Adult Services and Adult Protective Services
Adult Abuse Hotline: 1-888-832-3858 (Voice/TDD accessible) 24 hours per day/7 days per week
Campbell County APS Intake: (434) 592-9585, (434) 283-9585, (434) 332-9585
The goal of adult protective services (APS) is to protect a vulnerable adult's life, health, and property without a loss of liberty. When this is not possible, APS attempts to provide assistance with the least disruption of life style and with full due process, protection, and restoration of the person's liberty in the shortest possible period of time. APS seeks to achieve simultaneously and in order of importance: freedom, safety, and minimal disruption of lifestyle and least-restrictive care.
APS Resources
Background And Authority
In 1974, the Code of Virginia, § 63.2-1604, included for the first time statutory authority for providing adult protective services in Virginia. Local departments of social services were assigned authority to receive and investigate reports of abuse, neglect, and exploitation across all care settings and to provide the needed protective services.
Three years later, in 1977, the protective services provision of the Code of Virginia was amended to allow the court to authorize "involuntary protective services" (i.e., services for adults who need protection and who do not have the ability to consent to the necessary services). Virginia became one of the first states in the nation to recognize an adult segment of the population living at risk of harm and lacking the ability to act in its own best interest. A 1983 amendment to the Code of Virginia strengthened protection to vulnerable adults in Virginia by:
- Moving a step beyond authorizing local departments of social services to provide protective services,
- Requiring those departments to receive and investigate reports, and
- Providing protective services when the need is documented through an APS investigation.
Some Basic Principles In Providing Protective Services To Adults
- Freedom is as important as safety; that is, an adult may choose to live in an unsafe situation or even in a self-destructive manner provided that that person is capable of choosing, does not harm other persons, and is committing no crime.
- Adults have the right to make decisions for themselves until such time as a court determines the adult lacks the capacity to decide and assigns that responsibility to a guardian or conservator. The adult's right to decide includes the right to accept help, the right to refuse help, and the right to make unwise or poor decisions.
- Services that support and strengthen the adult's informal support system, e.g., family, neighbors, friends, church members, are important to the long-term safety and well being of the adult victim of abuse, neglect, or exploitation.
- When the interests of an APS client, family member, the community, or others are in conflict, it is the responsibility of the APS social worker to represent the interest of the client.
- The least restrictive service is the most appropriate service. Protective services should be provided with the least possible disruption to the adult's life.
- The privacy rights of the adult will be respected and information concerning him or her will be held in confidence. Information that is learned and maintained as a result of an APS investigation is confidential and is not subject to the Virginia Freedom of Information Act. Limited information may be shared with certain entities when the information is reasonably necessary for conducting investigations by local and state government agencies for the purpose of providing services to the subject of the information.
Adult Abuse, Neglect, and Exploitation In Virginia
An APS report is an allegation by any person to a local department of social services or to the 24-hour toll-free APS hotline (1-888-83ADULT) that an elder or an incapacitated adult is in need of protective services. Certain persons are required by Code of Virginia, § 63.2-1606, to file a report with the local department of social services when the person has reason to suspect that an elder or an adult with disabilities is abused, neglected, or exploited.
Abuse is defined by the Code of Virginia, § 63.2-100, as "the willful infliction of physical pain, injury or mental anguish or unreasonable confinement." Abuse includes battery and other forms of physical violence including, but not limited to, hitting, kicking, burning, choking, scratching, rough-handling, cutting, biting, etc. It includes sexual assault, inflicting pornography, voyeurism, exhibitionism, and other forms of forced sexual activity on an elder or an adult with disabilities. It includes any sexual activity with an adult who is unable to understand or give consent. It includes the control of an adult through the use of threats and intimidation and through the abuse of a relationship of trust.
Neglect is defined by the Code of Virginia, § 63.2-100, as "an adult living under such circumstance that he is not able to provide for himself or is not being provided such services as are necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being." This definition incorporates both those who are self-neglected, i.e., living under such circumstance that he/she is not able to provide for himself/herself, and those whose need for physical and mental health services are not being provided by another person. Indicators of neglect include, but are not limited to, malnourishment, dehydration, the presence of pressure sores, inadequate personal hygiene, inadequate and/or inappropriate clothing, inadequate or inappropriate supervision, extreme filth of person or home, severe pest/rodent infestation, offensive odors, inadequate heat, no fuel, no electricity, no refrigerator, or untreated physical or mental health problems. Abandonment is also a form of neglect.
Exploitation is defined by the Code of Virginia, § 63.2-100, as "the illegal use of an incapacitated adult or his resources for another's profit or advantage." Exploitation, or financial abuse, is accomplished by the use of covert, subtle, and deceitful means. It is usually a pattern of behavior rather than a single episode. Financial exploitation includes, but is not limited to, the crimes of larceny, embezzlement, theft by false pretenses, burglary, forgery, false impersonation, and extortion. Indicators that a person is being financially exploited may include, but is not limited to: activity in that adult's bank account that is erratic, unusual, or uncharacteristic of that person; the person's automatic teller card is used and the account owner is unable to use the card; new acquaintances have taken up residence in the older person's home; change in the older person's property titles, will, or other documents, particularly if the person is confused and/or the documents favor new acquaintances; a power of attorney is executed by a confused older person; documents and/or property is missing; the older person is being evicted and believes he/she owns the house; or the elder's mail has been redirected to a different address.