The charge of Adult Protective Services is to investigate reports of abuse, neglect, and exploitation of adults 60 years of age or older and incapacitated adults age 18 or older. If the adult is in need of protective services they are offered and an individual has the right to refuse or accept these services. If an individual lacks capacity to consent to services, efforts to reduce risk and appoint a substitute decision maker are pursued. These services are offered within time limits dictated Virginia Code and APS policy. APS workers assume the role of advocate for an at-risk adult and as an extension serves the family and community. APS workers must respect confidentiality, seek informed consent, maximize independence in the least restrictive approach, and prevent further abuse, neglect and exploitation.

According to the amended code, APS workers now “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.” The overall impact this will have on the APS process is substantial.

Adult protective services operate under a “Preponderance of Evidence” meaning to determine a disposition the evidence provided is greater than 50% that an incident occurred. APS is not a branch of law enforcement, nor do we hold the authority of the courts. APS partners with law enforcement and the judicial system, but recognizes the difference between preponderance of evidence and beyond a reasonable doubt.

According to policy, an APS investigation must be completed within 45 days. There are times when the disposition is determined, but on-going services continue, and issuing a letter to the perpetrator would have an impact on the services, including an at-risk adult’s choice to accept services, thereby reducing their recidivism.

By declaring the “notification shall include information used by the local department to support the findings of the investigation” the perpetrator will have the access to information the client may view as personal and confidential, and will lessen the likelihood of continued cooperation.

Additionally, the appeal process will require a substantial amount of time from the APS worker, which will impact duties to offer services to investigate and prevent abuse, neglect and exploitation. This will have a significant impact on the state of Virginia as we prepare for the Age Wave which will double the number of Virginians over age 65 by 2030.[1]

The current responsibilities of APS workers are incredible. These services truly make a daily difference and offer life sustaining support services. If the Code changes, APS will respond and comply with the standards, but it will have an impact on the daily responsibilities that serve older adults and adults with disabilities to maximize independence in the least restrictive approach and reduce and prevent abuse, neglect and exploitation.