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Analysis of State Adult Protective Services Laws
The following charts explore state laws and provisions regarding a number of issues
related to Adult Protective Services (APS). Below, each chart series is explained
briefly, and links to the documents are provided.
These documents were developed by the ABA Commission on Law and Aging for the National
Center on Elder Abuse, and were supported, in part, by grant No. 90AM2792 from the
Administration on Aging, U.S. Department of Health and Human Services.
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Abuse Registries |
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There is no clear or consistent definition of an “abuse registry” and
the term appears to be used in three different ways by practitioners, researchers,
and the state statutes. Sometimes the term is used to refer to a list of perpetrators
of substantiated incidents of elder abuse that is managed by APS and, in many instances,
used to determine whether those individuals should be prohibited from working with
certain vulnerable populations or in certain settings, such as a nursing home.
In some states however, APS contributes information about reports or their dispositions
to an abuse registry (meaning a list of perpetrators) that is managed by another
state agency. The term’s third use refers to a database of reports made to
APS or APS case records.
These charts explore how many state APS laws contain provisions about abuse registries
and what those laws say. There are two documents in the abuse registries series:
- Explanation of the “Abuse Registries: Comparison Chart of Provisions in Adult
Protective Services Laws with Citations, by State” chart; and
- “Abuse
Registries: Comparison Chart of Provisions in Adult Protective Services Laws with
Citations, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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APS Access to Victims to Conduct Investigations and Provide Services |
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Adult Protective Services professionals sometimes face interference when they attempt
to conduct an investigation of a report made about suspected elder abuse or provide
services to an abused elder about whom a report has been substantiated. Interference
may come from a family member, caregiver, some other individual, or from an entity
such as a health care facility. A number of states have provisions in their APS
laws that establish a process for APS to use to overcome such interference. Generally,
the laws empower the APS agency to seek assistance from a court, a law enforcement
agency, a local prosecutor or the state attorney general, or some combination thereof.
Assistance in these situations may entail a court order, a search warrant, or accompaniment
by a law enforcement officer when investigation or service visits are made by the
APS professional.
These charts explore how many state APS laws contain provisions about APS access
to victims to conduct investigations and provide services and what those laws say.
There are two documents in the APS access to victims to conduct investigations
and provide services series:
- Explanation of the “Access to Victims to Conduct Investigations and to Provide
Services: Comparison Chart of Provisions in Adult Protective Services Law with Citations,
by State” chart; and
- “Access to Victims to Conduct Investigations
and to Provide Services: Comparison Chart of Provisions in Adult Protective Services
Law with Citations, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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APS As Guardian |
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The issue of whether an APS agency may act as the guardian of a client raises concerns
about conflict of interest. As an agency that receives and investigates reports
of suspected elder abuse, APS may be called upon to investigate allegations that
a guardian abused, neglected, or exploited the incapacitated person for whom he
or she acts as surrogate decision-maker. If an APS agency serves as guardian for
its clients, it will face a conflict of interest if such allegations are raised
against the agency. Additionally, staff members who act as guardians for agency
clients face a conflict of interest if they need to advocate within their own agency
for additional resources for the incapacitated people they are serving. As a result,
many states prohibit APS agencies from acting as guardian for program clients or
limit the agency to services as a temporary guardian until a non-agency guardian
can be appointed. A number of states provide no guidance on this issue and a few
allow it without restriction.
These charts explore how many state APS laws contain provisions about APS as guardian
and what those laws say. There are two documents in the APS as guardian series:
- Explanation of the “Adult Protective Services Agency Authority to Act as Guardian
of a Client: Guidance and Provisions from Adult Protective Services Laws, by State”
chart; and
- “Adult Protective Services Agency Authority to Act as Guardian
of a Client: Guidance and Provisions from Adult Protective Services Laws, by State”
chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Confidentiality of Information and Records |
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The issue of confidentiality of information and records is critical to APS professionals
and to the victims, reporters, witnesses, collateral sources, and other agencies
with which APS professionals have contact. It is a complex issue that may arise
in multiple contexts. Confidentiality laws may enhance the safety of victims, reporters,
witnesses, and collateral sources and their willingness to share information with
an APS professional. On the other hand, confidentiality laws may prohibit individual
sources of information from sharing that information with an APS professional or
another investigator. Confidentiality laws may enhance or inhibit the ability of
APS professionals and other agencies to obtain information from or share information
with each other, which may affect an investigation or the functioning of a multidisciplinary
team.
