Recommendation – Authority for APS and Law Enforcement to Access Records and Victims The TG recommends providing statutory authority to APS for access to the victim and any pertinent documentation, such as medical records, care plans, daily chart notes, and bank records. The TG further recommends modification of reporting requirements in statute to compel reporters to provide more detailed information and records necessary for law enforcement and APS to conduct a thorough investigation. Often, APS receives a report of mistreatment of an at-risk adult and while trying to conduct an investigation is blocked from receiving evidence needed to determine whether an allegation is substantiated or not. Other times, APS is prevented from seeing a client by the alleged perpetrator or facility staff. In the Federal Draft Guidelines for State APS Systems released in July 2015, the Administration for Community Living (ACL) recommends that states provide the APS program with statutory authority that clearly: Delineates the APS program’s authority to access alleged victims of mistreatment and to prevent another person’s interference in an APS case. This access should include the authority to conduct a private interview with the alleged victim. Delineates the APS program’s authority to access documents from individuals and institutions for the purpose of investigating alleged maltreatment. The access should include the power of APS to subpoena records. Delays in getting access to a client or to pertinent records could lead to further mistreatment and poorer outcomes for that client. Currently, if law enforcement is not involved in a case, APS has no authority to compel access or documents. Approximately 45% of all types of alleged mistreatment for APS is self-neglect. Law enforcement is not involved with cases alleging selfneglect, unless there are allegations of abuse, neglect, or exploitation in addition to the selfneglect. In many other cases, law enforcement does not investigate the possible criminal activity. The TG believes that it is critical to provide APS this statutory authority to ensure that full access to evidence and victims is available when law enforcement is not involved. *Note: this paragraph needs further development, but this begins to lay out the recommendation explanation related to LE: Law enforcement finds similar problems in that some mandatory reporters will call to make the required report but refuse to provide critical evidence and information for law enforcement to begin an investigation because the statute does not provide enough authority to compel the sharing of critical information. The TG recommends statutory updates to further delineate the information to be provided by the reporter.

Comment [1]: I would like to add this to the last meeting agenda. I think this would fit in the “conforming statute changes” charge of the task group.