22 Va. Admin. Code § 30-100-40 - Adult protective services disposition
A. After investigating the report, the local
department shall review and evaluate the facts collected and make a disposition
as to whether the adult is in need of protective services and, if so, what
services are needed.
B. The
disposition that the adult needs protective services shall be based on the
preponderance of evidence that abuse, neglect, or exploitation has occurred or
that the adult is at risk of abuse, neglect, or exploitation. The local
department may be unable to determine the identity of the alleged perpetrator
but the inability to determine the identity of the alleged perpetrator shall
not prohibit the local department from issuing a disposition reflecting the
need for protective services.
C.
Possible dispositions.
1. Needs protective
services and accepts. This disposition shall be used when:
a. A review of the facts shows a
preponderance of evidence that adult abuse, neglect, or exploitation has
occurred or is occurring; and
(1) The adult
consents to receive services pursuant to § 63.2-1610 of the Code of
Virginia; or
(2) Involuntary
protective services are ordered by a court pursuant to § 63.2-1609 or
Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2 of the Code of
Virginia; or
b. A review
of the facts shows a preponderance of evidence that the adult is at risk of
abuse, neglect, or exploitation and needs protective services in order to
reduce that risk; and
(1) The adult consents
to receive services pursuant to § 63.2-1610 of the Code of Virginia;
or
(2) Involuntary protective
services are ordered by a court pursuant to § 63.2-1609 or Article 1
(§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2 of the Code of
Virginia.
2.
Needs protective services and refuses. This disposition shall be used when:
a. A review of the facts shows a
preponderance of evidence that adult abuse, neglect, or exploitation has
occurred or is occurring or the adult is at risk of abuse, neglect, and
exploitation; and
b. The adult
refuses or withdraws consent to accept protective services pursuant to §
63.2-1610 of the Code of Virginia.
3. Need for protective services no longer
exists. This disposition shall be used when the subject of the report no longer
needs protective services. A review of the facts shows a preponderance of
evidence that adult abuse, neglect, or exploitation has occurred. However, at
the time the investigation is initiated or during the course of the
investigation, the adult who is the subject of the report ceases to be at risk
of further abuse, neglect, or exploitation due to the circumstances or actions
that have occurred or have been initiated by the adult or an entity or person
other than the local department.
4.
Unfounded. This disposition shall be used when review of the facts does not
show a preponderance of evidence that abuse, neglect, or exploitation occurred
or that the adult is at risk of abuse, neglect, or exploitation.
5. Invalid. This disposition shall be used
when, after initiating the investigation, it is determined that the report does
not meet the criteria for a valid report.
D. The investigation shall be completed and a
disposition assigned by the local department within 45 calendar days of the
date the report was received. If the investigation is not completed within 45
calendar days, the local department shall document reasons for the delay. The
disposition shall be entered into the APS case management information system no
later than five working days of the conclusion of the investigation.
E. Notification of the completion of the
investigation shall be made in writing and shall be mailed to the reporter
within 10 working days of the completion of the investigation.
F. Written notification.
1. The local department shall provide written
notification to the alleged perpetrator within 30 calendar days of the
conclusion of the investigation when:
a. The
disposition (i) needs protective services and accepts, (ii) needs protective
services and refuses, or (iii) need for protective services no longer exists;
and
b. The local department
notified a licensing, regulatory, or legal authority of the disposition
pursuant to § 63.2-1605 D of the Code of Virginia.
2. The notification shall include a summary
of the evidence and information used by the local department to support the
findings of the investigation; inform the alleged perpetrator about his right
to review; and if applicable, identify all licensing, regulatory, or legal
authorities and the date these authorities were notified.
3. The local department may delay
notification to the alleged perpetrator by an additional 30 calendar days at
the request of a law-enforcement agency.
4. It is optional for the local department to
provide such notification to an adult whom the local department determines to
be self-neglecting and is therefore considered to be the alleged
perpetrator.
G. The
local department shall respect the rights of adults with capacity to consider
options offered by the local department and refuse services, even if those
decisions do not appear to reasonably be in the best interests of the
adult.
Notes
Statutory Authority: §§ 51.5-131 and 51.5-148 of the Code of Virginia; 42 USC § 1397(3).
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