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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 100. Adult Protective Services
9/21/2021

22VAC30-100-20. Adult protective services intake and investigation.

A. This section establishes the process for APS intake and investigation and provides priority to situations that are most critical.

B. All reports shall be entered into the APS case management information system within 48 hours of its receipt by the local department.

C. The local department shall determine if the report is valid by evaluating the information and allegations in the report. A report is valid if all of the following elements are present:

1. The alleged adult victim is 60 years of age or older or is 18 years of age or older and is incapacitated;

2. There is a specific adult with enough identifying information to locate the adult;

3. Circumstances allege abuse, neglect, or exploitation or risk of abuse, neglect, or exploitation; and

4. The local department receiving the report is the local department of jurisdiction as described in this section.

D. Within 24 hours after receiving a valid report, the local department shall initiate an investigation.

1. To initiate the investigation, the local department shall gather enough information concerning the report to determine if an immediate response is needed to ensure the safety of the alleged victim. Pertinent information may be obtained from the report, case record reviews, contact with the alleged victim, the reporter, friends, neighbors, service providers, or other sources of information.

2. When determining the need for an immediate response, the local department shall consider the following factors:

a. The imminent danger to the adult or to others;

b. The severity of the alleged abuse, neglect, or exploitation;

c. The circumstances surrounding the alleged abuse, neglect, or exploitation; and

d. The physical and mental condition of the adult.

3. A face-to-face contact with the alleged victim shall be made as soon as possible but not later than seven calendar days after the date of the initiation of the investigation unless there are valid reasons that the contact could not be made. Those reasons shall be documented in the APS case management information system. The timing of the interview with the alleged victim should occur in a reasonable amount of time consistent with the local department's consideration of the circumstances in subdivision 2 of this subsection.

E. The purpose of the investigation is to determine whether the adult alleged to be abused, neglected, or exploited or at risk of abuse, neglect, or exploitation is in need of protective services and, if so, to identify those services.

F. The local department shall conduct a thorough investigation of the report.

G. The investigation shall include a visit and private interview with the adult alleged to be abused, neglected, or exploited.

H. The investigation shall include consultation with others who may have knowledge or information about the report.

I. An APS assessment shall be required for all APS investigations and shall be entered into the APS case management information system. The APS assessment shall address the following:

1. Allegations in the report or circumstances discovered during the investigation that meet the definitions of adult abuse, neglect, or exploitation.

2. The extent to which the adult is physically, emotionally, and mentally capable of making and carrying out decisions concerning his health and well-being.

3. How the adult's environment, functional ability, physical and mental health, support system, and income and resources may be contributing factors in the abuse, neglect, or exploitation.

4. The risk of serious harm to the adult.

5. The need for an immediate response by the local department to a valid report.

6. The circumstances and information concerning an interview with the alleged victim, the alleged perpetrator (if known), and any collateral contacts having knowledge of the case.

J. Primary responsibility for the investigation when more than one local department may have jurisdiction under § 63.2-1605 of the Code of Virginia shall be assumed by the local department:

1. Where the subject of the investigation resides when the place of residence is known and when the alleged abuse, neglect, or exploitation occurred in the city or county of residence;

2. Where the abuse, neglect, or exploitation is believed to have occurred when the report alleges that the incident occurred outside the city or county of residence;

3. Where the abuse, neglect, or exploitation was discovered if the incident did not occur in the city or county of residence or if the city or county of residence is unknown and the place where the abuse, neglect, or exploitation occurred is unknown; or

4. Where the abuse, neglect, or exploitation was discovered if the subject of the report is a nonresident who is temporarily in the Commonwealth.

K. An adult's residence is determined by the physical location of the residence. An adult's residence is not determined by the locality to which the adult may pay or previously paid taxes or by whether the adult currently or previously received services or public assistance from another local department.

L. A local department that may have previously provided a service to or conducted an APS investigation on an adult shall assist with the investigation at the request of the local department with primary responsibility for investigation.

M. When an investigation extends into the jurisdiction of another local department, the local department in the other jurisdiction shall assist with the investigation at the request of the local department with primary responsibility for the investigation.

N. When the local department receives information on suspicious deaths of adults, the local department shall immediately notify the appropriate medical examiner and law enforcement.

Statutory Authority

§§ 51.5-131 and 51.5-148 of the Code of Virginia; 42 USC § 1397(3).

Historical Notes

Former 22VAC40-740-21, derived from Virginia Register Volume 23, Issue 10, eff. March 1, 2007; amended and renumbered as 22VAC30-100-20, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; Volume 37, Issue 19, eff. June 9, 2021.

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