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Adult Protective Services

Nationwide, it is estimated that, while 1 out of every 20 older Americans may be a victim of abuse, neglect or exploitation, only 1 out of every 8 cases is reported. In FY 2006, Fairfax County Adult Protective Services received 632 reports of alleged incidents of abuse, neglect or exploitation of elderly persons or adults with disabilities. Of the 632 reports investigated, 351 were found to require protective services. Of those, 63 were abuse cases, 239 were neglect cases (including self-neglect) and 49 were cases of exploitation. The remaining cases involved a combination of abuse, neglect and/or exploitation. Community awareness of adult abuse is critical for its prevention and for the safety and well-being of all vulnerable adults in our community.

What are Adult Protective Services?

These are services that the Department of Family Services is legally mandated* to provide for adults who are being abused, neglected or exploited and who are:

18 years or older and physically or mental disabilities, or
60 years or older.

Protective Services to adults consist of the receipt and prompt investigation of reports of suspected abuse, neglect and exploitation. They include assessing, documenting and identifying the adult's service needs, and providing case management services.

Adults receiving protective services may live in their own homes; live with relatives; or reside in nursing homes, assisted living facilities, hospitals or group home facilities.

*Under Section 63.2-1603 to 1610 of the Code of Virginia

What do the terms ABUSE, NEGLECT, and EXPLOITATION mean?

ABUSE means the willful infliction of physical pain, injury, or mental anguish; or unreasonable confinement. Examples include:

Improper use of physical restraints or medication.
Pushing, striking, or slapping.
Sexual coercion or assault.
Verbal berating, harassment or intimidation.

NEGLECT refers to nonexistent or insufficient care and support necessary to maintain a person's physical and/or mental health to the extent that his or her well-being is impaired or threatened. This may include:

Failing to provide safety precautions.
Leaving a vulnerable adult alone for long periods.
Failing to meet basic needs such as food, clothing, shelter, health or medical care.
Failure of a caregiver to seek medical care or follow medically prescribed treatment.
Self-neglect that threatens the adult's health or safety.

EXPLOITATION means the illegal use of an incapacitated adult's resources for another's profit or advantage. This includes:

Charging adults exorbitant prices for services or repairs.
Coercing the adult into signing contracts.
Stealing the adult's money or possessions.
Transferring, without authorization, the adult's property, savings or other resources.

Who reports suspected incidents of adult abuse, neglect or exploitation?

Anyone can report; however, mandated reporters are required by law to report suspected abuse, neglect, or exploitation of elderly persons or adults with disabilities immediately to Adult Protective Services (APS). Sexual abuse; death; serious bodily injury; or disease believed to be caused by abuse or neglect; and any criminal activity involving abuse or neglect that places the adult in imminent danger of death or serious bodily harm must be reported immediately to both APS and the local law enforcement agency.

Mandated reporters include:

Law enforcement officers.
Mental health professional.
Social workers.
Persons providing full-time or part-time care to adults for pay on a regular basis.
Persons who are employed by a public or private agency or facility and work with adults.
Physicians, including hospital residents and interns.
Any person licensed, certified, or registered by health regulatory boards listed in §54.1-2503 of the Virginia Code, except persons licensed by the Board of Veterinary Medicine.
Any guardian or conservator of an adult.
Any Emergency medical services personnel certified by the Board of Health pursuant to §32.1-111.5 of the Virginia Code.

Any financial institution that suspects that an adult customer has been exploited financially may report its concerns to APS. Visit the Virginia Department of Social Services Web site at www.dss.state.va.us/family/adultprotect.html for a Web-based training course: Mandated Reporters for Adult Abuse, Neglect and Exploitation.

What are the penalities for mandated reporters who do not report?

Failure to make a report by mandated reporters is punishable by a civil monetary penalty of not more than $500 for the first failure, and not less than $100 nor more than $1,000 for subsequent failures.

The Commissioner of the Virginia Department of Social Services determines and imposes the fine for all mandated reporters, except law enforcement. Adult Protective Services also refers matters as necessary to the appropriate licensing, regulatory or legal authority for administrative action or criminal investigation

What are the legal penalties for persons convicted of abuse or neglect?

Persons convicted of abuse or neglect of an incapacitated adult shall be guilty of a Class 1 misdemeanor. Persons convicted of a second or subsequent offense shall be guilty of a Class 6 felony.*

* Under Section 18.2-369 of the Code of Virginia

Protection for those reporting

Individuals reporting suspected abuse, neglect or exploitation are protected in two ways:

They are given immunity from civil and criminal liability if the report is made in good faith.
The identity of the person reporting, as well as the information gathered, is by law confidential and is not made available to the public.

To report suspected incidents of
neglect, abuse or exploitation of an adult, contact: