APS Based in the Law

Title 43A, Sections 10-101 through 10-111

The language authorizing Adult Protective Services for vulnerable adults is found in this section of the law. Although this law is actually the Mental Health law, Adult Protective Services were given to the Department of Human Services to administer.

Title 21, Section 843.1

The criminal penalties are cited in this section of the law.

Both of these statutes, along with other applicable statutes, are included in the second section of the manual. Although the policy follows closely the language in the law, it is helpful to have a good understanding about where one can locate certain kinds of information.

It is equally important to know what isn’t covered in the law.

Title 43A: Where to Find It!

This is a guide for locating pertinent pieces of legislation on Adult Protective Services. It is given sequentially, and it is topical in nature rather than an exhaustive outline of the law. 10-102 Purpose 10-103 Definitions 10-104 Report of allegations

1. Madatory Reporters
2. Contents of the report
3. Failure to report
4. Penalties for false reports
5. Good faith reporting immunity
6. Report on a deceased person
7. Protection from termination when an employee reports in good faith

10-105 Investigation

1. Upon receipt of a report the Department shall make a prompt and thorough investigation
2. Components of the investigation
3. Home visit to the client, private interview, court-ordered access to person and/or records
4. Copy of report to court of jurisdiction of legal guardian, if any.
5. Notification of SDOH on investigations and findings involving facilities
6. Notification of findings to facility operator

10-105.1 Notice and explanation of notice procedures 10-106 Voluntary protective services

1. Department will provide voluntary services upon consent
2. Refusal of caretaker to consent to services
3. Refusal of services by vulnerable adult
4. Payment for cost of services

10-107 Involuntary protective services (guidelines)

1. Criteria for involuntary services
2. Criteria for court ordered interventions.
   1. least restrictive
   2. whenever possible in the home
   3. payment for involuntary services
   4. right to be present at hearing
   5. assistance from the office of the District Attorney

10-108 Petition for involuntary protective services

1. Eligibility criteria of individual.
   1. authorized actions
   2. freezing assets
   3. revoking powers of attorney in fact
2. Contents of petition.
3. Required elements in preparation for hearing.
4. Action on petition.
5. Limitations of court
6. Petition to set aside temporary guardianship.
7. Six month Guardianship
8. Evaluation of client for court

10-109 Utilization of available services 10-110 Confidentiality of records and reports 10-111 Visitation