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Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE, NEGLECT, ABANDONMENT OR EXPLOITATION › Section 15.25 - Report form and content

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Standardized reports.
An initial report received shall be
				  committed to writing on the standardized report form required by the
				  Department. Information subsequently obtained through investigations may be
				  reported on other forms or sheets of paper for inclusion in the case
				  record.
(b)
Handling oral
				  reports.
A report may be received in writing or orally. A report
				  received orally shall be committed immediately to writing on the standardized
				  form.
(c)
Minimum
				  contents.
The person receiving a report shall make every effort to
				  obtain information necessary to complete the standardized report form. At a
				  minimum, the completed report shall contain the following information:
(1) The date and time of the
				  report.
(2) The name, address and
				  phone number of the person making the report, unless withheld.
(3) The name, address and, if available, age
				  and phone number of the person reported to need protective services.
(4) The nature of the incident which
				  precipitated the report.
(5) The
				  nature and extent of the need for protective services. Indicate if the person
				  is in a life threatening situation.
(6) The physical and mental status of the
				  person in need, to the extent obtainable.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE, NEGLECT, ABANDONMENT OR EXPLOITATION › Section 15.26 - Screening and referral of reports received

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Screening.
A person
				  meeting the qualifications in §
										15.121(c)(3)
				  (relating to protective services staff qualifications) who receives a report
				  shall screen the report during and immediately following receipt of the report
				  to assign it to one of the following referral categories:
(1) Emergency.
(2) Priority.
(3) Nonpriority.
(4) Another planning and service
				  area.
(5) No need for protective
				  services.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE, NEGLECT, ABANDONMENT OR EXPLOITATION › Section 15.27 - Handling of completed reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reports to be signed.
Completed report forms shall be signed
				  by the person who received the report.
(b)
Appropriate routing of
				  reports.
A completed report form shall be promptly routed to
				  appropriate staff of the agency under §
										15.26(b) 
				  (relating to screening and referral of reports received), and shall be handled
				  in a manner which safeguards the confidentiality of information contained in
				  the report. Sections
				  15.103 and
				  15.104 (relating to
				  responsibilities of staff with access to confidential information; and
				  penalties for violation of confidentiality requirements) also apply to staff of
				  an emergency response agency under contract with the agency to receive reports
				  during times when the agency is not open for business.
(c)
State licensed facility.
A report involving a State-licensed facility, and containing
				  sufficient information to begin an investigation, shall be provided to the
				  appropriate State licensing agency.
This section cited in 55 Pa. Code §
												2600.15 (relating to abuse
						reporting covered by law); and 55 Pa. Code §
												2800.15 (relating to abuse
						reporting covered by law).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INVESTIGATING REPORTS OF NEED FOR PROTECTIVE SERVICES › Section 15.41 - Reports required to be investigated

