by Jim Montsinger

1. ADULT PROTECTIVE SERVICES
∗What’s it all
about????
Jim Montsinger
Adult Protective Services
Jackson County D.S.S.

2. My sometimes home visit
partner!!!

3. Goal of Protective Services
∗To protect disabled adults who are
abused, neglected or exploited and
in need of protective services.

4. Disabled Adult Defined
∗ Any person 18 years of
age or over or any
lawfully emancipated
minor who is present in
the State of N.C. and who
is physically or mentally
INCAPACITATED by
mental or physical illness
or continued
consumption or
absorption of substances.

5. IN NEED OF PROTECTION
DEFINED
∗ If that person, due to his
physical or mental
incapacity, is unable
to perform or obtain for
himself essential services
and if that person is
without able, responsible
and willing persons to
perform or obtain for
him/her essential
services.

6. For the purposes of Adult Protective Services, abuse is:
∗ The willful infliction of pain, injury, mental anguish, or
unreasonable confinement by a caretaker or the
willful deprivation by a caretaker of the services
necessary to maintain mental and physical health.
What Is Abuse?

7. For the purposes of Adult Protective Services,
neglect is:
∗ Self-Neglect
∗ Client has no caretaker and is not able to provide for
himself/herself the services that are necessary to
maintain his physical or mental health.
∗ Caretaker Neglect
∗ Failure of a caretaker to provide the services
necessary to maintain physical or mental health of the
disabled adult.
What is Neglect?

8. ∗ According to G.S. 108-A-1019 (b) caretaker shall mean
an individual who has the responsibility for the care of
the disabled adult as a result of family relationship or
who has assumed the responsibility for the care of
the disabled adult voluntarily or by contract. This
means comprehensive responsibility for the adult’s
day to day well being.
WHO IS CARETAKER?

9. ∗ The illegal or improper use of a
disabled adult or his resources for
another’s profit or advantage
∗ Exploitation of the person – (i.e. sexual
exploitation, forcing the adult to work
without pay, using the adult to commit
theft/fraud)
∗ Exploitation of the person’s assets –
(i.e. SS checks, per capita, medication,
Medicare fraud)
What is Exploitation?

10. ∗ INTAKE to determine if the individual being referred
fits the criteria for APS.
∗ An EVALUATION to determine if a disabled adult is in
need of protective services.
∗ A CAPACITY decision to determine if the disabled
adult is able to consent to protective services.
∗ SERVICE PROVISION
APS IS A PROCESS

11. My other home visit partner

12. MY BUDDIES

13. The real home visit partners

14. Making A Report

15. Ways to make a report
∗ Verbally
∗ Visit to DSS office
∗ Telephone call
∗ In Writing
∗ Letter to the county
Dept. of Social Services
office.

16. ∗ EVERYONE (It’s the law!)
∗ NC General Statute 108-A, Article 6 states “Any person having
reasonable cause to believe that a disabled person is in need of
protective services SHALL report such information to the
director [of social services in the county in which the person
resides or is present].
∗ Reporter’s name is confidential unless ordered to provide by
court order, to aid in the investigation and prosecution of
criminal acts or to aid in the investigation of reports by the
Department of Health Services Regulation.
Who must make reports?

17. Who is making the reports?
∗ 30% of all APS
reports come from
professionals and
paraprofessionals
in the healthcare
field. This is second
only to reports
made by relatives
and friends of the
individual (34%).

18. IMMUNITY
∗ Anyone who makes a
report, testifies in court,
participates in a required
evaluation shall be
immune for civil or
criminal liability, unless
such person acted in bad
faith or with malicious
purpose.

19. Vital Information on Adult
∗ Name and Address of
Adult (or good
directions)
∗ Phone Number at the
home
∗ Date of Birth or
approximate age
∗ Sex
∗ Race (if known)

20. Vital Information on the Caretaker
∗ Name
∗ Relationship to the
disabled adult
∗ Address and Phone
Number
∗ Is anyone else living in the
home with the adult?

21. ∗ Does the adult have a diagnosis?
∗ What kind of things does the adult have trouble doing
for him/herself?
∗ Does the adult have to rely on others to do things for
him/her?
∗ How does the disability incapacitate the adult?
What is the Adult’s Disability?

22. Is this an emergency?
∗ Is the adult in substantial
and immediate danger of
death or irreparable
harm?
∗ Describe the danger.

23. Collateral Contacts
∗ Is there anyone else
who may help provide
information regarding
the situation
∗ Name
∗ Address
∗ Phone Number
∗ Can be family, friends,
physicians, aides, etc.

24. ∗ Name
∗ Address
∗ Phone Number
∗ Do you want to be notified of the case decision?
∗ Written or verbal notice?
If you make an anonymous report you will not receive any
notice regarding the case decision.
Reporter Information

25. ∗In order for a Report to be
accepted for evaluation it must
meet ALL of the following
criteria:
Screening Criteria for APS

26. 1. The adult must be alleged to be physically or mentally
incapacitated by a disability.
AND
2. The adult must be alleged to be abused or neglected by
a caretaker or exploited by anyone.
AND
3. The adult must be alleged to be in need of protective
services.
- Unable to perform or obtain essential services and
without able, willing and responsible persons to perform or
obtain essential services for them.

27. ∗ A Decision to accept or screen report will be
made through a two level decision process.
∗ The reporter will be notified of the screening
decision, if requested.
∗ If accepted, thorough evaluation will be
completed.
∗ A decision is made to substantiate or
unsubstantiate the need for protective services
based on the evaluation findings.
∗ If the adult has the capacity to consent and
agrees to services, services are provided to the
adult.
Once the report is made…

28. ∗ Evaluations for protective services are a NON-
VOLUNTARY process.
∗ The emphasis of APS is on protection, not punishment.
Prosecution for criminal acts is the responsibility of Law
Enforcement.
Key Points of APS

29. ∗ The adult has the right to self-determination and
refusal of services.
∗ An adult can live in any way he/she chooses if he/she
has the capacity to understand and accept the
consequences of their behavior or lifestyle.
∗ We must avoid judging the lives of others based
on our personal values.
∗ Values important to you may not be important to the
adult such as bathing, household chores, and even the
desire to seek needed medical care.
Key Points of APS (Cont.)

30. MAIN ENTRY

31. KITCHEN

32. KITCHEN 2

33. KITCHEN 3

34. LIVING ROOM

35. SLEEPING AREA

36. BEDROOM

37. NO COMMENT NEEDED