RE:  proposed 22 VAC 40-740-40.H and proposed 22 VAC 40-740-45

I oppose the proposed regulations that require APS to notify the alleged perpetrator of the disposition of an APS investigation and gives the alleged perpetrator the right to seek an administrative appeal of the APS determination.  Please eliminate these proposed regulations.

I oppose the proposed regulations because –

1.  The function of APS should not be expanded.  APS is a scarce resource as it is with it’s current function and the size of the vulnerable adult population it serves.  Under current regulations, the function of APS is to protect vulnerable adults and determine the need for services.  I suggest Notice to an alleged perpetrator and administrative proceedings for the alleged perpetrator not be added to the APS function.

2.  The current focus of APS is the vulnerable adult.  APS investigations are confidential.  The confidential nature of APS investigations may well serve to protect the vulnerable adult from future danger posed by the alleged perpetrator.  I suggest not to add a new focus for APS.

3.  The responsibilities of APS should not be expanded to include Notice and an administrative appeal.  This additional responsibility is not necessary.  Unlike Child Protective Services that has the authority to place the names of abusers on a central registry and the abuser stands to be subject to some form of discrimination, penalty or punishment, APS has no such responsibility or registry.  So, an APS investigation and disposition does not raise a due process issue for the alleged perpetrator.  The proposed Notice and administrative appeal, within APS is not necessary.

4.  The due process rights of an alleged perpetrator of adult abuse, neglect or exploitation is protected by the procedures in place with law enforcement and the judicial branch of government.  So, there are alternatives in place for protecting the due process rights of an alleged perpetrator of vulnerable adults.

Respectfully submitted,

Wendy Sprigle

Volunteer LTC Ombudsman PSA 10