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The agency shall provide for an investigation of a
				  report received under §
										15.23 (relating to receiving
				  reports; general agency responsibility) and referred under §
										15.26 (relating to screening and
				  referral of reports received) to determine if the report can be substantiated
				  and, if so, immediate steps that are necessary to remove or reduce an imminent
				  risk to person or property. The investigation shall be initiated within 72
				  hours following the receipt of a report or sooner as provided under §
										15.42 (relating to standards for
				  initiating and conducting investigations) and include sufficient collateral
				  information provided by interviews, documents, reports or other methods to
				  determine if the older adult is in need of protective services. When
				  applicable, reports and investigations shall comply with §§
										15.141-15.147 (relating to criminal
				  history record information reports).
(b)
Trained and identified
				  investigators.
Only a person who has completed the minimum training
				  required for protective services caseworkers by the Department under
				  §§
										15.121-15.127 (relating to staff training
				  and experience standards) may conduct investigations under this section. When,
				  for reasons unexpected and beyond the agency's control, a trained staff person
				  is not available to conduct investigations, the agency shall notify the
				  Department and seek the Department's approval for its proposed plan for
				  carrying out its investigation responsibilities under this section. The agency
				  shall provide each investigator with official credentials which document the
				  identity of the investigator and the legal authority to implement this
				  chapter.
(c)
Agency
				  responsibility.
The agency is responsible for assuring that an
				  investigation under this section can be conducted whenever circumstances
				  require it. This responsibility includes the provision of standby capability
				  for use if the agency's regularly assigned staff is not available.
This section cited in 6 Pa. Code §
												15.12 (relating to administrative
						functions and responsibilities of area agencies on aging); 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act); and 6 Pa. Code §
												15.155 (relating to
						investigation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INVESTIGATING REPORTS OF NEED FOR PROTECTIVE SERVICES › Section 15.42 - Standards for initiating and conducting investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements by report
				  category.
(1)
Emergency
				  report.
(i) The investigation of a
				  report categorized as emergency shall be initiated immediately following the
				  referral of the report. The protective services caseworker shall make every
				  attempt to ensure the immediate safety of the older adult and to conduct a face
				  to face visit as soon as possible. The agency shall assure that reasonable
				  attempts will be made to conduct a face to face visit within 24 hours after the
				  report is received.
(ii) When,
				  after reasonable efforts to gain access to the older adult, the protective
				  services caseworker is denied access, the caseworker shall document the efforts
				  made and take action, as appropriate, under §
												15.61 or §
												15.71 (relating to access to
				  persons; and involuntary intervention by emergency court
				  order).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INVESTIGATING REPORTS OF NEED FOR PROTECTIVE SERVICES › Section 15.43 - Resolution of unsubstantiated reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When, upon investigation of a report, it
				  is determined that there is no need for protective services, the report shall
				  be classified as unsubstantiated.
(b) A case opened by an unsubstantiated
				  report shall be closed and information identifying the person who made the
				  report and the alleged perpetrator of abuse, if applicable, shall be
				  immediately deleted from the case record.
(c) For the purposes of substantiating a
				  pattern of abuse, neglect, exploitation or abandonment, the name of the person
				  reported to need protective services and other information relevant to the
				  circumstances which led to the report may be maintained for 6 months in a
				  separate locked file accessible only to limited authorized staff for review
				  when it is necessary to establish that a previous report was made. At the end
				  of 6 months, case records maintained under this subsection shall be destroyed
				  unless additional reports lead to their being reopened.
(d) When an older adult who is the subject of
				  an unsubstantiated report has needs for other services, the older adult shall
				  be informed of the availability of services through the area agency on aging
