What is supposed to happen is a social worker from APS visits the vulnerable or abused adult, and interviews him/her and others in her life, and decides what action to take, if any, to ensure the well-being of the person of concern.
Upon receiving a report of abuse involving an elderly or vulnerable adult, APS agencies typically provide the following services:
- Investigations - Evaluations of client risk and mental capacity - Development and implementation of a case plan tailored to the victim - Counseling for the client - Assistance in connecting the client with additional services and benefits - Ongoing monitoring of the delivery of services
In conducting investigations, APS agencies also work closely with law enforcement in the event that criminal abuse against elderly or vulnerable adults is uncovered.
Principles Guiding APS Agencies
According to NAPSA, below are the six main principles that guide APS agencies in the delivery of services to elder or vulnerable adults:
- The client has a right to self-determination. - The least restrictive alternative should be used. - The family unit should be maintained wherever possible. - The use of community-based services should be preferred over institutions. - Blaming the victim should be avoided. - Failure to provide adequate or appropriate services is worse than providing no services.
Filing a Report with Adult Protective Services
If you file a report with Adult Protective Services, the details of the report will first be screened by a trained professional to determine whether APS 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. California, 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.
I am curious to know what happens to a reporting party when they file a false report and evidence shows that the vulnerable party in in fact receiving appropriate care.
Each state has their own APS. The state takes over guardianship of a person who is not able to care for themself, including all of their financial assets. It should be a last resort, as the person assigned to oversee the care is doing this as a court-appointed caregiver. It may not be a family member or anyone who knows the person.
APS is only granted guardianship by a court in extreme situations of abuse, financial or mental or physical and only after an investigation. If there is imminent danger then there can be an emergency hearing and can happen quickly.
APS does not provide care, they will find an appropriate level of care when necessary.
False reports, in some states, can now be prosecuted! There are so many because of family dysfunction something had to be done. That is what happened in my case.😢😢😠😠 Hopefully you do not have twisted sissies.
PennyBob: Per Google - "APS specialists investigate reports of alleged abuse, neglect or financial exploitation to determine if the reported situation exists, and to what extent it adversely affects the alleged victim. The specialist initiates an investigation of the reports within 24 hours of receipt of the report by the department."
This is a tricky situation. We had an elderly neighbor who was being exploited by a relative. His home was being used as a drug house, the man had been beaten up and abused. A concerned neighbor contacted APS who investigated. The man said it was all OK because the nephew was "taking care of him." Because the man didnt want to be removed from his home he declined services and the abuse continued until his death.
I live in Riverside County, CA. I have had APS here twice. They will tell you nothing, You have no idea if there is a resolution to the case. I contacted my attorney a certified elder advocate. He has no use for them and told me if they come back before I let them in the house, have them contact him.
One of the things someone reported me for was "keeping him isolated." This was right in the middle of the Covid lockdown. Fortunately, I could prove he had friends talking to him on the telephone, and we had taken dinner to his niece's house., where we ate on the patio keeping social distances.
We currently have a big bu-ha-ha in the county. 13 children from one family had been found in awful conditions. Both parents are in prison now. Some of these children are adults. Many thousands of dollars were raised by good people to help them. No one will release any information about the money. The County Booard of Supervisors and their outside attorney can't find out what happened to all that money. The people it was supposed to go to, have never seen it. APS and CPS will not give out any info, not even with a court order
I have an addendum to my answer. My hubby who has Alzheimer's slapped me around, I called 911 which started another round of investigations by APS. There was one Social Worker for both of us. It was very rocky at first. When the police were there they wanted me to leave because he was old (he is 90, I am 88) and has a Pacemaker. Also, they couldn't get a hold of anyone to take him and I still drive. Before you know it, he was the one getting all the attention. I was told that it was my responsibility to take care of him. There is no way in the world I am leaving myself open to be hit again. The worker admitted she had no knowledge of dementia systems or patients. She kept insisting I treat him like he is normal. Finally, I have satisfied her and this time she told me that she is so busy that she won't be talking to me again unless something else happens.
I tried to be respectful and helpful. Some of her "suggestions" were unreasonable. At one time, she had totally forgotten that I was the victim. I would just remind her that I was afraid of him and I was not going to be alone with him. She did help with placement suggestions.
It depends on what the contact is about and, to an extent, on who's doing the contacting.
In very broad terms: APS takes a call reporting a concern. The person who receives the call documents the details and decides on the next step to take. The next step could range from No Further Action (with the reasons also documented) to referral to other agencies to further investigation all the way through to immediate intervention, possibly with police support.
