Adult Protective Service Act, 415 (1) Flashcards
Adult Protective Services Act Intent
- To protect those Adults due to age or disability, from abuse, neglect, and exploitation
**- INTENT: **
1) to provide detection, correction, investigantions and
services for these vulnerable adults.
2) mandatory reporting will help Prevent future abuse
3) Legislature in tent is to place fewest possible
restrictions
4) In time to encourage constructive involvement of
families of these adults
Exploitation
- someone in position of trust and confidence with vulnerable adult who knowingly, by deception or intimidation, obtains or uses their funds, assets, property, with intent to deprive them of it
- someone who knows the vulnerable adult lacks capacity to consent and uses their funds, assets, property not for the vulnerable adult’s benefit
Define Person in “Position of Trust & Confidence”
- parent, spouse, adult child, or other relative
- a joint tenant
- has a legal or fiduciary relationship, incl. court-appointed or voluntary guardian, trustee, attorney, conservator
- a caregiver
Definition of Psychological Injury
- injury to the intellectual functioning or emotional state of a vulnerable adult
- measured by observable or measurable reduction in vulnerable adult’s ability to function as usual
Definition of Vulnerable Adult
- A person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
Mandatory Reports of Vulnerable Adults
- physician, osteopath, med. examiner, chiropractor, nurse, paramedic, EMT, hospital personnel involved
- Other health professional or mental health professional
- Spiritual practitioner
- Staff of nursing home, assisted living, adult day care, etc, incl. social workers
- law enforcement, criminal justice employee
- Employee of Dept of Business & Professional Regulation conducting inspections of public lodging
- Fl. advocacy council or Disability Rights Fl member, rep of State Long-Term Care Ombudsman
- Bank, saving and loan, credit union officer, trustee, employee
- Dealer, investment advisors who suspects
Time frame of investigation of vulnerable adult
- Dept investigates within 24 hours
- caregivers refusing to participate in investigation will be reported to law enforcement
- Dept submits written report within 5 working days of oral report
- Dept completes in 60 days, notify guardian
- law enforcement has to report to state attny & Dept.
- State attny has to report determination to the Dept within 15 days after completing investigation
- hearing held within 4 working days of emergency protective services petition
Medical Examinations of Vulnerable Adults
- vulnerable adult or guardian consents to medical exam
- if visible trauma areas
- if verbal complaints or symptoms present
- sexual abuse
- if consent refused, exam and tx to be limited but within reason
Abrogation of Privileged Communications
In suspected abuse of vulnerable adult, communications are not privileged between husband/wife, professional and patient or client
- except attorney/client and clergy
Protective Services for Vulnerable Adult
- if Dept. investigation determines vulnerable adult needs protective services or supervision, referral made to community care for disabled adults program or community care for elderly program
Withdrawal of Consent by Vulnerable Adult
- vulnerable adult may withdraw consent
- Dept shall petition the court for an order
- hearing held within 14 days of petition
- court determines if vulnerable adult lacks the capacity to consent to services (clear & convincing evidence)
- order good for 60 days
- after 60 days, can petition for guardianship
- petition to determine incapacity may be filed
Confidentiality of Reporter of Vulnerable Adults
- identify is not released without consent
- except to Dept. and law enforcement, court
- does not prohibit subpoena of reporter when necessary
Release of Confidential Information on Vulnerable Adults
- anyone can petition an order for making the records public
- court determines if “good cause” exists and is in public interest
- reporter’s name is still protected
- record is redacted
Failure to Report on Abuse of Vulnerable Adult
- misdemeanor of 2nd degree
- same if refusal to grant access to records by abrogated person
False Reports of Abuse
- felony of 3rd degree
- administrative fines not to exceed $10k for each violation, notification by certified mail, return receipt
- admin hearing requests must be within 60 days of notice
- “clear and convincing evidence”