These charts explore how many state APS laws contain provisions about abuse registries
and what those laws say. There are two documents in the confidentiality of
information and records series:
- Explanation of the “Confidentiality of Information and Records: Comparison
Chart of Provisions in Adult Protective Services Laws with Citations, by State”
chart; and
- “Confidentiality of Information and Records: Comparison Chart of Provisions
in Adult Protective Services Laws with Citations, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Criminal Background Checks |
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Criminal background checks of individuals who serve as caregivers or in some other
capacity with vulnerable older persons are commonly touted as a way of preventing
elder abuse. Only a few APS laws contain provisions regarding criminal background
checks, however, and the existing provisions vary. In some states, the provisions
are in the APS law, but the checks are not conducted by or related to the function
of the APS staff. In other states, the APS agency has some role in conducting or
contributing information for the criminal background checks.
These charts explore how many state APS laws contain provisions about abuse registries
and what those laws say. There are two documents in the criminal background
checks series:
- Explanation of the “Criminal Background Checks: Provisions and Citations in
Adult Protective Services Laws, by State” chart; and
- “Criminal Background Checks: Provisions and Citations in Adult Protective
Services Laws, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Definitions of Capacity to Consent |
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The issue of capacity to consent is critical for APS professionals. They must determine
whether an individual about whom a report of suspected elder abuse has been made
has the capacity to consent to or refuse an APS investigation or the provision of
other APS services. Additionally, as part of their investigation APS professionals
may need to determine whether an alleged victim had capacity to make decisions,
such as decisions about financial transactions or decisions about obtaining and
following medical care, that may be at the center of an elder abuse allegation.
These charts explore how many state APS laws contain provisions about definitions
of capacity to consent and what those laws. There are two documents in the
definitions of capacity to consent series:
- Explanation of the “Capacity to Consent/Lacks Capacity to Consent Definitions:
Provisions and Citations in Adult Protective Services Laws, by State” chart;
and
- “Capacity to Consent/Lacks Capacity to Consent Definitions: Provisions
and Citations in Adult Protective Services Laws, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Definitions of Caregiver |
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The definition of caregiver, often relevant to other aspects of the APS law, is
important to know. For example, the APS laws usually define neglect as a caregiver’s
failure to act. In addition, states that include abandonment as a category of elder
abuse usually include the term “caregiver” in the definition of abandonment.
Some states also uses the term “caregiver” in their definitions of abuse
or physical abuse. Accordingly, most APS laws provide a definition of “caregiver.”
These charts explore how many state APS laws contain provisions about definitions
of caregiver and what those laws say. There are two documents in the
definitions of caregiver series:
- Explanation of the “Caregiver Definitions: Provisions and Citations in Adult
Protective Services Laws, by State” chart; and
- “Caregiver Definitions:
Provisions and Citations in Adult Protective Services Laws, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Emergency or Involuntary Services to Victims |
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Adults who have decision-making capacity have the right to accept or refuse an investigation
by or services from an APS agency. Situations arise, however, in which an APS professional
believes that a subject of a report needs protective services but lacks decision-making
capacity to consent to those services. Additionally, situations also arise in which
an APS professional believes that emergency intervention is necessary to protect
the older person from immediate or severe harm regardless of the person’s
decision-making capacity. Many state APS laws grant authority to APS professionals
and other agencies, such as law enforcement or courts, to intervene in these situations
through the provision of emergency or involuntary services. The laws usually also
set forth procedures for such interventions.
