Adult Protective Services

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In the United States, Adult Protective Services (APS) is a governmental agency that investigates allegations of a vulnerable adult being or having been abused, neglected, or exploited by their caregivers. [1] APS is typically administered by local or state health, aging, or regulatory departments and includes a multidisciplinary approach to helping older adults, and younger adults with disabilities, who are victims. [1] Services range from the initial investigation of mistreatment, to health and supportive services and legal interventions, up to and including the appointment of surrogate decision-makers such as legal guardians. [1] Similar to Child Protective Services, the legal doctrine that empowers APS is parens patriae .

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While some states provide adult protective services to older adults only, as in Ohio where the APS law applies to those 60 and older, [2] most serve adults with disabilities over the age of 18 who meet the state's definition of "vulnerable". [3] Disabilities may be due to aging, developmental disabilities, physical disabilities, mental illness or cognitive impairments. [3]

Forms of abuse include physical, emotional, verbal, and sexual abuse as well as financial exploitation. [3] "Neglect" can be perpetrated by any caregiver who has accepted the responsibility of assisting an older person or an adult with disabilities. [3]

Most states include self-neglect in their definitions of those needing adult protective services. [3] Self-neglect refers to a person who is unable to care for themselves due to physical or cognitive impairments. [3]

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Related Research Articles

Elder abuse is a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. This definition has been adopted by the World Health Organization (WHO) from a definition put forward by Hourglass in the UK. Laws protecting the elderly from abuse are similar to and related to laws protecting dependent adults from abuse.

A form of child abuse, child neglect is an act of caregivers that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physical, emotional, social, educational, and safety needs. All societies have established that there are necessary behaviours a caregiver must provide for a child to develop physically, socially, and emotionally. Causes of neglect may result from several parenting problems including mental disorders, unplanned pregnancy, substance use disorder, unemployment, over employment, domestic violence, and, in special cases, poverty.

<span class="mw-page-title-main">Undue influence</span> Seizing control of a persons will for gain

Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles.

Developmental disability is a diverse group of chronic conditions, comprising mental or physical impairments that arise before adulthood. Developmental disabilities cause individuals living with them many difficulties in certain areas of life, especially in "language, mobility, learning, self-help, and independent living". Developmental disabilities can be detected early on and persist throughout an individual's lifespan. Developmental disability that affects all areas of a child's development is sometimes referred to as global developmental delay.

<span class="mw-page-title-main">Child abuse</span> Maltreatment or neglect of a child

Child abuse is physical, sexual, emotional and/or psychological maltreatment or neglect of a child, especially by a parent or a caregiver. Child abuse may include any act or failure to act by a parent or a caregiver that results in actual or potential wrongful harm to a child and can occur in a child's home, or in organizations, schools, or communities the child interacts with.

Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable.

In the United States, a mandated reporter is a person who has a legal requirement to report to Child Protective Services or Adult Protective Services if in their professional judgment, a child or vulnerable adult has been or is at risk of being abused or neglected by their primary caregiver. If the requirement is not fulfilled, the individual can be punished by civil and criminal penalties for failure to report.

Child Protective Services (CPS) is a governmental agency that investigates allegations of child abuse or neglect, and if confirmed, intervenes by providing services to the family, having a protective order in place, or pursuing a court order in the Family or Juvenile Court to place the child in foster care. In some cases, CPS may remove the child immediately without a court order if they suspect the child is in immediate danger. Along with Adult Protective Services, the legal doctrine that empowers CPS is parens patriae.

<span class="mw-page-title-main">Texas Department of Family and Protective Services</span>

The Texas Department of Family and Protective Services (DFPS) is responsible for investigating charges of abuse, neglect or exploitation of children, the elderly, and adults with disabilities. Prior to its creation in 2004, the agency had been called the Texas Department of Protective and Regulatory Services (DPRS).

<span class="mw-page-title-main">Older Americans Act</span> Federal initiative aiming to provide services to older adults

The Older Americans Act of 1965 was the first federal level initiative aimed at providing comprehensive services for older adults. It created the National Aging Network comprising the Administration on Aging on the federal level, State Units on Aging at the state level, and Area Agencies on Aging at the local level. The network provides funding—based primarily on the percentage of an area's population 60 and older—for nutrition and supportive home and community-based services, disease prevention/health promotion services, elder rights programs, the National Family Caregiver Support Program, and the Native American Caregiver Support Program.

