ADULT PROTECTIVE SERVICES

What’s it all about????

Jim MontsingerAdult Protective

ServicesJackson County D.S.S.

My sometimes home visit partner!!!

Goal of Protective ServicesTo protect disabled adults who are abused, neglected or exploited and in need of protective services.

Disabled Adult Defined Any person 18 years of

age or over or any lawfully emancipated minor who is present in the State of N.C. and who is physically or mentally INCAPACITATED by mental or physical illness or continued consumption or absorption of substances.

IN NEED OF PROTECTION DEFINED

If that person, due to his physical or mental incapacity, is unable to perform or obtain for himself essential services and if that person is without able, responsible and willing persons to perform or obtain for him/her essential services.

For the purposes of Adult Protective Services, abuse is:

The willful infliction of pain, injury, mental anguish, or unreasonable confinement by a caretaker or the willful deprivation by a caretaker of the services necessary to maintain mental and physical health.

What Is Abuse?

For the purposes of Adult Protective Services,neglect is: Self-Neglect

Client has no caretaker and is not able to provide for himself/herself the services that are necessary to maintain his physical or mental health.

Caretaker Neglect Failure of a caretaker to provide the services

necessary to maintain physical or mental health of the disabled adult.

What is Neglect?

According to G.S. 108-A-1019 (b) caretaker shall mean an individual who has the responsibility for the care of the disabled adult as a result of family relationship or who has assumed the responsibility for the care of the disabled adult voluntarily or by contract. This means comprehensive responsibility for the adult’s day to day well being.

WHO IS CARETAKER?

The illegal or improper use of a disabled adult or his resources for another’s profit or advantage Exploitation of the person – (i.e.

sexual exploitation, forcing the adult to work without pay, using the adult to commit theft/fraud)

Exploitation of the person’s assets – (i.e. SS checks, per capita, medication, Medicare fraud)

What is Exploitation?

INTAKE to determine if the individual being referred fits the criteria for APS.

An EVALUATION to determine if a disabled adult is in need of protective services.

A CAPACITY decision to determine if the disabled adult is able to consent to protective services.

SERVICE PROVISION

APS IS A PROCESS

My other home visit partner

MY BUDDIES

The real home visit partners

Making A Report

Ways to make a report Verbally

Visit to DSS office Telephone call

In Writing Letter to the county

Dept. of Social Services office.

EVERYONE (It’s the law!) NC General Statute 108-A, Article 6 states “Any

person having reasonable cause to believe that a disabled person is in need of protective services SHALL report such information to the director [of social services in the county in which the person resides or is present].

Reporter’s name is confidential unless ordered to provide by court order, to aid in the investigation and prosecution of criminal acts or to aid in the investigation of reports by the Department of Health Services Regulation.

Who must make reports?

Who is making the reports?

30% of all APS reports come from professionals and paraprofessionals in the healthcare field. This is second only to reports made by relatives and friends of the individual (34%).

IMMUNITY Anyone who makes a

report, testifies in court, participates in a required evaluation shall be immune for civil or criminal liability, unless such person acted in bad faith or with malicious purpose.

Vital Information on Adult Name and Address

of Adult (or good directions)

Phone Number at the home

Date of Birth or approximate age

Sex Race (if known)

Vital Information on the Caretaker

Name Relationship to the

disabled adult Address and Phone

Number Is anyone else living

in the home with the adult?

Does the adult have a diagnosis? What kind of things does the adult have

trouble doing for him/herself? Does the adult have to rely on others to do

things for him/her? How does the disability incapacitate the

adult?

What is the Adult’s Disability?

Is this an emergency? Is the adult in

substantial and immediate danger of death or irreparable harm?

Describe the danger.

Collateral Contacts Is there anyone else

who may help provide information regarding the situation Name Address Phone Number

Can be family, friends, physicians, aides, etc.

Name Address Phone Number Do you want to be notified of the case

decision? Written or verbal notice?

If you make an anonymous report you will not receive any notice regarding the case decision.

Reporter Information

In order for a Report to be accepted for evaluation it must meet ALL of the following criteria:

Screening Criteria for APS

1. The adult must be alleged to be physically or mentally incapacitated by a disability.

AND2. The adult must be alleged to be abused or neglected by a caretaker or exploited by anyone.

AND 3. The adult must be alleged to be in need of protective services.

- Unable to perform or obtain essential services and without able, willing and responsible persons to perform or obtain essential services for them.

A Decision to accept or screen report will be made through a two level decision process.

The reporter will be notified of the screening decision, if requested.

If accepted, thorough evaluation will be completed.

A decision is made to substantiate or unsubstantiate the need for protective services based on the evaluation findings.

If the adult has the capacity to consent and agrees to services, services are provided to the adult.

Once the report is made…

Evaluations for protective services are a NON-VOLUNTARY process.

The emphasis of APS is on protection, not punishment. Prosecution for criminal acts is the responsibility of Law Enforcement.

Key Points of APS

The adult has the right to self-determination and refusal of services. An adult can live in any way he/she chooses if

he/she has the capacity to understand and accept the consequences of their behavior or lifestyle.

We must avoid judging the lives of others based on our personal values. Values important to you may not be important to

the adult such as bathing, household chores, and even the desire to seek needed medical care.

Key Points of APS (Cont.)

MAIN ENTRY

KITCHEN

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LIVING ROOM

SLEEPING AREA

BEDROOM

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