These charts explore what state APS laws have provisions governing the provision
of emergency or involuntary protective services to victims and what those laws say.
There are two documents in the emergency or involuntary services to victims
series:
- Explanation of the “Emergency or Involuntary Services to Victims: Comparison
Chart of Provisions in Adult Protective Services Laws with Citations, by State”
chart; and
- “Emergency or Involuntary Services to Victims: Comparison Chart of Provisions
in Adult Protective Services Laws with Citations, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Immunity for Good Faith Reporting |
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Professionals who are concerned about their responsibility, whether mandatory or
voluntary, to report suspected elder abuse often want to know if they may face civil
or criminal liability for making such a report. This is not a question of whether
they face civil or criminal liability for failing to make a report required by law,
but rather whether they may be sued in civil court or prosecuted in criminal court
for having reported their suspicions to APS or another investigative agency, especially
if their report is not substantiated. These provisions are commonly referred to
as “good faith reporting” provisions. Good faith reporting provisions
generally provide immunity from civil, criminal, or administrative liability for
reporting suspected elder abuse and other activities that may stem from those reports,
such as testifying in a court or administrative proceeding, as long as the reports
were made in good faith or in accord with some other standard set forth in the statute.
These charts explore which state APS laws contain provisions about immunity for
good faith reporting and what those laws say. There are three
documents in the immunity for good faith reporting series:
- Explanation of the Immunity for Good Faith Reporting: Criteria in Adult Protective
Services Laws, by State” charts;
- “Immunity for Good Faith Reporting:
Provisions and Citations in Adult Protective Services Laws, by State” chart;
and
- “Immunity for Good Faith Reporting: Criteria in Adult Protective Services
Laws, by State” chart.
These charts were developed for the NCEA by the ABA Commission on Law and Aging
and are available on the
ABA website.
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Mandatory Reporting to Adult Protective Services |
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“How many states have mandatory reporting?” and variations of “Who is required to
report elder abuse?” are among the most frequently asked questions in the elder
abuse field. Knowledge of the reporting
provisions in APS laws about which states have mandatory reporting and who is required
to report their suspicions about elder abuse to APS is critical for individuals
who are mandated or who wish to report suspected elder abuse, members of professions
and disciplines that collaborate with APS, and victims or people who are concerned
about them.
There are three documents in the Mandatory Reporting series:
- Explanation of the 2 mandatory reporting charts/documents;
- “Reporting Requirements: Provisions and Citations in Adult Protective Services Laws,
by State” (referred to as “provisions chart”); and
- “Mandatory Reporters: Comparison Charts of Categories in Adult Protective Services
Laws, by State” (referred to collectively as “categories charts”).
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Mandatory Training |
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Adult protective services professionals do very challenging work. They need
to have knowledge of multiple issues, including: state laws, regulations, and policies
governing the APS program; ethics; legal issues such as consent and capacity; issues
related to physical, sexual, and psychological abuse, financial exploitation, neglect,
self-neglect; community resources; and much more. Training for new and experienced
workers is imperative.
The “Mandatory Training for Adult Protective Services Professionals: Provisions
and Citations in Adult Protective Services Laws, by State” chart
provides information on those questions from the perspective of what is contained
in APS laws. There are two documents in the mandatory training series:
- Explanation of the “Mandatory Training for Adult Protective Services Professionals:
Provisions and Citations in Adult Protective Services Laws, by State” chart;
and
- “Mandatory Training for Adult Protective Services Professionals: Provisions
and Citations in Adult Protective Services Laws, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Multidisciplinary Teams |
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Elder abuse is a complex problem requiring a multidisciplinary approach to best
protect and respond to victims. As a result, many states and communities have
established collaborative interventions to elder abuse, many of which involve a
formal or informal multidisciplinary team. There are different types of multidisciplinary
teams, and many different names for these collaborative efforts, e.g. multidisciplinary
teams, interdisciplinary teams, coordinating councils or coalitions, fatality review
teams, financial/fiduciary abuse specialist teams, adult protection teams, and medical
response teams. Their purposes may vary to some extent, but all involve representatives
of multiple disciplines working together to improve the response to victims of elder
abuse.
