6 Pa. Code § 15.81 - Rights of protective services clients
The agency shall observe the following minimum requirements to safeguard the rights of an older adult who is reported to need protective services:
(1) The agency shall
discreetly notify the older adult during the investigation that a report of
need for protective services has been made and shall provide the older adult
with a brief summary of the nature of the report. The protective services
caseworker performing the investigation shall determine when and how this
notification is accomplished.
(2)
If the older adult requests additional information contained in the record, the
agency shall provide the information subject to the requirements in §
15.105 (relating to limited access
to records and disclosure of information).
(3) A denial of services by the Department or
an authorized agency under this chapter may be appealed under Chapter 3
(relating to fair hearings and appeals).
(4) Nothing in this chapter limits the rights
of an older adult to file a petition under 23 Pa.C.S. Chapter 61 (relating to
the Protection from Abuse Act).
(5)
An older adult determined to need protective services has the right to refuse
protective services except as provided under a court order. The agency shall
obtain, when possible, the older adult's signed statement refusing protective
services or document unsuccessful efforts to obtain a signed
statement.
(6) An older adult has
the right to legal counsel when the agency petitions the court for emergency or
other orders to provide protective services without the older adult's consent.
The act provides that if an older adult is unable to provide for counsel,
counsel shall be appointed by the court. Under §
15.71 (relating to involuntary
intervention by emergency court order), the agency is required to take steps to
involve counsel when emergency petitions are filed.
Notes
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