				  service management system or another appropriate community agency.
This section cited in 6 Pa. Code §
												15.102 (relating to maintenance of
						case files); 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act); and 6 Pa. Code §
												15.155 (relating to
						investigation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INVESTIGATING REPORTS OF NEED FOR PROTECTIVE SERVICES › Section 15.44 - Resolution of substantiated reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an investigation confirms the
				  details of a report made under §
										15.23 (relating to receiving
				  reports; general agency responsibility) or determines that the subject of the
				  report is an older adult in need of protective services, the report shall be
				  classified as substantiated.
(b)
				  The agency shall provide for a timely assessment of the need for protective
				  services by the older adult who is the subject of a substantiated report if the
				  older adult gives informed consent to an assessment. If an older adult found to
				  need protective services does not consent to an assessment, the agency may
				  seek, when appropriate, a court order under §
										15.61 (relating to access to
				  persons).
(c) On the basis of the
				  assessment, the agency shall provide for the development of a service plan of
				  recommended actions which reflect the least restrictive alternatives for
				  removing or reducing imminent risk to person or property and promote
				  self-determination and continuity of care being provided at the time of the
				  agency's intervention. The service plan may include, when appropriate, the
				  pursuit of civil or criminal remedies.
(d) Developed service plans shall be put into
				  effect under §
										15.94 (relating to service
				  delivery).
This section cited in 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act); and 6 Pa. Code §
												15.155 (relating to
						investigation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INVESTIGATING REPORTS OF NEED FOR PROTECTIVE SERVICES › Section 15.45 - Situations involving State-licensed facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The following
				  apply to investigations of reports concerning older adults who reside in
				  State-licensed facilities:
(1) The agency
				  continues to maintain its general responsibility for protective services when a
				  licensing agency assumes the role of investigating a report received by the
				  agency.
(2) The response times
				  provided in §
											15.42(a) (relating
				  to standards for initiating and conducting investigations) for initiating
				  investigations of reports apply to initiating investigations of reports under
				  this section. The initiation of the investigation under subsection (c) is
				  accomplished by the referral of the report to the appropriate administrative
				  office.
(3) The supervisor of a
				  protective services caseworker who initiates an investigation under this
				  section shall be informed during the current day or next day of normal agency
				  operating hours concerning the report and shall consult frequently with the
				  caseworker about the progress and findings of the investigation.
(4) The agency shall notify the area agency
				  on aging ombudsman of reports and investigations concerning older adults
				  residing in State licensed facilities for which the area agency on aging
				  provides ombudsman services. In situations that ombudsman services, as
				  established by section 712(g) of the Older Americans Act of 1965 (42 U.S.C.A. §
												3058g) and section 2207-A of The
				  Administrative Code of 1929 (71 P. S. §
												581-7(d)), are determined to
				  be appropriate, the agency shall request those services from the
				  ombudsman.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INVESTIGATING REPORTS OF NEED FOR PROTECTIVE SERVICES › Section 15.46 - Law enforcement agencies as available resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
This chapter
				  may not be interpreted to deny an older adult who needs protective services
				  access to the normal protections available from the police and other law
				  enforcement agencies as appropriate.
(b)
Interagency
				  coordination.
To facilitate the cooperation of law enforcement
				  officials with the provision of protective services when necessary, the agency
				  shall fulfill the following minimum coordinating activities:
(1) Achieve specific coordination objectives
				  with:
(i) Police departments in the planning
				  and service area.
(ii) The district
				  attorney's office.
(iii) State
				  Police field installations for the planning and service area.
(iv) Officials of the court system.
(v) Legal assistance agencies.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INVESTIGATING REPORTS OF NEED FOR PROTECTIVE SERVICES › Section 15.47 - Emergency medical services as available resources

