The proposed regulation that requires APS to notify the perpetrator of the outcome of the APS investigation and that gives the perpetrator the right to seek an administrative appeal of the decision, confuses the dispostion of APS investigations wtih similar CPS investigations. When CPS investigates abuse and neglect of a minor and makes a finding of abuse, the abuser's identity is placed in a central registry that could effect the person employability or the ability to work with children in the future. In that instance, certainly the abuser should have the right to contest the finding of abuse and have the decision reviewed.  Second, CPS is authorized by law to remove minor children from abusive situations.

APS investigations are different in that any finding in the case is directed to the needs of the adult not the perpetrator.  A finding of needs APS services does not result in the perpetrator's name being placed in a central registry.  Therefore, what is the prejudice to the perpetrator?  APS records are confidential so in most instances the identity of the perpetrator is not a matter of public record. 

Also, given the unique nature of APS, an adult that is in need of services, can refuse services.  If the disposition of the investigation is revealed to the perpetrator, the adult would be in future danger from the perpetrator.  APS cannot come in an remove the adult as CPS can do wo with a minor child.

As an attorney that represents a local DSS in its APS cases, I oppose the proposed notificiation provisions of the regulation.