I write to comment upon the proposed Adult Protective Services regulations and, in particular, to express my concern about proposed 22VAC40-740-40.H and 22VAC40-740-45 regarding notification to and the right to review by the alleged perpetrator.  I submit my comments as the Domestic and Sexual Violence Attorney at Virginia Poverty Law Center, the statewide legal aid support nonprofit.

In my work, I speak to domestic and sexual violence victims on a daily basis.  If such victims are elderly or incapacitated, they must often rely on caretakers for daily needs that many of us take for granted.  A victim may not be able to find another caretaker…even if the caretaker has committed abuse, neglect or exploitation.  Moreover, I believe that the aforementioned proposed regulations would endanger victims…to the point of serious and even, deadly, harm…if alleged perpetrators are notified of allegations and may appeal findings.  If the perpetrator is put on notice that the victim or another person has filed a complaint against him or her, there is considerable risk that the perpetrator, now angry and defensive, will take further abusive actions against the elderly or incapacitated victim.  Furthermore, the alleged perpetrator may coerce victims into “recanting” in exchange for continued caretaking.  The victim may have nowhere else to go and may elect to stay despite the risk of further harm.

If an alleged perpetrator seeks a review of findings, services to the elderly or incapacitated victim could be reversed.  The core purpose of APS is to investigate complaints and provide casework and care management “in order to stabilize the situation or to prevent further abuse, neglect and exploitation of an adult at risk of abuse, neglect and exploitation.” 22VAC40-740-10. The unintended consequence of this proposed policy change is to destabilize the situation and to trigger further acts of abuse, neglect or exploitation, rather than preventing such maltreatment.  The proposed regulations stack the system toward the alleged perpetrator over the defenseless victim, not to mention toward continued abuse of said victim.  Most victims of domestic or sexual violence do not want their caretakers to stop providing care; they just want the domestic or sexual violence to stop. 

I am concerned that the proposed perpetrator notice provision will have a chilling effect on victims who might otherwise seek help.  Regulations should expand reporting opportunities, not suppress them by ironically, increasing victims’ risk of harm.

Please eliminate proposed 22VAC40-740-40.H and 22VAC40-740-45 or restrict their reach only to those perpetrators facing a genuine loss of benefits or actual punishment for their actions.  Thank you in advance for your attention to these comments.

Sincerely,

Susheela Varky

Staff Attorney for Domestic/Sexual Violence

Virginia Poverty Law Center