Research published from 2000 to 2020 illustrates increased prevalence rates of sexual violence against people with intellectual disabilities, compared to the general population.:61 The World Health Organization (WHO) funded a study which concluded that 15% of the adult population worldwide in 2012 had a disability, putting them at increased risk of physical, sexual, and intimate partner violence. Of that 15%, 6.1% had intellectual disability with 5.5% experiencing sexual violence. In another 2012 report, the WHO found that worldwide, children with intellectual disabilities experienced a 4.6 times greater risk of sexual violence than those without disability.

The Pennsylvania Department of Aging is a cabinet-level agency charged with providing aid to Pennsylvania's approximately three million individuals age 60 and older. Although the bureau operates some services directly, such as the Pharmaceutical Contact for the Elderly (PACE) prescription drug program, it generally serves as a clearinghouse of funding and information for county-level Area Agencies on Aging. The department was formed under the governorship of Milton Shapp.

Disability abuse is when a person with a disability is abused physically, financially, sexually and/or psychologically due to the person having a disability. This type of abuse has also been considered a hate crime. The abuse is not limited to those who are visibly disabled or physically deformed, but also includes those with learning, intellectual and developmental disabilities or mental illnesses.

Institutional abuse is the maltreatment of a person from a system of power. This can range from acts similar to home-based child abuse, such as neglect, physical and sexual abuse, and hunger, to the effects of assistance programs working below acceptable service standards, or relying on harsh or unfair ways to modify behavior. Institutional abuse occurs within emergency care facilities such as foster homes, group homes, kinship care homes, and pre-adoptive homes. Children who are placed in this type of out of home care are typically in the custody of the state. The maltreatment is usually caused by an employee of the facility.

Patient abuse or patient neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. Elder abuse is classified as patient abuse of those older than 60 and forms a large proportion of patient abuse.

<span class="mw-page-title-main">Geriatric trauma</span> Medical condition

Geriatric trauma refers to a traumatic injury that occurs to an elderly person. People around the world are living longer than ever. In developed and underdeveloped countries, the pace of population aging is increasing. By 2050, the world's population aged 60 years and older is expected to total 2 billion, up from 900 million in 2015. While this trend presents opportunities for productivity and additional experiences, it also comes with its own set of challenges for health systems. More so than ever, elderly populations are presenting to the Emergency Department following traumatic injury. In addition, given advances in the management of chronic illnesses, more elderly adults are living active lifestyles and are at risk of traumatic injury. In the United States, this population accounts for 14% of all traumatic injuries, of which a majority are just mainly from falls.

A vulnerable adult, sometimes called an incapacitated adult, is an adult who, due to mental or bodily disability, cannot take care of themselves without help from others.

Elder rights are the rights of older adults, who in various countries are not recognized as a constitutionally protected class, yet face discrimination across many aspects of society due to their age.

Elder financial abuse is a type of elder abuse in which misappropriation of financial resources or abusive use of financial control, in the context of a relationship where there is an expectation of trust, causes harm to an older person.

On October 18. 2017, President Trump signed into law the Elder Abuse Prevention and Prosecution Act of 2017, identifying the need for data on elder abuse. An elder abuse case has many stages from the incident through investigation, prosecution, and trauma recovery. Several federal agencies currently collect elder abuse data on an ongoing basis at different points in the process. 

References

  1. 1 2 3 "How APS Helps | National Adult Protective Services Association". 2012-04-17. Archived from the original on 2021-04-29. Retrieved 2021-04-29.
  2. "Ohio | Department of Job and Family Services Fact Sheet" (PDF). June 2017.
  3. 1 2 3 4 5 6 O’Shaughnessy, Carol (2010-11-30). "The Basics - The Elder Justice Act: Addressing Elder Abuse, Neglect, and Exploitation" (PDF). National Health Policy Forum. Archived from the original (PDF) on 2021-05-14. Retrieved 2021-04-28.

Further reading