Adult Protective Services

Who can receive Adult Protective Services (APS)?

 
-Those under age 18 who are legally emancipated andAPSElderly.jpg
-Adults age 18 and older 
-Who are functionally disabled due to a mental or physical 
 disability
-Living in their own home or a residential facility, such as          
 a nursing home, personal care home, residential board
 and care home or adult family care home

 

What are the responsibilities of Adult Protective Services?  

-Investigate reports of abuse, neglect and exploitation 
-Conduct investigations in the home or facility
-Provide appropriate services and supports based on the conclusions drawn from the investigation
 
For additional information, please review:

Client Rights and Alleged Perpetrator Rights
Legal Requirements and Processes
Adult Protective Services Policy
APS Mandatory Reporting Form

Click here to learn the signs of adult abuse and/or neglect.

 

How do I make a report of abuse, neglect or exploitation?

Central Intake 9.JPG


Reports are made to the Central Intake unit. 

For more information about reporting abuse and neglect visit the Central Intake Abuse and Neglect webpage.

Mandatory reporters of adult abuse, neglect or exploitation must also complete an APS Mandatory Report Form located on the Central Intake for Abuse and Neglect webpage within 48 hours of the verbal report. 

 

Am I protected if I make a report?

 

Under WV Code §49-6A-6 persons making a report in good faith are immune from civil or criminal liability.

Please note, communications between a husband and wife to a mandated reporter about the abuse and neglect of an incapacitated adult is NOT privileged communication. The only privileged communication continues to be between an attorney and a client. 

This means immediately make a report if you believe an incapacitated adult at home or in a facility may be abused, neglected or exploited.

In addition nursing homes and other residential facilities are prohibited from discharging or discriminating against a person who makes a report. Failure to comply with this prohibition could result in revocation or suspension of their license.

 

Is my report only reviewed by Adult Protective Services staff?
 

In certain instances, a report must also be sent to other parties,such as:

  • law enforcement agency and prosecuting attorney (in case of serious injury or death)

  • medical examiner or coroner (in case of death)

  • state or regional long-term care ombudsman (if alleged victim is resident of a nursing home or other residential facility)

  • facility administrator (if alleged victim is a resident of a nursing home or other residential facility

Can I refuse Adult Protective Services?
 

It is important to assure that the individual's rights, as guaranteed under the Fourteenth Amendment of the United States Constitution and the West Virginia Constitution, are not infringed upon unnecessarily.  A distinction must be made between the investigation phase and the case management phase of intervention.

When a report of abuse, neglect or exploitation of an incapacitated adult or facility resident is received by and scheduled for investigation, the investigation is mandatory and cannot be refused by the alleged victim, caregiver or others.

After the investigation is completed, an adult who has decision-making capacity has the option of accepting or refusing services that may be offered.


 

What happens after the investigation?


The determination as to who meets the criteria for interventions through Adult Protective Services (APS) is made based on the information gathered and the conclusions drawn during the investigation phase of the Adult Protective Service intervention. Services are primarily case management and short-term.

The criteria for the type of services are:

 
                APS Protective Services
The individual must meet all four (4) of the following criteria simultaneously:
  1. The individual must be eighteen (18) years of age or older or if under the age of eighteen, must be legally emancipated.
  2. The adult must be functionally disabled due to his/her physical or mental disabilities.
  3. The adult is determined to have been neglected or abused or is in probable danger of being neglected or abused through action or inaction, intentional or unintentional, of his/her own volition or of the volition of another person.
  4. The adult is a) excluding the perpetrator, alone or without an interested person(s) who is able and willing to provide the needed support/services to alleviate the underlying problem(s) or presenting problem(s) or b) is in a care facility.
Whenever all four (4) of the criteria listed above are present, an Adult Protective Service situation will be substantiated and a case opened for Adult Protective Services. Case management under Adult Protective Services may be provided for up to six (6) months.
 
APS Preventive Services
In some situations not all criteria for Adult Protective Services are met, however it is probable some intervention is needed. In those situations the individual must meet the following criteria:  
  1. The individual must be eighteen (18) years of age or older or if under the age of eighteen, must be legally emancipated.  
  2. The adult must be functionally disabled due to his/her physical or mental disabilities.
  3. It is probable the situation will develop into a full Adult Protective Services situation without some intervention.
Whenever the above criteria are present, an Adult Preventive Service case may be opened. Case management under Adult Preventive Services may be provided for up to three (3) months.
 
 
 

 

Privacy, Security and Accessibility | WV.gov | USA.gov | © 2017 State of West Virginia