I am private, solo attorney practicing in Central Virginia and I limit my practice exclusively to Elder Law matters. I have had several occasions to report to APS instances of suspected elder abuse, neglect or exploitation. Furthermore, I am working with two regional agencies formed to address the incidences of Adult Abuse in our areas (Charlottesvill/Jefferson Plannind District and Augusta Co./Shenandoah Valley area) Both groups include social workers including APS social workers, law enforcement officials (sheriff department and local police) and lawyers, both private attorneys like myself and public servants such as the Commonwealth's Attorney (prosecutor). 

I am writing to express concerns in regard to the revisions to the Adult Protective Services Regulation, 22VAC40-700.  I object to the sections pertaining to notifications to alleged “perpetrators” and the right of “perpetrators” to request a review of the local agency’s investigative findings.

I understand that APS' mission is not a punitive one, but rather one offering services for adults in need, they also have a PROTECTIVE function. Allowing a perpetrator to hide the evidence or  pack up and leave the scene because they've been notified they are under investigation simply allows them to move on to victimize another defenseless and fragile elderly person.  The only entity that should be given notice of the fact of an investigation is underway is law enforcement.  If the APS investigation turns up evidence that the activity rises to the level of criminal neglect, abuse or exploitation and a criminal investigation is opened, the rights of the perpetrator will be sufficiently protected under the jurisprudence that protects all American's and provide for due process of laws.

One of the main reasons that elder abuse is epidemic in this country is the paucity of shared efforts and information among APS, Ombudsmen, police and prosecutors - who all need to be working together toward the successful investigation, evidence gathering, trial and conviction of abusers.(see also Elder Justice: National Strategy Needed to Effectively Combat Elder Exploitation, GAO Report to Congressional Requsters, November 2012)  Notifying the perpetrator is absolutely the wrong direction to take.