Protective Services Agency Overview

Protective Services Agency Authorization

• Authorized to receive and investigate reports of abuse.
• Can provide protective services to an elderly person with their consent.
• Has authority to petition the court for a conservator, guardian, or emergency protective services order
• Can provide emergency protective services to an elderly individual.
• Can provide protective services to a protected person with their guardian's or conservator's consent.
• Can act as a conservator, guardian or temporary guardian.
• Can perform any function deemed necessary by the department for administering this chapter.

Assessment and Evaluation of Reports; Investigations; Arrangement for Protective Services

• The department or its designated agency must assess and evaluate reports received under section fifteen.
• This includes visiting the elderly person's residence and consulting with relevant agencies or individuals with knowledge of the person's situation.
• The elderly individual receives written notice of the assessment and can review the file and report.
• If abuse is determined, an evaluation of the elderly person's functional capacity, situation, and resources is conducted.
• A service plan with the least restrictive alternatives is created to meet the elderly person's needs.
• In case of ongoing interference, the department, a protective services agency, or the public guardian can petition the court to stop the interference.

Lack of Capacity to Consent to Protective Services; Hearings; Emergency Orders; Placement or Commitment

• If the department or its designated agency believes an elderly person is suffering from abuse and cannot consent to services, a petition can be filed with the court.
• The petition must outline the specific facts supporting the determination.
• A court hearing within fourteen days of the petition filing is required.
• The elderly person is notified at least five days before the hearing and has the right to be present, represented by counsel, present evidence, and question witnesses.
• An indigent elderly person is appointed counsel by the court.
• If the elderly person lacks the capacity to retain counsel or waive the right, a guardian ad litem is appointed to represent them.
• A geriatric evaluation must include the elderly person's address, details of current services received, an evaluation of their physical, mental, and social conditions, and recommendations for the least restrictive services to meet their needs.
• The department bears the cost of this evaluation.
• The elderly person has the right to secure an independent medical or psychological evaluation for the hearing.

Financial Eligibility Guidelines; Reimbursements by Elderly Persons

• The department sets financial eligibility guidelines for reimbursement of protective service costs by elderly individuals.
• If an elderly person has sufficient resources, procedures for reimbursement are initiated.
• No reimbursement is required if the elderly person lacks sufficient resources.
• Notice is given to the elderly person prior to service provision if reimbursement is required.
• Reimbursement is not required before service provision begins.

Records; Disclosure; Destruction; Regulations; Penalties

• Records containing personal data collected under this chapter are generally not public records but are subject to the provisions of chapter sixty-six A, chapter thirty, and chapter two hundred and fourteen.
• If allegations in a report are unsubstantiated, the department, designated agency, or other assessing agencies must destroy the report and any related records within three years or remove personal identifiers.
• Statistical records can be created by the department, designated agency, or other assessing agencies for planning and reporting purposes.
• Individuals can request information about whether they are a data subject in records maintained under this chapter, and receive access to their data in a comprehensible form, unless prohibited by statute.
• Personal identifiers can be removed when disclosing information, except for those of government or non-governmental employees involved in assessments.
• In cases where a disabled person has died due to abuse, the commission, general counsel, attorney general, district attorney, and medical examiner must be notified immediately.
• Not less than ten days before issuing a report on alleged misconduct, the commission must inform the accused individuals in writing and allow them to respond.
• If there is reasonable cause to believe that a disabled person was sexually abused, assaulted, battered, or suffered brain injury, loss of function, disfigurement, or serious bodily injury due to repeated actions or inactions by a caretaker, the commission must report the findings and investigation report, together with relevant materials, to the district attorney of the county where the abuse occurred.

This quiz covers the roles and responsibilities of Protective Services Agencies in investigating reports of abuse and providing necessary protective services. It highlights processes for assessing cases, involving court authority, and working with guardians or conservators for elderly individuals. Test your knowledge on these crucial protective measures.