These documents explore how many state APS laws contain provisions about multidisciplinary
teams and what those laws say. There are two documents in the multidisciplinary
teams series:
- Explanation of the “Multidisciplinary Teams Authorizations or Mandates: Provisions
and Citations in Adult Protective Services Laws, by State” chart; and
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“Multidisciplinary Teams Authorizations or Mandates: Provisions and Citations
in Adult Protective Services Laws, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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Prohibitions of Retaliation Against Reporters of Suspected Elder Abuse |
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An individual who reports suspected elder abuse, whether acting voluntarily or pursuant
to a statutory mandate, may face retaliation from an employer or another person
for having made the report. Some state APS laws contain provisions prohibiting
such retaliation. The term “retaliation” is used broadly in this
chart and explanation series; many of the statutes prohibit discriminatory, disciplinary,
or retaliatory actions, and some of the statutes specify what those actions might
include. Some of those provisions also indicate that employers or others who
retaliate against a reporter may be subject to civil liability or criminal penalties.
These charts explore whether state APS laws contain provisions about prohibitions
of retaliation against reporters of suspected elder abuse and what those laws say.
There are two documents in the prohibitions of retaliation against reporters of
suspected elder abuse series:
- Explanation of the “Prohibitions of Retaliation Against Reporters of Suspected
Elder Abuse: Comparison Chart of Provisions in Adult Protective Services Laws with
Citations, by State” chart; and
- “Prohibitions of Retaliation Against Reporters of Suspected Elder Abuse: Comparison
Chart of Provisions in Adult Protective Services Laws with Citations, by State”
chart.
These charts were developed for the NCEA by the ABA Commission on Law and Aging
and are available on the
ABA website.
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Reporting and Referrals to Law Enforcement |
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These charts address two questions: (1) whether a report made to APS must also be
made to law enforcement, and (2) under what circumstances must or may APS refer
a reported case to law enforcement. The answers to these
questions are complex, as the laws governing reporting are very diverse in content
and structure and extremely challenging to categorize and explain. Nonetheless,
the information imparted by the answers is important to individuals who are mandated
or who wish to report suspected elder abuse and to victims of elder abuse or people
who are concerned about them. Mandated reporters need to know whether they
are required by state law to report suspected elder abuse to a law enforcement agency
in addition to APS. Individuals who consider reporting suspected elder abuse
to APS—whether they are professionals who counsel or work in other ways with
victims, family members or friends of victims, or victims themselves—need
to know if the act of making a report to APS will result in a report by APS professionals
to a law enforcement agency. Additionally, state and federal legislative staff,
other policy makers, educators, researchers, and reporters often want to know the
answers to these questions.
These charts show how many state APS laws contain provisions about reporting and
referrals to law enforcement and what those laws say. There are four documents
in the reporting and referrals to law enforcement reporting series:
- Explanation of the Reporting and Referrals to Law Enforcement Charts Series;
- “Reports and Referrals to Law Enforcement: Provisions and Citations in Adult
Protective Services Laws, by State” chart;
- “Requirements that Reports Made to Adult Protective Services Also be Made
Simultaneously to Law Enforcement: Comparison Chart of Provisions in Adult Protective
Services Laws, by State” chart; and
- “Circumstances under which Adult Protective Services Must or May Subsequently
Refer a Reported Case to Law Enforcement: Comparison Chart of Provisions in Adult
Protective Services Laws, by State” chart.
To view these documents, please visit the
ABA Commission on Law and Aging website.
