6 Pa. Code § 15.91 - General
(a)
Protective services. Protective services are activities,
resources and supports provided to older adults under the act after the
initiation of an investigation to prevent, reduce or eliminate abuse, neglect,
exploitation and abandonment. Protective services activities include the
following:
(1) Administering protective
services plans.
(2) Receiving and
maintaining records of reports of abuse.
(3) Conducting investigations of reported
abuse.
(4) Conducting assessments
and developing service plans.
(5)
Petitioning the court.
(6)
Providing emergency involuntary intervention.
(7) Arranging for available services needed
to fulfill service plans, which may include, as appropriate, arranging for
services for other household members to reduce, correct or eliminate abuse,
neglect, exploitation or abandonment of an older adult. A partial listing of
the services which may be made available to reduce, correct or eliminate abuse,
neglect, exploitation or abandonment of an older adult is found in §
15.93(c) (relating
to service plan).
(8) Purchasing,
on a temporary basis, as provided under §
15.112 (relating to uses of funding
authorized by the act), services determined by a service plan to be necessary
to reduce, correct or eliminate abuse, neglect, exploitation or abandonment of
an older adult when the services are not available within the existing
resources of the agency or other appropriate provider.
(b)
Availability of protective
services. The agency shall offer protective services under one or more
of the following conditions:
(1) An older
adult requests the services.
(2)
Another interested person requests the services on behalf of an older
adult.
(3) If, after initiation of
an investigation of a report, the agency determines the older adult needs the
services.
(c)
Informed consent required. The agency shall provide protective
services only to older adults who give informed consent to the services. The
consent shall be in writing when possible. If the older adult does not consent
or, if after consenting, withdraws the consent, protective services may not be
provided unless the provision of the services is allowable as a consent
exemption.
(d)
Consent
exemptions. Protective services may be provided to older adults in
need of protective services without consent only in the following situations:
(1) When ordered by a court under section 304
of the act (35 P. S. §
10225.304).
(2) When requested by an older adult's
court-appointed guardian.
(3) When
provided under §
15.71 (relating to involuntary
intervention by emergency court order).
(e)
Interference with
services. If a person interferes with the provision of services or
interferes with the right of an older adult to consent to the provision of
services, the agency may petition the court for an order enjoining the
interference.
Notes
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