Section 149-2-5 - APS INVESTIGATIONS1. Prioritization Any Report that is assigned for APS Investigation shall be prioritized according to the potential risk or danger faced by the Incapacitated or Dependent Adult based on the information provided by the Reporter and information otherwise available or known to OADS.
A. Based on prioritization, an APS Investigation may begin on the date the Report is received through APS Central Intake and will begin no later than five (5) business days from the date the Report is received.2. InvestigationA. Investigation of allegations of Abuse, Neglect, or Exploitation is the responsibility of APS and State APS Caseworkers pursuant to the Adult Protective Services Act, 22 M.R.S. §§ 3471, 3473 and 34-B M.R.S. § 5604-A(2). APS may refer Reports to DLC for investigation, in accordance with 22 M.R.S. §§ 1812-G, 1812-J.B. APS shall document all steps taken to collect facts to reach a finding, including dates of phone calls, interviews, site visits, and document reviews. 1. APS shall perform the following tasks during the APS Investigation, as appropriate, and to the greatest extent possible:2. Conduct face-to-face interview(s) with the Incapacitated or Dependent Adult who is the subject of the Report. All interviews shall be in a private setting, to the greatest extent possible, and shall not be conducted in the presence of an alleged perpetrator of Abuse, Neglect, or Exploitation.3. Assess the level of risk based on the allegations reported and assess the level of incapacity or dependency of the allegedly Incapacitated or Dependent Adult.4. Conduct face-to-face interview(s) with the alleged perpetrator(s) of Abuse, Neglect, or Exploitation. Where multiple alleged perpetrators are involved, interviews shall be conducted separately outside of the presence of any other witnesses or alleged perpetrators.5. Conduct interviews with witnesses to alleged Abuse, Neglect, or Exploitation or other individuals who are likely to have relevant information related to the Report.6. Request from the appropriate parties and review any documents, criminal history record information, recordings, photographs, and other records relevant to the Report.7. Compare statements of the Incapacitated or Dependent Adult, alleged perpetrator(s) of Abuse, Neglect, or Exploitation (if applicable), and witnesses, physical evidence, and documentary evidence to identify any significant discrepancies or contradictions and draw fact-based conclusions.C. Pursuant to 22 M.R.S. § 3480, the Commissioner or their delegate may issue subpoenas requiring persons to disclose or provide to the Department information or records in their possession that are necessary and relevant to an investigation of a report of suspected Abuse, Neglect, or Exploitation or to a subsequent adult protective proceeding, including, but not limited to, health care information that is confidential pursuant to 22 M.R.S. § 1711-C. The Department may apply to the District Court and Probate Court to enforce a subpoena.D. Providers shall cooperate with APS during APS Investigations, which includes but is not limited to the following:1. Providing documentation related to a reported incident or situation;2. Preserving documentation or evidence related to a reported incident under investigation; or3. Providing access to facilities, staff, residents or individual clients as requested by APS pursuant to 22 M.R.S. § 3480(3).F. When a Provider conducts an internal review of an incident involving an Incapacitated or Dependent Adult that is also the subject of an APS Investigation, the Provider may not permit such internal review to interfere with, delay, or obstruct the APS investigation. Providers must retain and make available to the Department, upon request, all documentation relating to an incident that the Provider knows or has reason to believe is or may become the subject of an APS Investigation.3. Reporting to District Attorney, Law Enforcement, Protection and Advocacy Agency A. Immediate Report: Subject to the confidentiality provisions of 22 M.R.S. § 3474(2)(A), when APS receives a report that a person is suspected of Abusing, Neglecting, or Exploiting an Incapacitated or Dependent Adult, APS shall immediately report the suspected Abuse, Neglect, or Exploitation to the appropriate district attorney's office, whether or not APS investigates the report.B. After investigation: upon finding evidence indicating that a person has Abused, Neglected, or Exploited an Incapacitated or Dependent Adult resulting in serious harm, APS shall notify the appropriate District Attorney or law enforcement agency of that finding, if law enforcement is not already aware or involved.C. Where a Report or open APS Investigation has been referred to law enforcement, APS shall coordinate with law enforcement to complete the APS Investigation.D. The Department shall provide the Protection and Advocacy Agency with adult protective services records upon request pursuant to 22 M.R.S. § 3474(2)(B).