Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17111 - Investigation and Service Planning

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Investigation. Reports accepted by Adult Protective Services for investigation
				  shall be prioritized according to
				  §17109 of this
				  Rule. The subsequent investigation and assessment shall determine if the
				  situation and condition of the adult requires further action and shall include
				  determining the nature, extent, and cause of the abuse, neglect, exploitation,
				  extortion, identifying the person or persons responsible for abuse, neglect,
				  exploitation, or extortion, if known; if possible, interviewing the individual
				  and visiting the individual's home or the location where the incident occurred.
				  The investigation or assessment shall also include consultation with others
				  having knowledge of the facts of the case. An Adult Protection worker shall
				  have access to any records or documents including client-identifying
				  information and medical, psychological, criminal or financial records necessary
				  to the performance of the agency's duties without cost and without unnecessary
				  delay. APS may petition a court of competent jurisdiction for such documents if
				  access to them is refused. A report of the investigation shall be prepared,
				  which contains an assessment of the individual's present
				  condition/status.
B. Service Plan.
				  The Protective Service worker will be responsible for developing a service plan
				  based upon the case determination. If, at the end of the investigation, it is
				  determined that the individual has been abused, neglected, exploited, and/or
				  extorted by other parties, and that the problem cannot be remedied by
				  extrajudicial means, Adult Protective Services shall refer the matter to the
				  local district attorney's office. Evidence must be presented, together with an
				  account of the protective services given or available to the individual, and a
				  recommendation as to what services, if ordered, would eliminate the
				  abuse/neglect.
C. Right to Refuse
				  Services. Protective services may not be provided in cases of self-neglect to
				  any individual who does not consent to such services or who, having consented,
				  withdraws such consent. Nothing herein shall prohibit Adult Protective
				  Services, the district attorney, the coroner, or the judge from petitioning for
				  interdiction pursuant to Civil Code, Articles 389 through 399 or petitioning
				  for an order for protective custody or for judicial commitment pursuant to R.S.
				  28.50 et seq., seeking an order for emergency protective services pursuant to
				  R.S.
				  15:1511, or prohibit the district attorney
				  from seeking an order for involuntary protective services pursuant to
				  R.S.15:1508(B)(5).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 14:403.2 and R.S.
					 15:1501-15:1511.