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State Legislation Amending APS Laws |
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The following charts categorize amendments to Adult Protective Services (APS) laws
that were enacted or became effective between 2003 and 2006. While there may have
been other state legislative activity related to elder abuse or to APS between 2003
and 2006, these charts only address amendments to APS laws. Below are charts
for activity for each year, as well as a chart combining all changes 2003-2006:
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Types of Abuse Defined in Adult Protective Services Statutes |
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State adult protective services (APS) statutes are complex. The definitions of the
types of elder abuse that APS investigates are very diverse in content and structure,
and thus are challenging to categorize and explain. Nonetheless, knowledge of the
types of elder abuse covered by a state’s law is critical for individuals
who are mandated or who wish to report suspected elder abuse and for professions
and disciplines that collaborate with APS. Additionally, state and federal legislative
staff, other policy makers, educators, researchers, and reporters often want to
know what types of abuse are covered by state APS laws.
There are three documents in the “Types of Abuse Series”:
- Explanation of “Types of Abuse” charts series;
- “Types of Abuse: Provisions and Citations in Adult Protective Services Laws,
by State” chart; and
- “Types of Abuse: Comparison Chart of Provisions in Adult Protective Services
Laws, by State” chart.
These charts were developed for the NCEA by the ABA Commission on Law and Aging
and are available on the
ABA website.
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Threshold Eligibility Criteria for Adult Protective Services |
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To understand what APS agencies do and when a situation should be reported to an
APS agency, one needs to understand what types of abuse are covered by a state’s
APS statute (see “Types of Abuse Defined in State Adult Protective Services
Statutes”). But that information is not sufficient; it is equally important
to understand if a state’s law authorizes an APS agency to take a report,
investigate, and provide services to the person suspected to have been abused, neglected,
or exploited (hereafter referred to generically as “abuse” or “abused,”
unless otherwise indicated). In other words, is the allegedly abused person eligible
for APS?
These charts explore the statutory provisions providing the threshold eligibility
criteria for APS. These provisions are complex and diverse in content and
structure, and, thus, are challenging to categorize and explain. Nonetheless, knowledge
of who is eligible for APS is critical for victims, individuals who are mandated
or who wish to report suspected abuse, and members of professions and disciplines
that collaborate with APS. These charts are based on the definitions provided in
state APS laws. A few states have separate elder protective services (EPS) laws,
and information about those laws also is provided. There are eight charts in this
series:
- Explanation of the “Threshold Eligibility Criteria for Adult Protective Services”
Chart Series;
- “Threshold Eligibility for Adult Protective Services: Criteria, Provisions
and Citations in Adult Protective Services Laws, by State” chart;
- “Threshold
Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State”
chart;
- “Age - Threshold Eligibility for Adult Protective Services: Comparison
Chart of Criteria, by State” chart;
- “Condition - Threshold Eligibility
for Adult Protective Services: Comparison Chart of Criteria, by State” chart;
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“Function - Threshold Eligibility for Adult Protective Services: Comparison
Chart of Criteria, by State” chart;
- “Living Situation - Threshold
Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State”
chart; and
- “Receiving Services - Threshold Eligibility for Adult Protective
Services: Comparison Chart of Criteria, by State” chart.
These charts were developed for the NCEA by the ABA Commission on Law and Aging
and are available on the
ABA website.
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Undue Influence |
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Undue influence is usually not defined as a form of elder abuse, or even as a crime.
It is, instead, recognized as a process or method used to commit financial or sexual
exploitation. As awareness is growing of “undue influence” and the role
that it may play in cases involving elder abuse, many often want to know how many
states have laws on undue influence and what those laws say. This “Undue
Influence” chart series offers that information. There are
two documents in the undue influence series:
- Explanation of the “Undue Influence: Context, Provisions, and Citations in
Adult Protective Services Laws, by State” chart; and
- “Undue Influence:
Context, Provisions, and Citations in Adult Protective Services Laws, by State”
Chart.
These charts were developed for the NCEA by the ABA Commission on Law and Aging
and are available on the
ABA website.
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