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter may not be interpreted to deny an older adult
					 who needs protective services access to the normal protections of the emergency
					 medical services that would be available to anyone, regardless of age, in
					 similar circumstances.
This section cited in 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act); and 6 Pa. Code §
												15.155 (relating to
						investigation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › AGENCY ACCESS TO OLDER PERSONS AND RECORDS › Section 15.61 - Access to older adults

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Access assured by law.
The agency shall have access to older
				  adults who have been reported to need protective services to:
(1) Investigate reports received under this
				  chapter.
(2) Assess the older
				  adult's need and develop a service plan for addressing determined
				  needs.
(3) Provide for the delivery
				  of services by the agency or other service provider arranged for under the
				  service plan developed by the agency.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › AGENCY ACCESS TO OLDER PERSONS AND RECORDS › Section 15.62 - Access to records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Access assured by law.
The agency shall have access to records
				  relevant to:
(1) Investigations of reports
				  received under this chapter.
(2)
				  The assessment of need and the development of a service plan when an older
				  adult's need for protective services has been or is being
				  established.
(3) The delivery of
				  services arranged for under the service plan developed by the agency to respond
				  to an older adult's assessed need for specific services.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › AGENCY ACCESS TO OLDER PERSONS AND RECORDS › Section 15.63 - Access by consent

Current through Register Vol. 54, No. 28, July 13, 2024
The agency's access to confidential records held by other
					 agencies or individuals and the agency's access to an older adult reported to
					 need protective services shall require the consent of the older adult or a
					 court-appointed guardian except as provided under §
										15.61, §
										15.62 or §
										15.71 (relating to access to older
					 adults; access to records; and involuntary intervention by emergency court
					 order).
This section cited in 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › EMERGENCY INTERVENTION › Section 15.72 - Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents.
The petition which the agency files for an emergency
				  court order of involuntary intervention shall state the following information:
(1) The name, age and physical description of
				  the older adult insofar as these facts have been ascertained.
(2) The address or other location where the
				  older adult can be found.
(3) The
				  name and relationship of a guardian, caregiver or other responsible party
				  residing with the older adult, when applicable.
(4) A description of how the older adult is
				  at imminent risk of death or serious physical harm.
(5) The physical and mental status of the
				  older adult, to the extent known.
(6) The attempts made by the agency to obtain
				  the informed consent of the older adult, or the older adult's court appointed
				  guardian, when applicable, to the provision of protective services by the
				  agency.
(7) The specific
				  short-term, least restrictive, involuntary protective services which the agency
				  is petitioning the court for an order to provide.
(8) A description of how the proposed
				  services would remedy the situation or condition which presents an imminent
				  risk of death or serious physical harm.
(9) A statement showing why the proposed
				  services are not overbroad in extent or duration and why less restrictive
				  alternatives as to their extent or duration are not adequate.
(10) A statement that other voluntary
				  protective services have been offered, attempted or have failed to remedy the
				  situation.
(11) A statement that
				  reasonable efforts have been made to communicate with the older adult in a
				  language the older adult understands in the case of an older adult who is
				  hearing impaired or who does not understand the English language.
(12) Other relevant information deemed
				  appropriate by the agency.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › EMERGENCY INTERVENTION › Section 15.73 - Court appointed counsel

Current through Register Vol. 54, No. 28, July 13, 2024
The act requires that an emergency order under this section
					 provides that the older adult has the right to legal counsel. If no
					 representation for the older adult is present at the time the emergency order
					 is requested, the agency shall inform the court of its efforts to notify
					 counsel under §
										15.71(b) (relating
					 to involuntary intervention by emergency court order). If the older adult is
					 unable to provide for counsel, the court will appoint counsel as authorized by
					 the act at the time the emergency order is entered to ensure that legal
					 representation will be provided at the time of the emergency protective
					 services review hearing.
This section cited in 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › EMERGENCY INTERVENTION › Section 15.74 - Forcible entry

Current through Register Vol. 54, No. 28, July 13, 2024
When the agency requests a court order for forcible entry
					 to the premises where an older adult at imminent risk of death or serious
					 physical harm is located, the agency shall request the court to direct that a
					 local or State police officer carry out the forcible entry accompanied by a
					 representative of the agency.
This section cited in 6 Pa. Code §
												15.46 (relating to law enforcement
						agencies as available resources); and 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › EMERGENCY INTERVENTION › Section 15.75 - Health and safety requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The agency shall take reasonable steps to assure protection
					 of the older adult's dependents and property while the older adult is receiving
					 services under an emergency court order. The agency is not responsible for the
					 actual provision of all needed services but shall coordinate professional
					 linkage referrals and follow-up to assure that the needed services and
					 protections are being provided and maintained.
This section cited in 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INDIVIDUAL RIGHTS OF PARTIES INVOLVED › Section 15.81 - Rights of protective services clients

Current through Register Vol. 54, No. 28, July 13, 2024
The agency shall observe the following minimum requirements
					 to safeguard the rights of an older adult who is reported to need protective
					 services:
(1) The agency shall
				  discreetly notify the older adult during the investigation that a report of
				  need for protective services has been made and shall provide the older adult
				  with a brief summary of the nature of the report. The protective services
				  caseworker performing the investigation shall determine when and how this
				  notification is accomplished.
(2)
				  If the older adult requests additional information contained in the record, the
				  agency shall provide the information subject to the requirements in §
										15.105 (relating to limited access
				  to records and disclosure of information).
(3) A denial of services by the Department or
				  an authorized agency under this chapter may be appealed under Chapter 3
				  (relating to fair hearings and appeals).
(4) Nothing in this chapter limits the rights
				  of an older adult to file a petition under 23 Pa.C.S. Chapter 61 (relating to
				  the Protection from Abuse Act).
(5)
				  An older adult determined to need protective services has the right to refuse
				  protective services except as provided under a court order. The agency shall
				  obtain, when possible, the older adult's signed statement refusing protective
				  services or document unsuccessful efforts to obtain a signed
				  statement.
(6) An older adult has
				  the right to legal counsel when the agency petitions the court for emergency or
				  other orders to provide protective services without the older adult's consent.
				  The act provides that if an older adult is unable to provide for counsel,
				  counsel shall be appointed by the court. Under §
										15.71 (relating to involuntary
				  intervention by emergency court order), the agency is required to take steps to
				  involve counsel when emergency petitions are filed.
(7) As provided under §§
										15.101-15.105 (relating to
				  confidentiality), an older adult has the right to the confidentiality of
				  information received and maintained by the agency in reports, investigations,
				  service plans and other elements of a case record.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › INDIVIDUAL RIGHTS OF PARTIES INVOLVED › Section 15.82 - Rights of alleged abusers

