what kind of lawyer do i need adult protective services

by Mrs. Dariana Witting PhD 5 min read

Hi, The answer to your question is yes, if you believe you are the target of an APS investigation you would benefit from having experienced counsel to assist you in your defense. The earlier you retain counsel the better. You can use the search function hear at Avvo.com to gain access to some of the finest attorney in the country.

If APS does decide to investigate an abuse report about you, you should strongly consider consulting with a law firm with experience in family law. A family law lawyer can help guide you through the process, deal with the agency on your behalf, and protect your rights.Feb 2, 2022

Full Answer

What is Adult Protective Services?

Adult Protective Services is called into crisis situations where an adult's safety is at risk due to complications caused by isolation, exploitation, loss of physical health and/or mental alertness. Social workers remain involved until a person's situation stabilizes.

Do you have to make a report to Adult Protective Services?

You can make a report to Adult Protective Services (APS) even if you are not considered a mandatory reporter. Mandatory reporters are professionals identified by law who MUST make a report if they suspect the abuse, abandonment, neglect, exploitation or self-neglect of a vulnerable adult has occurred.

Where can I find an attorney in my area for elder abuse?

NAPSA provides an APS locator on its webpage to assist in locating an office near you. To find an attorney in your area that specializes in elder law and elder abuse, see FindLaw's attorney directory . For additional information on elder abuse generally, see FindLaw's Elder Abuse Overview.

What services do APS provide to vulnerable adults?

Finding alternative living arrangements, or arranging for emergency room and board for an APS client up to 30 days; Money management to assist adults who are unable to manage their own resources on their own behalf or protect themselves from exploitation. This can range from informal to more formal means of money management.

What does an APS do?

An APS investigator will: conduct a home visit, usually unannounced; interview other individuals who may have information about the situation; and. offer protective services if the investigator determines abuse has occurred.

What are the 7 types of elder abuse?

The National Center on Elder Abuse distinguishes between seven different types of elder abuse. These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect, abandonment, and self-neglect.

What is a SOC 341?

Report of Suspected Dependent Adult/Elder Abuse (SOC 341) Statement Acknowledging Requirement To Report Suspected Abuse Of Dependent Adults And Elders (SOC 341A)

What does APS stand for on a court case?

Adult Protective Services (APS) often play a role in guardianship cases, from detecting information leading to a petition, to acting as petitioner, serving as the guardian of last resort, and investigating abusive guardianship cases.

What is the most common abuse suffered by the elderly?

According to the NCOA, elders are more likely to self-report financial exploitation than emotional abuse, physical abuse, sexual abuse, or neglect. Psychological abuse is the most common type of elder abuse, according to the NCEA.

What is the most commonly reported form of elder abuse?

Financial abuse appears to be the most common form of abuse experienced by elderly people, and this is the area where most empirical research is available. Psychological abuse appears slightly less common than financial abuse, and seems to frequently co-occur with financial abuse.

What are the elements of elder abuse?

"Abuse of an elder or a dependent adult" means either of the following: (a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

What is a SOC 3?

A Service Organization Control 3 (Soc 3) report outlines information related to a service organization's internal controls for security, availability, processing integrity, confidentiality or privacy. These five areas are the focuses of the AICPA Trust Services Principles and Criteria.

What should a hospital employee do if he she suspects older adult or dependent adult abuse?

By telephone immediately, or as soon as practically possible, to the local ombudsman or the local law enforcement agency. By written report, Department of Social Services Form (SOC Form 341), “Report of Suspected Dependent Adult/Elder Abuse” sent within two (2) working days.

Can you sue APS in Texas?

APS is a state agency. As an agency of the state, APS is treated as the state for purposes of most lawsuits. And for you, that's a problem. As a general rule, states are immune from being sued.

What does D mean in court?

DIS--DISMISSED To put an action out of court by order of judge. DIV--DIVERSION In circuit court used as a temporary disposition for Class “D” felony diversion; in district court used as a temporary disposition if charge is to be dismissed after successful completion of diversion.

What is the full form of APS?

APS - Application Processing Services.

Where are adult protective services administered?

As of today, Adult Protective Services agencies exist in every state and are normally administered at the local or county level . Two-thirds of states place their APS agencies within their Department of Social Services. For the remaining states, APS agencies are placed within a state department on aging or health.

What is an APS caseworker?

If so, you can expect an APS caseworker to be assigned to investigate the case and establish a relationship with the potential victim. In some states, a caseworker is required, by law, to contact the potential victim in person within a certain number of days.

What is an APS agency?

APS agencies are the adult equivalent to Child Protective Services and play a critical role in combating elder abuse or the abuse of other vulnerable adults. Such abuse can include neglect, physical abuse, sexual abuse, emotional or psychological abuse, abandonment, or financial abuse.

How to report elder abuse?

To initiate a report of elder abuse or abuse of a vulnerable adult, contact your local Adult Protective Services office. NAPSA provides an APS locator on its webpage to assist in locating an office near you.

What are the services of an APS?

Upon receiving a report of abuse involving an elderly or vulnerable adult, APS agencies typically provide the following services: 1 Investigations 2 Evaluations of client risk and mental capacity 3 Development and implementation of a case plan tailored to the victim 4 Counseling for the client 5 Assistance in connecting the client with additional services and benefits 6 Ongoing monitoring of the delivery of services

What percentage of states provide APS to elderly?

In addition, while a few states, such as Ohio, limit Adult Protective Services only to the elderly, most states (90%) provide APS to vulnerable or dependent adults as well as the elderly.

Is there an APS agency in every state?

Thus, the development of most APS agencies occurred before the benefit of federal coordination and also before the benefit of comprehensive research in the field of elder or vulnerable adult abuse, a more recent phenomenon. As of today, Adult Protective Services agencies exist in every state and are normally administered at ...

Who operates adult protective services in Ohio?

In the state of Ohio, Adult Protective Services are operated by the Ohio Department of Job and Family Services.

How many seniors have been abused in the past 12 months?

What You Should Know About Adult Protective Services. The National Adult Protective Services Association reports that 1 in 9 seniors have been abused, neglected or financially exploited in the past 12 months but the majority of cases are never reported.

What is physical abuse?

Physical abuse is an intentional use of physical force that results in pain, injury or impairment. Emotional abuse is any action intending to threaten, humiliate, intimidate or otherwise cause psychological injury, and includes violating an adult’s loss of privacy and ability to make his or her own decisions.

What are the duties of an APS?

The investigation, maintenance of a case record, and delivery of services are governed by state regulations. The bureau’s role is to: 1 oversee local APS Program statewide; 2 provide technical assistance to APS units; 3 conduct periodic APS case reviews to monitor compliance with state standards; 4 coordinate development and implementation of training for APS staff; 5 develop and implement new program initiatives; 6 review and approve state plan components relating to APS; 7 respond to inquiries/complaints relating to administration/supervision of APS; 8 issue policy directives relating to APS; and 9 participate in workgroups and initiatives with other agencies and providers relating to APS/Adult Services issues.

What is APS in social services?

APS is a mandated service provided by local social services districts. It involves intake, investigation and assessment of referrals of abuse, neglect, and financial exploitation of impaired vulnerable adults who live in the community.

Adult Protective Services & Community Guardian Program

JASA has two programs that help safeguard the frailest and most vulnerable New Yorkers: Community Guardian Program and Adult Protective Services.

COMMUNITY GUARDIAN PROGRAM

The Community Guardian Program serves as the court-appointed legal guardian of hundreds of adults across the five boroughs, providing them with critical services and supports with the goal of keeping them in their respective communities and as independent as possible.

ADULT PROTECTIVE SERVICES

Adult Protective Services is called into crisis situations where an adult's safety is at risk due to complications caused by isolation, exploitation, loss of physical health and/or mental alertness. Social workers remain involved until a person's situation stabilizes.

What is the duty of an APS investigator?

It is the duty of the APS investigator to inform you of your rights at the beginning of the investigation. You will have the right to determine what happens with your situation and what assistance you will receive unless a psychologist or physician evaluates you and reports that you are unable to make your own decisions and a judge concurs. It is important that you cooperate with APS as they determine if maltreatment has occurred. You may read about the APS Code of Ethics at www.napsa-now.org/ethics. Remember, APS’ only goal is to help you be safe.

Do you have to report maltreatment?

In nearly every state there are certain professions that are required by law to report concerns of maltreatment (called “mandatory reporting”). Some states require all citizens to report concerns. All states accept voluntary reports, allow for anonymous reports, and provide good-faith reporters with legal protections.

Is an APS case public record?

Despite being a government record, APS records and the findings in any case are not public record. All documentation completed for an APS case must be kept confidential and can only be released to the vulnerable adult or persons designated by the vulnerable adult to receive the information, much like medical records, or by court order.

Can you report someone to APS?

Yes, any person making a report to APS can do so anonymously. Please visit www.napsa-now.org/report for more information on how to make a report in your area. Providing your information will allow the APS investigator to contact you in order to request additional details about your concerns. While some state laws protect the identity of the person making the report, others do not. It is important for you to understand that, depending on state law, the vulnerable adult who is the subject of the report may discover that you made the report to APS.

Can a psychologist recommend involuntary intervention?

There could be several reasons for this outcome. Despite exhibiting some confusion or memory loss, the impairment may not be significant enough for a psychologist/physician to recommend involuntary intervention. Involuntary intervention may not be warranted given the extent of the maltreatment.