Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Abuse" means the willful infliction of physical pain,
				  injury, or mental anguish or unreasonable confinement of an adult as defined in
				  §
									63.2-1603
				  of the Code of Virginia.
"Adult" means any person 60 years of age and older, or any
				  person 18 years of age or older who is incapacitated and who resides in the
				  Commonwealth; provided, however, "adult" may include qualifying nonresidents
				  who are temporarily in the Commonwealth and who are in need of temporary or
				  emergency protective services.
"Adult protective services" or "APS" means services provided
				  by the local department that are necessary to protect an adult as defined in
				  §
									63.2-1603
				  of the Code of Virginia from abuse, neglect, or exploitation.
"APS case management information system" means the computer
				  system that collects and maintains information on APS reports, investigations,
				  and service provision. The system is the official state automated system for
				  APS.
"Collateral" means a person whose personal or professional
				  knowledge may help confirm or rebut the allegations of adult abuse, neglect, or
				  exploitation or whose involvement may help ensure the safety of the
				  adult.
"Commissioner" means the commissioner of the
				  department.
"Conservator" means a person appointed by the court who is
				  responsible for managing the estate and financial affairs of an incapacitated
				  person, and where the context plainly indicates, includes a "limited
				  conservator" or a "temporary conservator."
"Department" or "DARS" means the Virginia Department for
				  Aging and Rehabilitative Services.
"Director" means the director or his designated
				  representative of the local department of social services of any city or county
				  in the Commonwealth.
"Disposition" means the determination by the local department
				  of whether or not adult abuse, neglect, or exploitation has occurred.
"Documentation" means information and materials, written or
				  otherwise, concerning allegations, facts, and evidence.
"Exploitation" means the illegal, unauthorized, improper, or
				  fraudulent use of an adult as defined in §
									63.2-1603
				  of the Code of Virginia or the adult's funds, property, benefits, resources, or
				  other assets for another's profit, benefit, or advantage, including a caregiver
				  or person serving in a fiduciary capacity, or that deprives the adult of his
				  rightful use of or access to such funds, property, benefits, resources, or
				  other assets. "Adult exploitation" includes (i) an intentional breach of a
				  fiduciary obligation to an adult to his detriment or an intentional failure to
				  use the financial resources of an adult in a manner that results in neglect of
				  such adult; (ii) the acquisition, possession, or control of an adult's
				  financial resources or property through the use of undue influence, coercion,
				  or duress; and (iii) forcing or coercing an adult to pay for goods or services
				  or perform services against his will for another's profit, benefit, or
				  advantage if the adult did not agree, or was tricked, misled, or defrauded into
				  agreeing, to pay for such goods or services or perform such services.
"Guardian" means a person appointed by the court who is
				  responsible for the personal affairs of an incapacitated person, including
				  responsibility for making decisions regarding the person's support, care,
				  health, safety, habilitation, education, therapeutic treatment, and, if not
				  inconsistent with an order of involuntary admission, residence. Where the
				  context plainly indicates, the term includes a "limited guardian" or a
				  "temporary guardian." The powers and duties of the guardian are defined by the
				  court and are limited to matters within the areas in which the person in need
				  of a guardian has been determined to be incapacitated.
"Guardian ad litem" means an attorney appointed by the court
				  to represent the interest of the adult for whom a guardian or conservator is
				  requested.
"Incapacitated person" means any adult who is impaired by
				  reason of mental illness, intellectual disability, physical illness or
				  disability, advanced age, or other causes to the extent that the adult lacks
				  sufficient understanding or capacity to make, communicate, or carry out
				  responsible decisions concerning his well-being. As used in this chapter for
				  the purpose of establishing an adult's eligibility for APS, such adult may or
				  may not have been adjudicated incapacitated by a court.
"Involuntary protective services" means those services
				  authorized by the court for an adult who has been determined to need protective
				  services and who has been adjudicated incapacitated and lacking the capacity to
				  consent to receive the needed protective services.
"Lacks capacity to consent" means a preliminary judgment of a
				  local department of social services that an adult is unable to consent to
				  receive needed services for reasons that relate to an emotional or psychiatric
				  condition, intellectual disability, developmental disability, or other reasons
				  that impair the adult's ability to recognize a substantial risk of death or
				  immediate and serious harm to himself. The lack of capacity to consent may be
				  either permanent or temporary. The local department shall make a preliminary
				  judgment that the adult lacks capacity to consent before petitioning the court
				  for authorization to provide protective services on an emergency basis pursuant
				  to §
									63.2-1609
				  of the Code of Virginia.