Current through Register Vol. 54, No. 28, July 13, 2024
An individual who, as a result of a protective services
					 investigation, is determined to be a perpetrator of the abuse, neglect,
					 exploitation or abandonment of an older adult is entitled to the following if
					 the report is substantiated by the agency:
(1) The agency shall notify the alleged
				  perpetrator at the conclusion of the investigation of the report that
				  allegations have been made and shall provide the alleged perpetrator with a
				  brief summary of the allegations.
(2) As provided under §
										15.105 (relating to limited access
				  to records and disclosure of information), the alleged perpetrator may request,
				  and the agency shall provide, additional information contained in the
				  report.
(3) An alleged perpetrator
				  is entitled to file an appeal with the Department under 1 Pa. Code Part II
				  (relating to General Rules of Administrative Practice and Procedure) to
				  challenge the agency's finding resulting from the investigation of a report
				  made under this chapter. The agency's finding is that information, after an
				  investigation is concluded, which substantiated the need for protective
				  services. The appeal process applicable to older adults under Chapter 3
				  (relating to fair hearings and appeals) also applies to alleged perpetrators of
				  abuse, neglect, exploitation or abandonment. This appeal shall be in writing to
				  the Secretary and be postmarked within 30 days from the date of notification by
				  the agency required under this section.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROVISION OF SERVICES › Section 15.91 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Protective services.
Protective services are activities,
				  resources and supports provided to older adults under the act after the
				  initiation of an investigation to prevent, reduce or eliminate abuse, neglect,
				  exploitation and abandonment. Protective services activities include the
				  following:
(1) Administering protective
				  services plans.
(2) Receiving and
				  maintaining records of reports of abuse.
(3) Conducting investigations of reported
				  abuse.
(4) Conducting assessments
				  and developing service plans.
(5)
				  Petitioning the court.
(6)
				  Providing emergency involuntary intervention.
(7) Arranging for available services needed
				  to fulfill service plans, which may include, as appropriate, arranging for
				  services for other household members to reduce, correct or eliminate abuse,
				  neglect, exploitation or abandonment of an older adult. A partial listing of
				  the services which may be made available to reduce, correct or eliminate abuse,
				  neglect, exploitation or abandonment of an older adult is found in §
											15.93(c) (relating
				  to service plan).
(8) Purchasing,
				  on a temporary basis, as provided under §
											15.112 (relating to uses of funding
				  authorized by the act), services determined by a service plan to be necessary
				  to reduce, correct or eliminate abuse, neglect, exploitation or abandonment of
				  an older adult when the services are not available within the existing
				  resources of the agency or other appropriate provider.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROVISION OF SERVICES › Section 15.92 - Assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a report
				  is substantiated by the agency, or if an assessment is necessary to determine
				  whether or not the report is substantiated, the agency shall, with the consent
				  of the older adult, provide for a timely assessment. If the older adult does
				  not consent, the agency may apply §
										15.61 or §
										15.71 (relating to access to
				  persons; and involuntary intervention by emergency court order).
(b) The protective services caseworker shall
				  make face-to-face contact with the older adult to evaluate and document
				  information including the following:
(1)
				  Personal appearance.
(2) Physical
				  environment.
(3) Physical
				  health.
(4) Mental
				  functioning.
(5) Activities of
				  daily living.
(6) Social
				  environment.
(7) Economic
				  status-including eligibility for public and private entitlements or resources
				  as defined under §
											15.2 (relating to
				  definitions).
(8)
				  Nutrition.
(9) Recent
				  experiences-losses, separations, major changes in relationships or
				  environments.
(10) The need for a
				  formal medical or psychiatric evaluation.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROVISION OF SERVICES › Section 15.93 - Service plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon completion
				  of the assessment and with the consent of the older adult, a service plan shall
				  be prepared. The service plan shall be cooperatively developed by the agency
				  staff, the older adult or his appointed guardian, and other family members, if
				  appropriate. Protective services may not be provided under the act to an older
				  adult who does not consent to the services or who, having consented, withdraws
				  consent, unless the services are ordered by a court, requested by a
				  court-appointed guardian of the older adult or provided under §
										15.71 (relating to involuntary
				  intervention by emergency court order).
(b) The service plan shall be in writing and
				  shall include a recommended course of action which utilizes the least
				  restrictive alternative, encourages self-determination and continuity of care.
				  The recommended course of action may also include pursuit of civil or criminal
				  remedies.
(c) The service plan
				  shall describe the older adult's identified needs, the goals to be achieved,
				  the specific services which will be used to support attainment of the goals and
				  the procedures to be followed with regard to regular follow-up and assessment
				  of progress. Specific services which may be used to implement the service plan
				  include:
(1) Medical evaluations.
(2) Psychiatric or psychological
				  evaluations.
(3) Legal
				  services.
(4) Public or private
				  entitlements or resources.
(5)
				  Financial management.
(6) Personal
				  or environmental safety.
(7)
				  Emergency shelter.
(8)
				  Transportation.
(9) Home delivered
				  meals.
(10) Attendant
				  care.
(11) Homemaker
				  services.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROVISION OF SERVICES › Section 15.94 - Service delivery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  agency shall, with the consent of the older adult, provide for implementation
				  of the course of action recommended in the service plan. The implementation may
				  be provided by direct provision of services by the agency, purchase of services
				  from another agency, referral to another agency, provision of services by
				  family and friends or a combination of these or other methods.
(b) Protective services may not be provided
				  under the act to an older adult who does not consent to services or who, having
				  consented, withdraws consent, unless the services are ordered by a court,
				  requested by a guardian of the older adult or provided under §
										15.71 (relating to involuntary
				  intervention by emergency court order).
This section cited in 6 Pa. Code §
												15.44 (relating to resolution of
						substantiated reports).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROVISION OF SERVICES › Section 15.95 - Case management