Nothing. They will kick the tires so to speak then file a report, not enough evidence to support the claim, then close it. Remember you will never know what they did during this tire kicking situation. The only person who will know is the one doing all the damage. We were involved with an almost 2-year struggle with our elder abuse case. Supplied a mountain of health reports from doctors and specialists dealing with Alzheimer's in an effort to support our claims. Along with obvious signs of self-dealing inside the trust. The "NEW" husband was out doing as much damage as he could to the finances, because why? Well, he was the husband and you kids didn't care about her. Our family had to watch from the sidelines. Asked to be involved only to find out that the husband had changed the trust documents, POA documents the MPOA documents and placed POD on all of mom's bank accounts. Guess who got that money as well. We only found out after mom died what was going on. He placed the financial guy's daughter on as MPOA over his own children. Why? Gee I don't know. After 2 years of struggle, we found documents that supported our claims of elder abuse, financial, which from what I understand is the bedrock for other forms of abuse as well. In our state the law says, financial abuse is punishable. Ah the humor these law makers have when they write laws and never follow through on them. We witnessed the inaction of those laws as well. The new husband isolated mom in a new house for himself, and her. Said it was a good move for them. Then he moved out a few weeks after she died. Trying to snatch the value of the home for himself. In the end, I asked the APS rep what was going on with our case. She said its closed, your mom had died, and we only support the living. Well, for your tax dollars spent to support her job and all those in the food chain it's a matter of how costly will this case be to pursue? With everything involved if it's a matter of who gets what, those needing a paycheck will say unsupported action and close the case. You will never know why. Elder Abuse has not changed over the years. An elderly alone is a prime target for the losers of the world. They will have the ability to feed off of a family's generations of toils. Then when their actions are given the acid test, they will surprisingly come out pure as water. But, but, but nothing the family doesn't know what was going on. Before our family fell into this well of despair, we knew nothing about the issues. at hand. Now, we all know that Elder Abuse is real, and the system set to help us deal with it is nothing more than an expensive paper tiger. We were told to hire a civil lawyer. On our dime once again. In the end we have 3 lawyers feeding off our family. Eating at both ends. The new husband who had taken out bankruptcy prior to "meeting" mom has been in, new home number 6 as of last counting, since marrying mom. Not bad for being bankrupt prior. They were only married 3 years before she died. Mom lost her memory of us before things went really bad. The new husband played on that issue removing all obstacles in his way to open the door to financial independence at the hands of my family. In the end remember the APS is nothing more than an offshoot of the Child protective services and in most cases those who work in that field are burned out dealing with the degenerates of our society. Which over time jades their perceptions of right and wrong and leaves the vulnerable exposed to the wolves of the world. The new husband was our form of a TV Evangelist. Selling salvation which they know is nothing more than hot air and the largest form of elder abuse in our society.
Sorry to hear you got the same result as I did. When I told them what was going on with my sibling & my mom their agent said “ pretend she’s dead & move on with your life”
We pay them with our tax $$ & they get all kinds of benefits & pensions
I hear you. But that’s so wrong!! I guess they don’t realize that some elderly are at the beck and call of their caregivers and will say anything to alleviate repercussions!
Certain professionals are mandated reporters (where I live) & must report if they hold strong suspicions of neglect or abuse of children & vulnerable adults .
I have answered Doctor's, Nurses & other professionals questions re a vulnerable LOs situation & possible self-neglect. Despite issues, seems the criteria for neglect/self-neglect was not at that level.
I have read some Guardianship case files (freely available online) but with identifying details removed. Very sad. Many with dementia but also TBI & other disabilities - where people were unable to care for themselves yet lacked insight to know.
One man had been placed in a NH following a health event: hospital-rehab-NH. Kept absconding. At home APS had visited & set up services to assist with his household & hygiene. He would refuse entry to staff. Neighbours concerned by odours, vermin & more than one fire. Varients on this were very very common.
*Least restrictive* is always trialled first. So home + services. Court insisted cog ax, guardianship & locked geri-pscych NH are last resort (but do happen).
Unfortunately, if the subject of the APS investigation is still found to be competent , they can choose not to give permission for outcome and results to be shared.
What Services Do APS Agencies Provide?
Upon receiving a report of abuse involving an elderly or vulnerable adult, APS agencies typically provide the following services:
- Investigations
- Evaluations of client risk and mental capacity
- Development and implementation of a case plan tailored to the victim
- Counseling for the client
- Assistance in connecting the client with additional services and benefits
- Ongoing monitoring of the delivery of services
In conducting investigations, APS agencies also work closely with law enforcement in the event that criminal abuse against elderly or vulnerable adults is uncovered.
