The regulatory change included in paragraph H is counterproductive to providing effective adult protective services and extends the concept of due process well beyond any reasonable interpretation. This requirement puts adults who would benefit from services at risk. The law is what is right and this application of due process is NOT right. The proposal completely ignores facts in these cases which may involve adults with cognitive deficits who cannot verify abuse, neglect, or exploitation, even though based upon a risk assessment, the situation, and the social worker's experience, the adult is at risk.

Other defects in Virginia law would be exacerbated by this application of due process. The state has its hands tied in cases where the victim is not willing or able to file charges. Additionally, the damage to family and personal relationships and the interruption of care provided that may result when an unsubstantiated allegation is addressed through a legal process far outweighs any protection this application of due process may afford.

This change ignores facts extant in cases in favor of naively and misapplied principle. Life is much more complicated than this.