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Coordination of services.
The protective services caseworker
				  is responsible for coordination of sources of services being provided to the
				  older adult who needs protective services. The caseworker shall also take
				  reasonable steps to assure that services necessary to achieve the goals in the
				  service plan are being provided.
(b)
Case records.
A separate
				  record shall be established to contain information on protective services
				  cases. The protective service case record on an older adult shall be separated
				  from other records maintained by the agency on that older adult.
				  Confidentiality of the protective services case record shall be maintained by
				  the agency as set forth in §§
										15.101-15.105 (relating to
				  confidentiality). The protective services case record includes the following:
(1) The report of a need for protective
				  services.
(2) The record of
				  investigation.
(3) The written
				  findings of the assessment.
(4) The
				  service plan.
(5) Notes of contact
				  with the older adult and others involved with the case.
(6) Court documents-for example, petitions,
				  orders and the like.
(7) Letters of
				  notification-abused and abuser.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROVISION OF SERVICES › Section 15.96 - Termination of protective services

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The agency shall terminate protective services when the older adult is no
				  longer "an older adult in need of protective services" under §
										15.2 (relating to
				  definitions).
(b) Except when the
				  older adult withdraws consent to the delivery of protective services, the
				  agency may terminate protective services in one of the following ways:
(1) By closing the case when no further
				  service intervention is required by the older adult.
(2) By closing the case when a court order
				  for services has terminated and the older adult does not consent to further
				  service intervention.
(3) By
				  transferring the older adult to the service management system of the area
				  agency.
(4) By transferring the
				  older adult to another appropriate agency.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CONFIDENTIALITY › Section 15.101 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Information contained in the agency's protective services
					 case files, as defined under §
										15.2 (relating to definitions),
					 shall be considered confidential and shall be maintained under this
					 chapter.
This section cited in 6 Pa. Code §
												15.12 (relating to administrative
						functions and responsibilities of area agencies on aging); 6 Pa. Code §
												15.81 (relating to rights of
						protective services clients); 6 Pa. Code §
												15.95 (relating to case
						management); and 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CONFIDENTIALITY › Section 15.103 - Responsibilities of staff with access to confidential information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The agency
				  shall assure that staff with access to information contained, or to be
				  contained, in a case record are fully aware of the confidentiality provisions
				  of this chapter and of the local agency.
(b) A staff person who is authorized to have
				  access to information contained, or to be contained, in a case record is
				  required to take every possible step to safeguard the confidentiality of that
				  information. This requirement extends to known information related to a case
				  but not recorded in writing.
(c) A
				  staff person who is to be authorized to have access to confidential information
				  related to protective services cases shall sign a statement provided by the
				  Department, assuring knowledge of applicable confidentiality requirements and
				  the penalties for violating them.
This section cited in 6 Pa. Code §
												15.12 (relating to administrative
						functions and responsibilities of area agencies on aging); 6 Pa. Code §
												15.27 (relating to handling of
						completed reports); 6 Pa. Code §
												15.81 (relating to rights of
						protective services clients); 6 Pa. Code §
												15.95 (relating to case
						management); 6 Pa. Code §
												15.104 (relating to penalties for
						violation of confidentiality requirements); and 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CONFIDENTIALITY › Section 15.104 - Penalties for violation of confidentiality requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a staff person who is authorized to
				  have access to confidential information under this chapter is strongly
				  suspected of violating the requirements in the signed confidentiality statement
				  under §
										15.103(c)
				  (relating to responsibilities of staff with access to confidential
				  information), that person shall be immediately suspended from protective
				  services duties pending an investigation and determination of
				  culpability.
(b) If a staff person
				  who is authorized to have access to confidential information under this chapter
				  is determined upon investigation to have violated the requirements in the
				  signed confidentiality statement under §
										15.103(c), that
				  person shall be subject to the appropriate disciplinary action in the
				  confidentiality statement.
This section cited in 6 Pa. Code §
												15.12 (relating to administrative
						functions and responsibilities of area agencies on aging); 6 Pa. Code §
												15.27 (relating to handling of
						completed reports); 6 Pa. Code §
												15.81 (relating to rights of
						protective services clients); 6 Pa. Code §
												15.95 (relating to case
						management); and 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › FINANCIAL OBLIGATIONS › Section 15.111 - Coordination of available resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The agency shall insure that funding authorized under the act is not used to
				  supplant public and private entitlements or resources as defined in §
										15.2 (relating to definitions) for
				  which older adults are, or may be, eligible.
(b) The agency shall attempt to establish the
				  older adult's eligibility for appropriate public and private entitlements and
				  resources and shall exhaust the eligibility for benefits prior to the
				  utilization of funds authorized by the act for the provision of
				  services.
(c) The agency is
				  required to coordinate the utilization of public and private entitlements and
				  resources. This chapter does not establish a means test for the provision of
				  protective services. A protective service client who receives a service may not
				  be required to pay a fee not required of other older adults receiving the same
				  service.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › FINANCIAL OBLIGATIONS › Section 15.113 - Time limitation on service purchases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  After exhausting available steps to provide necessary services through existing
				  agency resources, utilization of other providers and the coordination of public
				  and private entitlements and resources, the agency may purchase those services
				  on a time-limited basis.
(b) The
				  purchase of services under this section is limited to a 30-day period which may
				  be renewed only with adequate justification. The agency shall consider the
				  30-day period to be a maximum time limit for the purchase of services and not a
				  standard time allotment. After the decision to purchase services has been made,
				  the agency shall continue the pursuit of alternate ways to provide the services
				  and terminate the purchase of services as soon as possible.
(c) If at the end of 30 days of continuous
				  service purchase on behalf of an individual protective services client, the
				  services are still necessary and still available only through purchase,
				  complete justification of the need for services and documentation of the
				  unavailability of the services shall be made a part of the record as required
				  by §
										15.95(b) (relating
				  to case management).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › FINANCIAL OBLIGATIONS › Section 15.114 - Obligation of the Commonwealth and the counties

