I am writing to express concern with portions of the proposed Adult Protective Services(APS)  Regulations, namely, 22VAC40-740-140(H), which would provide that alleged perpetrators be notified of the disposition of the APS investigation. I fear that such notification may in some cases endanger the alleged victims, since many of them live with or otherwise are dependent on the perpetrator. I believe that retaliation against the victim is a very real possibility. Moreover, there are currently no negative consequences for the alleged perpetrator from  the APS investigation findings. Unlike Child Protective Services (CPS), there is no Adult Abuse Registry. Therefore, I urge that the proposal to notify perpetrators be deleted in its entirety.

If such a notification requirement is to be retained at all, I recommend that the right to review should only be provided when an alleged perpetrator has been charged with a crime. If you were to adopt this approach, the proposed regulation might read as follows:

H. The local department shall notify the alleged perpetrator in writing within 10 working dates of the completion of the investigation, if the disposition is needs protective services and accepts, needs protective services and refuses, or need for protective services no longer exists.  If the alleged perpetrator has been charged with a crime as a result of the local department’s investigation, he should be notified in writing by the local department within 10 working days of the completion of the investigation. If licensing or regulatory agencies were also notified of the disposition, the notification shall state the name of these agencies and the date they were notified. The notification shall also state that if the alleged perpetrator disagrees with the findings of the investigation that he has the right to request a review by the director and to amend the record if there are any factual errors. The notification shall include information used by the local department to support the findings of the investigation.

Should the Commonwealth decide to proceed in promulgating the proposed regulation requiring notification beyond that, I suggest that it be modified as follows (changes in italics):

H. The local department shall notify the alleged perpetrator in writing within 10 working days of the completion of the investigation, if the disposition is needs protective services and accepts, needs protective services and refuses, or need for protective services no longer exists unless such notification would have the potential to  jeopardize the health, safety and welfare  of the alleged victim as determined by the Director of the local agency. If licensing or regulatory agencies were also notified of the disposition, the notification shall state the name of these agencies and the date they were notified. The notification shall also state that if the alleged perpetrator disagrees with the findings of the investigation that he has the right to request a review by the director and to amend the record if there are any factual errors. The notification shall include information used by the local department to support the findings of the investigation.

I appreciate the sensitivity to the need to protect the due process rights of the alleged perpetrator. However, I believe that the victim should have the right of confidentiality and a right to be protected from her abuser.  I would prefer to err on the side of protecting the potential victim.

Thank you for the opportunity to comment on these very important proposed regulations.

John Whitfield

Executive Director

Blue Ridge Legal Services, Inc.