On behalf of its 1 million members, AARP Virginia appreciates the opportunity to comment on the proposed Adult Protective Services (APS) regulations, 22 VAC 40 - 740.  As the largest organization representing the interests of people age 50 +, AARP is keenly interested in ensuring that they are adequately protected from physical and financial abuse and exploitation. 

Adult Protective Services is vital to the health, wellbeing, and safety of many vulnerable or at-risk older adults. Through the proposed regulations, the Department adds a new section to address notifications to alleged perpetrators of abuse and the right of the perpetrator to request a review if the investigation findings result in one of the following dispositions: needs protective services and accepts, needs protective services and refuses, or need for protective services no longer exists.

Generally, AARP does not oppose the proposal to provide notice and an opportunity for review of a finding that a person has engaged in abuse of an adult.  However, AARP urges the Department to clarify the confidentiality provisions of Virginia law that protect against the disclosure of the names of those who report abuse. See VA Code Ann. 63.2-1729. Any notification must adequately protect the identity of the victim and reporter of abuse. 

There is a high probability that a perpetrator will learn of the identity of a reporter because a reporter may reside with the perpetrator and may in fact be the victim of the abuse.  It is highly likely that the alleged perpetrator will have access to any notice that the Department sends to the reporter in such a case.[1]  The current regulations, for instance, already provide that a written notice of the disposition of an investigation be mailed to the person who reported the abuse.  See 22 VAC 40-740-40. The department should take additional steps to ensure that the confidentiality of the reporter is protected, especially when the alleged perpetrator resides with the victim.

In addition, we urge the Department to include an exception to the notification requirements to both the reporter and the perpetrator where there is a reasonable risk that such notification will put either the person receiving services or the reporter of abuse at risk of harm.  

Finally, AARP urges the Department to amend the proposed regulations relating to who may preside over a hearing to review a finding against a perpetrator.   22 VAC 40-740-45 D provides:

The director, or the director's designee, shall preside over the hearing. With the exception of the director, no person whose regular duties include substantial involvement with adult abuse, neglect, or exploitation cases shall preside over the hearing.

AARP believes it is neither necessary nor desirable to exclude all people whose regular duties include substantial involvement with adult abuse, neglect, or exploitation cases.  AARP appreciates the department’s desire to protect the neutrality of the review process, but believes that excluding all people knowledgeable about adult abuse, neglect or exploitation goes beyond the intent of proposed rule.   An informed yet neutral decision maker can be provided for by preventing anyone who has been involved in the case, or who has had contact with either the victim or alleged perpetrator at a previous time from participating in the review of the case. 

Thank you for this opportunity to participate in the regulatory process.  If you have any questions, please feel free to contact me at 804-344-3059 or ddebiasi@aarp.org