Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-7 - APS FINDINGS AND RECOMMENDATIONS

Current through 2024-29, July 17, 2024
1. Final Written
				Findings
A. APS shall determine whether the
				facts support the allegation(s) in the Report, based on the available
				fact-based evidence and document the determination in writing.
B. APS may make one or more of the following
				findings on an allegation of Abuse, Neglect, or Exploitation:
1. Substantiated;
2. Substantiated - Other (e.g., substantiated
				self-neglect);
3. Not
				Substantiated; or
4. Unable to
				determine.
C. The
				standard of proof to reach a finding on an allegation of Abuse, Neglect, or
				Exploitation is by "a preponderance of the evidence" (i.e., the greater weight
				of the evidence supports a finding that an individual or individuals Abused,
				Neglected, or Exploited an Incapacitated or Dependent Adult).
D. A Substantiation reflects a finding by a
				preponderance of the evidence (based on an APS Investigation and final written
				findings) that an individual Abused, Neglected, or Exploited an Incapacitated
				or Dependent Adult by engaging in one or more of the following:
1. Sexual abuse or sexual exploitation, which
				means contact or interaction of a sexual nature involving a Dependent Adult
				without the adult's consent or with an Incapacitated Adult where consent cannot
				be given by the adult. Examples of sexual abuse include, but are not limited
				to, the following:
i. Forced exposure to
				sexually explicit content;
ii.
				Nonconsensual sexual conduct including:
a.
				Unwanted touching, rubbing, grabbing, exposure, fondling, or lewd or lascivious
				acts,
b. Unwanted sexually explicit
				photographing,
c. Forcing the
				Incapacitated or Dependent Adult to take off clothes, or
d. Any sexual contact with an Incapacitated
				or Dependent Adult who is without the capacity to consent, as determined by a
				licensed medical professional or court of law;
iii. Sexual assault or battery including:
a. Sexual battery,
b. Rape or attempted rape, including spousal
				rape or unwanted sexual contact with a spouse or partner, significant other, or
				anyone else, or
c.
				Incest;
iv. Sexual
				contact with paid staff; or
v.
				Sexual exploitation;
2.
				Exploitation involving the illegal or improper use of an Incapacitated or
				Dependent Adult or that adult's resources for another's profit or advantage.
				Examples include, but are not limited to, the following:
i. Fraud or scam;
ii. Wrongfully used property or resources
				including:
a. Cashing the adult's check or
				using the adult's debit card without authorization,
b. Forging the adult's signature,
c. Misusing or stealing the adult's money or
				possessions, or
d. Not executing
				the duties of conservatorship, fiduciary, power of attorney, or trustee; or
				doing so improperly;
iii.
				Medication theft; or
iv.
				Misinformed/uninformed consent;
3. Intentionally, knowingly, or recklessly
				engaging in physical abuse or emotional abuse of an Incapacitated or Dependent
				Adult (i.e., causing physical harm or pain or mental anguish through the
				infliction of injury, unreasonable confinement, intimidation, or cruel
				punishment). Examples include, but are not limited to, the following:
i. Confinement or restraint. Use of physical
				or chemical restraint or psychotropic medication for any of the following
				reasons:
a. Punishment, sedation or
				control,
b. Strapping or holding
				down,
c. Confining to a room bed,
				or specific area, including through deprivation of adaptive equipment,
				or
d. Unauthorized use of a
				behavior plan pursuant to 14-197 C.M.R. ch. 5;
ii. Serious injury. Serious injury includes
				but is not limited to assault, battery, or force likely to produce serious
				harm. Indicators of serious injury may include the following:
a. Bruises, welts, abrasions, lacerations, or
				burns,
b. Fractures or
				sprains,
c. Internal
				injuries,
d. Injuries at various
				stages of healing,
e. Unreasonable
				or unknown reason for injury, or
f.
				Pushing, shoving, slapping, hitting, shaking, pulling hair, spitting, pinching,
				scratching, strangulation, or grabbing;
iii. Suspicious death;
iv. Harassment, threats, and intimidation
				including, without limitation:
a. Threats of
				bodily harm, including threats that the alleged perpetrator may harm
				themselves, threats of domestic violence among any members of the household, or
				display of weapons;
b. Threats to
				lifestyle, such as threatening placement or change in caregiver; threatening
				pets, preventing client from sleeping at night; threatening isolation from
				family, friends, or community; or
c. Threats or damage to property;
v. Verbal abuse including, without
				limitation:
a. Name calling, vulgarities,
				belittling, or attacking integrity, ability or beliefs, or
b. Misleading statements made with malicious
				intent against the client;
4. Intentionally, knowingly, or recklessly
				engaging in caregiver Neglect (i.e., causing a threat to the health or welfare
				of an Incapacitated or Dependent Adult by physical or mental injury or
				impairment, deprivation of essential needs, or failure to protect from
				these);
5. Intentionally,
				knowingly, or recklessly engaging in abuse or neglect that results in Serious
				Harm to an Incapacitated or Dependent Adult.
E. The terms "intentionally", "knowingly",
				and "recklessly" have the meanings set forth in 17-A M.R.S. § 35. The
				conduct shall not be substantiated if the individual can establish by a
				preponderance of the evidence that the conduct at issue was the product of an
				objectively reasonable good faith belief that they were acting in the best
				interests of the Incapacitated or Dependent Adult under all the facts and
				circumstances.
F. A Substantiation
				triggers an individual's rights to due process and may result in placement on a
				state or national registry.
G.
				Final written findings shall include the following, as appropriate:
1. A summary of the facts on which APS relied
				to reach a determination;
2. A
				clear statement indicating whether the reported allegation(s) of Abuse,
				Neglect, or Exploitation or the substantial risk thereof are supported by a
				preponderance of the evidence;
3.
				What, if any, services were arranged for the protection of the Incapacitated or
				Dependent Adult;
4. What, if any,
				actions will be taken as a result of the findings, including, but not limited
				to, whether the findings result in a Substantiation and whether the findings
				result in a referral to law enforcement.