Respond to Emergencies

1. Analyze immediate risk and determine need for emergency response and type of response indicated.
   1. On all reports of abuse, neglect, or exploitation, the investigator must:
      1. Analyze the situation for immediate risk.
      2. Determine the need for emergency services.
   2. Whether the client lives alone or with others, and whether the situation is self-inflicted or perpetrated by a second part, the investigator must make several decisions:
      1. Whether to leave the client in the home.
      2. Whether to remove the client from the home, with or without consent
      3. What services to refer the client to or arrange for, with consent
2. Evaluate the capacity to consent
   1. Assessment of an incapacitated adult’s capacity to consent should focus on:
      1. Client’s mental condition
      2. Whether client is aware of circumstances.
      3. Whether client is aware of the circumstances if no changes are made in the current situation.
   2. Assessment of the client’s capacity to consent to protective services involves evaluation of client’s ability to perceive and understand the situation, including:
      1. Awareness of the limitation or deficiencies in surroundings.
      2. Awareness of mental or physical limitations.
      3. Awareness of resources available to assist in meeting needs.
      4. Awareness of the consequences if nothing is done to improve or remedy the situation.
           *NOTE: if the client expresses knowledge in these four areas, the client probably has the capacity to consent to protective services. If it is not clear that the person has awareness in all four areas, or if the investigator has any reason to doubly the victim’s awareness, an evaluation by a psychiatrist, psychologist, or other appropriate professional may be necessary or a petition for protective services may be filed. These guidelines are not all-inclusive, but are intended to provide a framework for determining a person’s capacity to consent.  
3. Emergency services are indicated when situation presents a serious risk of physical harm or death to the client if not alleviated immediately.
   1. Make appropriate service referrals or provide services when client retains capacity and accepts services.
   2. Provide whatever level of services client will consent to if client retains capacity and refuses recommended intervention.
   3. Petition court for Temporary Guardianship when:
      1. Situation is such that client’s physical harm or death is probable; AND
      2. Client lacks capacity to consent; AND
      3. No consent can be obtained for services necessary to relieve emergency.