Section 455 IAC 1-2-5 - Adult protective services unit's dutiesAuthority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 5.
The APS unit shall assure that the following activities are carried out:
(1) Secure and maintain a full-time equivalent qualified protective services coordinator, as defined in 455 IAC 1-2-6[section 6 of this rule].(2) Cooperate with DDARS to provide information and education to the general public within the designated area regarding the existence of the adult protective services law and available services.(3) Accept all reports of adult battery, neglect and exploitation from individuals, health care and human service professionals, institutions, law enforcement officials, DDARS, and other sources.(4) Document the receipt of reports on the official report form developed by DDARS, obtaining all available and pertinent information.(5) Conduct an investigation of all reports of battery, neglect, and exploitation to ascertain the condition and safety of the allegedly endangered adult: (A) immediately when the possibility of physical danger to the adult exists; or(B) as soon as possible after receipt of a report (within twenty calendar days).(6) Follow procedures for coordination with the Indiana department of health as per IC 12-10-3 -17.(7) Maintain procedures for appropriate access to and for safeguarding of the confidentiality of records.(8) Be familiar with available community resources.(9) Seek cooperation from other public and private agencies and individuals in the geographic services region which offer services as may be needed by endangered adults.(10) Cooperate with all the APS units in Indiana.(11) Participate in DDARS-sponsored in-service training.(12) After initial investigation, proper notification that the report is unsubstantiated shall be made to concerned parties, at the discretion of the APS unit.(13) Report to DDARS on forms provided by DDARS, information concerning each report of battery, neglect, or exploitation received and investigated, within time frames established by DDARS, including those reports made to the department of health.(14) Transmit to DDARS all identifying records concerning unsubstantiated reports in accordance with DDARS policy and procedures.(15) In instances of substantiated reports, obtain an assessment of the endangered adult's situation and needs, and coordinate with the appropriate social services agencies who will develop a service plan for the provision of protective services (in cooperation with the endangered adult).(16) The plan for the provision of protective services shall be given to the endangered adult in writing, and shall include: (A) a statement of the problem;(B) one (1) or more goal statements;(C) a description of the desired state of client functioning;(D) identification of the appropriate and least restrictive services;(E) the frequency and duration of anticipated service delivery; and(F) the manner in which the effectiveness of the services will be monitored and evaluated.(17) Approve said plan and assure that the available necessary protective services for the endangered adult are secured.(18) Monitor and maintain complete documentation of the implementation of the protective services plan.(19) Petition, through the prosecuting attorney's office, the court having probate jurisdiction in the county of the adult's residence, for an order to enjoin interference with the delivery of protective services arranged by the division or unit with the consent of the endangered adult, when such interference is occurring.(20) Petition the probate court having jurisdiction in the county in which the endangered adult resides, to secure a protective order requiring that the adult receive protective services, only when: (A) the individual does not consent, or withdraws consent previously given, to the receipt of the protective services; and(B) the individual is an endangered adult under IC 12-10-3-2(a); and(C) the individual, in the opinion of the APS unit, lacks the capacity to understand the clear consequences of his or her decisions, in accordance with IC 29-1-18. A petition for a protective order does not constitute an action for guardianship.
(21) When a protective order is required, approve and submit to the court, a plan for the provision of the protective services, which includes, at the minimum, the items identified in subdivision (16) of this section.(22) Petition the court to modify or terminate a protective services order, as necessary, as per IC 12-10-3-25.(23) Petition the court to hold a hearing on the question of continuing jurisdiction, as per IC 12-10-3-26.Division of Aging; 455 IAC 1-2-5; filed Oct 30, 1985, 10:48 a.m.: 9 IR 479; readopted filed Nov 14, 2001, 4:47 p.m.: 25 IR 1279; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; errata filed Aug 25, 2011, 1:41 p.m.: 20110914-IR-455110468ACA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFAReadopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-455190488RFA Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-5) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-5) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-5) to the Division of Aging ( 455 IAC 1-2-5) by P.L. 153-2011, SECTION 21, effective July 1, 2011.