Virginia Regulatory Town Hall
Agency
Department of Social Services
 
Board
State Board of Social Services
 
chapter
Adult Protective Services - [22 VAC 40 ‑ 740]
Action Amend Adult Protective Services
Stage Proposed
Comment Period Ended on 11/23/2012
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10/9/12  10:30 am
Commenter: Sue Ellen Mawhinney

APS Regulation Revision Public Comment Period
 

 

As an Adult Protective Services (APS) Social Worker, I have serious concerns about the proposed change to provide notification to perpetrators. In cases where we are conducting a joint investigation with law enforcement, our disclosure to the perpetrator may jeopardize an ongoing criminal investigation. The proposed notification seems likely to spur a host of intended consequences. An increase in the risk of abuse, neglect or exploitation of the vulnerable adult could be anticipated as the perpetrator may retaliate by serving to isolate the adult from resources such as social services, medical providers or other community resources out of fear of further disclosure. 
 
Adult Protective Service workers are often dependent upon the cooperation of a perpetrator to gain access to a client, to obtain relevant case information and to provide sometimes on-going care for a vulnerable adult. APS workers often need to partner with the perpetrator in order to assess and develop an appropriate plan of care that does not further jeopardize the client. APS differs from Child Protective Services in that adults can choose to remain in abusive, exploitative or neglectful relationships. APS needs to recognize that after our investigation has been completed, a client may choose to remain engaged in an unhealthy relationship and we should be aware that our role should remain focused on protecting the vulnerable and providing resources, services and information to that end. 
 
As law enforcement is responsible for conducting investigations which may yield criminal or civil charges, the legal system is the mechanism by which the perpetrator’s rights and due process are met. I’m not sure how written notification to a perpetrator from APS would achieve “protection” of a vulnerable adult.  
CommentID: 24272