As a previous APS worker, and now supervisor, I have some serious concerns about the proposed APS regulations.  I understand and respect peoples’ right to due process; however, with regard to APS cases, I believe it will set in motion a myriad of unintended consequences.  My greatest concern about the proposed regulations deals with the effect it will have on our most fragile and vulnerable clients.  We, as APS professionals, listen and respect the rights of our clients. The intent of APS is to provide services to at-risk or vulnerable adults.  This proposed regulation will eradicate our ability to do our jobs effectively and cause us to be the catalyst for even more abuse or neglect that will go unreported due to our clients’ fears of further repercussions. 

For example, when we go out and speak with our clients, and they tell us, “Yes, my son/daughter is verbally abusing me, but I don’t want you to speak with them,” we respect that adult’s right to self- determination.  By requiring APS to send a letter of notification to the “alleged perpetrator,” who is also the adult’s family member, and 99 percent of the time, lives with them, we are doing two things:  (1.) We are ignoring the adult’s request to us, thus sabotaging the client-casework relationship and compromising any further services identified, yet to be put in place and (2.) We, the “protectors,” are setting up our clients for further/continued abuse when the “alleged perpetrator” receives notification from our office.

Due process is currently in place for licensed individuals being investigated by regulatory authorities regarding allegations of abuse, neglect and exploitation.  Due process is in place for those charged criminally with abuse, neglect and exploitation.  Since APS does not have the authority to “charge” an alleged perpetrator with abuse, neglect or exploitation, adding due process to APS regulations is misguided and inappropriate.  Please keep the focus on “protecting our most vulnerable Virginians.”