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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11/20/12  11:59 am
Commenter: Barbara Antley, Fairfax County

Preponderance of evidence vs. "at risk"
 

This regulation and the guidance policy require preponderance of evidence to determine whether the adult is in need of protective services. This did not used to be. This requirement puts adults who would benefit from services at risk. For example, there is likely to be an unfounded disposition for adults with cognitive deficits who can not verify abuse, neglect, or exploitation, even though based upon a risk assessment, the situation, and the social worker's experience, the adult is at risk. Regulation and guidance policy should reflect that an APS social worker conducts an assessment and determines the need for services. Implementation of a standard risk assessment will provide documentation of the assessment and the risk for the adults.

CommentID: 24510