Current through Register Vol. 54, No. 28, July 13, 2024
The obligation of the Commonwealth and the counties to
					 provide funds to the Department or an agency for services provided under this
					 chapter shall be entirely discharged by the appropriations made to the
					 Department or an agency. If the agency has met its responsibility under the
					 law, no action at law or equity may be instituted in a court to require the
					 Department, an agency, county or the Commonwealth to provide benefits or
					 services under the act for which appropriations from the Commonwealth or
					 counties are not available. The responsibility of the area agency on aging, the
					 county and the Commonwealth to provide funding is met when resources authorized
					 by the act and provided under approved area agency on aging plans have been
					 expended.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › STAFF TRAINING AND EXPERIENCE STANDARDS › Section 15.121 - Protective services staff qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The area agency
				  on aging shall assure that staff directly involved with the protective services
				  caseload meet the minimum standards of training and experience in this chapter.
				  The minimum standards apply to staff assigned to protective services on a
				  full-time basis, a part-time basis or as standby staff. The minimum standards
				  apply to incumbent staff as well as those hired after November 26,
				  1988.
(b)
Criminal
				  record.
The protective services agency shall require persons to be
				  hired or to be assigned to carry out responsibilities for protective services
				  investigations, assessments and service planning and arrangement to submit the
				  following information:
(1) Under
				  18 Pa.C.S. §§
												9101-9183 (relating to the criminal history
				  record information act), a report of criminal history record information from
				  the State Police or a statement from the State Police that the State Police
				  Central Repository contains no information relating to that person. The
				  criminal history record information shall be limited to that which is
				  disseminated under
				  18 Pa.C.S. §
												9121(b)(2) (relating to
				  general regulations).
(2) If the
				  applicant or assignee is not a resident of this Commonwealth, a report of
				  Federal criminal history record information under the Federal Bureau of
				  Investigation appropriation of Title II of the Act of October 25, 1972 (Pub. L.
				  No. 92-544, 86 Stat. 1109).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › STAFF TRAINING AND EXPERIENCE STANDARDS › Section 15.122 - Protective services casework training curriculum

Current through Register Vol. 54, No. 28, July 13, 2024
The protective services casework training curriculum shall
					 consist of comprehensive training including the following topics:
(1) An overview of abuse, neglect,
				  exploitation and abandonment.
(2)
				  Laws and regulations of the Commonwealth relating to abuse, neglect,
				  exploitation and abandonment of older adults.
(3) Detection of abuse, neglect, exploitation
				  and abandonment.
(4) Protective
				  services case assessments.
(5)
				  Provision of protective services.
(6) Interviewing skills.
(7) The resistant older adult.
(8) Utilization of local resources.
(9) Incompetence or incapacity.
(10) Relationships with other
				  agencies.
(11)
				  Confidentiality.
(12) Institutional
				  investigations.
(13) Service
				  options for victims of abuse, neglect, exploitation and abandonment.
(14) Informed consent.
(15) Self-neglect.
(16) Retaliation.
This section cited in 6 Pa. Code §
												15.2 (relating to definitions); 6
						Pa. Code §
												15.11 (relating to administrative
						functions and responsibilities of the Department); 6 Pa. Code §
												15.13 (relating to organization and
						structure of protective services functions); 6 Pa. Code §
												15.26 (relating to screening and
						referral of reports received); 6 Pa. Code §
												15.41 (relating to reports required
						to be investigated); 6 Pa. Code §
												15.46 (relating to law enforcement
						agencies as available resources); 6 Pa. Code §
												15.121 (relating to protective
						services staff qualifications); and 6 Pa. Code §
												15.127 (relating to in-service
						training).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › STAFF TRAINING AND EXPERIENCE STANDARDS › Section 15.123 - Protective services investigation training curriculum

Current through Register Vol. 54, No. 28, July 13, 2024
The protective services investigation training curriculum
					 shall consist of comprehensive training including the following topics:
(1) Laws and regulations of the Commonwealth
				  related to investigations and criminal procedures.
(2) The criminal justice system.
(3) Developing the investigative
				  plan.
(4) Investigative
				  techniques.
(5) Maintaining control
				  of the interview.
(6) Interviewing
				  reporters.
(7) Interviewing
				  collateral sources.
(8)
				  Interviewing victims.
(9)
				  Observation techniques.
(10)
				  Techniques to obtain documentary evidence.
(11) Techniques to gather and preserve
				  physical evidence.
(12) Closing the
				  investigation.
(13) Presenting
				  testimony in court.
(14)
				  Coordination with other State agencies.
This section cited in 6 Pa. Code §
												15.2 (relating to definitions); 6
						Pa. Code §
												15.11 (relating to administrative
						functions and responsibilities of the Department); 6 Pa. Code §
												15.13 (relating to organization and
						structure of protective services functions); 6 Pa. Code §
												15.41 (relating to reports required
						to be investigated); 6 Pa. Code §
												15.46 (relating to law enforcement
						agencies as available resources); 6 Pa. Code §
												15.121 (relating to protective
						services staff qualifications); and 6 Pa. Code §
												15.127 (relating to in-service
						training).