have reason to believe that an elderly adult is being abused. Red flags that may indicate abuse include: Fear of RetributionWhile declining cognitive abilities may leave many elders unable to report abuse, another reason elders may be reluctant to talk about what is happening to them is fear of retribution. This is true for abuse in home settings as well as in skilled nursing facilities. This may be particularly true if the abuser is the elder’s primary caretaker. In institutional settings, fear of retribution may also cause residents to feel uncomfortable about reporting abuse that they witness other residents experiencing. It is hard to report abuse by someone upon whom you are completely dependent. Some of the questions an elder may be asking themselves include: Adult Protective Services LawyerWhen you need legal help with APS in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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