"Legally incapacitated" means that the person has been
				  adjudicated incapacitated by a circuit court because of a mental or physical
				  condition that renders him, either wholly or partially, incapable of taking
				  care of himself or his estate.
"Legitimate interest" means a lawful, demonstrated right to
				  access the requested information pursuant to §
									51.5-122
				  of the Code of Virginia.
"Local department" means any local department of social
				  services in the Commonwealth of Virginia.
"Mandated reporters" means those persons identified in §
									63.2-1606
				  of the Code of Virginia who are required to report to APS when such persons
				  have reason to suspect that an adult is abused, neglected, or exploited or is
				  at risk of abuse, neglect, or exploitation.
"Mental anguish" means a state of emotional pain or distress
				  resulting from verbal or behavioral actions of an alleged perpetrator. The
				  intent of the action is to threaten or intimidate, cause sorrow or fear,
				  humiliate, change behavior, or ridicule the adult. There must be observable or
				  documented evidence that it is the alleged perpetrator's action that has caused
				  the adult's emotional pain or distress.
"Neglect" means that an adult as defined in §
									63.2-1603
				  of the Code of Virginia is living under such circumstances 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. However, no
				  adult shall be considered neglected solely on the basis that such adult is
				  receiving religious nonmedical treatment or religious nonmedical nursing care
				  in lieu of medical care, provided that such treatment or care is performed in
				  good faith and in accordance with the religious practices of the adult and
				  there is written or oral expression of consent by that adult. Neglect includes
				  the failure of a caregiver or another responsible person to provide for basic
				  needs to maintain the adult's physical and mental health and well-being, and it
				  includes the adult's neglect of self. Neglect includes:
1. The lack of clothing considered necessary to protect an
				  adult's health;
2. The lack of food necessary to prevent physical injury or
				  to maintain life, including failure to receive appropriate food for adults with
				  conditions requiring special diets;
3. Shelter that is not structurally safe; has rodents or
				  other infestations that may result in serious health problems; or does not have
				  a safe and accessible water supply, safe heat source, or sewage disposal.
				  Adequate shelter for an adult depends on the impairments of the adult; however,
				  the adult must be protected from the elements that would seriously endanger his
				  health (e.g., rain, cold, or heat) and could result in serious illness or
				  debilitating conditions;
4. Inadequate supervision by a paid or unpaid caregiver who
				  provides the supervision necessary to protect the safety and well-being of an
				  adult in his care;
5. The failure of persons who are responsible for caregiving
				  to seek needed medical care or to follow medically prescribed treatment for an
				  adult, or the adult has failed to obtain such care for himself. The needed
				  medical care is believed to be of such a nature as to result in physical or
				  mental injury or illness if it is not provided;
6. Medical neglect includes the withholding of medication or
				  aids needed by the adult including dentures, eye glasses, hearing aids, or
				  walkers. It also includes the unauthorized administration of prescription
				  drugs, over-medicating or under-medicating, and the administration of drugs for
				  other than medical reasons, as determined by a licensed health care
				  professional; or
7. Self-neglect by an adult who is not meeting his own basic
				  needs due to mental or physical impairments. Basic needs refer to such things
				  as food, clothing, shelter, health, or medical care.
"Notification" means informing designated and appropriate
				  individuals or agencies of the local department's action and the individual's
				  rights.
"Preponderance of evidence" means the evidence as a whole
				  shows that the facts are more probable and credible than not. It is evidence
				  that is of greater weight or more convincing than the evidence offered in
				  opposition.
"Report" means an allegation made in writing or orally by any
				  person that an adult is suspected of being abused, neglected, or exploited or
				  at risk of being abused, neglected, or exploited. The report shall be made to
				  the local department or by calling the APS Hotline.
"Responsible person" means an individual who is authorized by
				  state law to make decisions concerning the adult and to receive information
				  about the adult.
"Service plan" means a written plan of action to address the
				  service needs of an adult in order to protect the adult, to prevent future
				  abuse, neglect, or exploitation, and to preserve the autonomy of the adult
				  whenever possible.
"Unreasonable confinement" means the use of physical or
				  chemical restraints, isolation, or any other means of confinement when there is
				  no emergency and for reasons other than the adult's safety or well-being or the
				  safety of others.
"Valid report" means the local department has evaluated the
				  information and allegations of the report and determined that the local
				  department shall conduct an investigation because all of the elements of
				  22VAC30-100-20
				  C for a valid report are present.
Statutory Authority: §§
											51.5-131
					 and
					 51.5-148
					 of the Code of Virginia;
					 42 USC §
												1397(3).