Principles Guiding APS Agencies
According to NAPSA, below are the six main principles that guide APS agencies in the delivery of services to elder or vulnerable adults:
- The client has a right to self-determination.
- The least restrictive alternative should be used.
- The family unit should be maintained wherever possible.
- The use of community-based services should be preferred over institutions.
- Blaming the victim should be avoided.
- Failure to provide adequate or appropriate services is worse than providing no services.
Filing a Report with Adult Protective Services
If you file a report with Adult Protective Services, the details of the report will first be screened by a trained professional to determine whether APS 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. California, 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.
APS does not provide care, they will find an appropriate level of care when necessary.
https://www.211.org/
One of the things someone reported me for was "keeping him isolated." This was right in the middle of the Covid lockdown. Fortunately, I could prove he had friends talking to him on the telephone, and we had taken dinner to his niece's house., where we ate on the patio keeping social distances.
We currently have a big bu-ha-ha in the county. 13 children from one family had been found in awful conditions. Both parents are in prison now. Some of these children are adults. Many thousands of dollars were raised by good people to help them. No one will release any information about the money. The County Booard of Supervisors and their outside attorney can't find out what happened to all that money. The people it was supposed to go to, have never seen it. APS and CPS will not give out any info, not even with a court order
I tried to be respectful and helpful. Some of her "suggestions" were unreasonable. At one time, she had totally forgotten that I was the victim. I would just remind her that I was afraid of him and I was not going to be alone with him. She did help with placement suggestions.
In very broad terms:
APS takes a call reporting a concern.
The person who receives the call documents the details and decides on the next step to take.
The next step could range from
No Further Action (with the reasons also documented) to
referral to other agencies to
further investigation all the way through to
immediate intervention, possibly with police support.
Do you mind if I ask why you ask?
We only found out after mom died what was going on. He placed the financial guy's daughter on as MPOA over his own children. Why? Gee I don't know. After 2 years of struggle, we found documents that supported our claims of elder abuse, financial, which from what I understand is the bedrock for other forms of abuse as well. In our state the law says, financial abuse is punishable. Ah the humor these law makers have when they write laws and never follow through on them. We witnessed the inaction of those laws as well. The new husband isolated mom in a new house for himself, and her. Said it was a good move for them. Then he moved out a few weeks after she died. Trying to snatch the value of the home for himself. In the end, I asked the APS rep what was going on with our case. She said its closed, your mom had died, and we only support the living. Well, for your tax dollars spent to support her job and all those in the food chain it's a matter of how costly will this case be to pursue? With everything involved if it's a matter of who gets what, those needing a paycheck will say unsupported action and close the case. You will never know why. Elder Abuse has not changed over the years. An elderly alone is a prime target for the losers of the world. They will have the ability to feed off of a family's generations of toils. Then when their actions are given the acid test, they will surprisingly come out pure as water. But, but, but nothing the family doesn't know what was going on.
Before our family fell into this well of despair, we knew nothing about the issues. at hand. Now, we all know that Elder Abuse is real, and the system set to help us deal with it is nothing more than an expensive paper tiger. We were told to hire a civil lawyer. On our dime once again. In the end we have 3 lawyers feeding off our family. Eating at both ends. The new husband who had taken out bankruptcy prior to "meeting" mom has been in, new home number 6 as of last counting, since marrying mom. Not bad for being bankrupt prior. They were only married 3 years before she died.
Mom lost her memory of us before things went really bad. The new husband played on that issue removing all obstacles in his way to open the door to financial independence at the hands of my family. In the end remember the APS is nothing more than an offshoot of the Child protective services and in most cases those who work in that field are burned out dealing with the degenerates of our society. Which over time jades their perceptions of right and wrong and leaves the vulnerable exposed to the wolves of the world.
The new husband was our form of a TV Evangelist. Selling salvation which they know is nothing more than hot air and the largest form of elder abuse in our society.
We pay them with our tax $$ & they get all kinds of benefits & pensions
I have answered Doctor's, Nurses & other professionals questions re a vulnerable LOs situation & possible self-neglect. Despite issues, seems the criteria for neglect/self-neglect was not at that level.
I have read some Guardianship case files (freely available online) but with identifying details removed.
Very sad. Many with dementia but also TBI & other disabilities - where people were unable to care for themselves yet lacked insight to know.
One man had been placed in a NH following a health event: hospital-rehab-NH. Kept absconding. At home APS had visited & set up services to assist with his household & hygiene. He would refuse entry to staff. Neighbours concerned by odours, vermin & more than one fire. Varients on this were very very common.
*Least restrictive* is always trialled first. So home + services. Court insisted cog ax, guardianship & locked geri-pscych NH are last resort (but do happen).