Adult Protective Services — commonly called APS — is a government agency that investigates reports of abuse, neglect, and exploitation of vulnerable adults including older adults and adults with disabilities. Every state in the United States has an Adult Protective Services program and in most states APS is the primary agency responsible for responding to reports of elder abuse and self-neglect.
Understanding what Adult Protective Services does, when to contact them, and what to expect from the process can help families and concerned individuals take appropriate action when a vulnerable adult may be at risk.
What Adult Protective Services does
Adult Protective Services investigates reports of abuse, neglect, and exploitation of vulnerable adults and arranges for services and interventions to protect their safety and wellbeing. Core APS functions include:
- Receiving and screening reports — APS receives reports of suspected abuse, neglect, or exploitation and determines whether the report meets the criteria for investigation
- Investigating reports — APS caseworkers conduct investigations which typically involve visiting the alleged victim, interviewing relevant parties, and assessing the situation
- Assessing risk and needs — APS evaluates the level of risk to the vulnerable adult and identifies their needs for services and support
- Arranging services — APS connects vulnerable adults with services that address their safety and wellbeing including home care, medical care, mental health services, legal assistance, and emergency shelter
- Coordinating with other agencies — APS works with law enforcement, healthcare providers, legal agencies, and community organizations to protect vulnerable adults
- Emergency intervention — in situations of immediate danger APS can arrange for emergency protective services including emergency placement in a safe setting
Who APS serves
While APS programs vary by state they generally serve:
- Adults aged 60 or 65 and older depending on the state
- Adults of any age with physical or mental disabilities that limit their ability to protect themselves
- Adults who are unable to manage their own affairs due to cognitive impairment
Some states have separate APS programs for older adults and adults with disabilities while others have a single program that serves both populations.
Types of cases APS investigates
APS investigates a wide range of situations involving vulnerable adults including:
- Physical abuse — intentional use of physical force causing pain, injury, or impairment
- Emotional or psychological abuse — verbal or nonverbal behavior causing mental anguish or distress
- Sexual abuse — non-consensual sexual contact or behavior
- Financial exploitation — unauthorized or improper use of a vulnerable adult’s money, property, or assets
- Neglect by a caregiver — failure of a caregiver to provide basic necessities such as food, water, shelter, medical care, or personal hygiene assistance
- Self-neglect — when a vulnerable adult fails to care for themselves in a way that threatens their health or safety — this is one of the most common types of cases APS handles
- Abandonment — desertion of a vulnerable adult by a caregiver
How to make a report to APS
Anyone who suspects that a vulnerable adult is being abused, neglected, or exploited can make a report to APS. You do not need proof — a reasonable suspicion is sufficient to make a report.
To make a report:
- Contact your state or local APS agency directly. Contact information for APS agencies in every state is available through the National Adult Protective Services Association at napsa-now.org.
- Call the Eldercare Locator at 1-800-677-1116 to be connected with APS and other services in your area
- In an emergency call 911
Reports can typically be made by phone and in many states online. Most APS agencies accept reports 24 hours a day seven days a week.
Are reports to APS confidential
Reports to APS are generally kept confidential. The identity of the person making the report is typically protected by law and is not disclosed to the alleged abuser. In most states APS is required to maintain the confidentiality of both the reporter and the information gathered during the investigation.
Mandatory reporting
Many states have mandatory reporting laws that require certain professionals to report suspected abuse, neglect, or exploitation of vulnerable adults to APS. Mandatory reporters typically include:
- Healthcare providers such as physicians, nurses, and social workers
- Mental health professionals
- Law enforcement officers
- Long term care facility staff
- Financial institution employees in some states
Mandatory reporters who fail to report suspected abuse may face legal penalties. However anyone — not just mandatory reporters — can and should report suspected abuse of a vulnerable adult.
What happens after a report is made
After a report is received APS screens it to determine whether it meets the criteria for investigation. If it does a caseworker is assigned and the investigation typically begins within a set timeframe — often within 24 hours for emergencies and within a few days for non-emergency situations.
During the investigation the APS caseworker will typically:
- Visit the alleged victim to assess their safety and wellbeing
- Interview the alleged victim privately if possible
- Interview other relevant parties including caregivers, family members, neighbors, and healthcare providers
- Review relevant records
- Assess the level of risk and the need for services
At the conclusion of the investigation APS makes a determination about whether abuse, neglect, or exploitation has occurred and develops a plan to address the vulnerable adult’s safety and service needs.
What APS can and cannot do
APS has significant authority to investigate reports and arrange services but there are limits to what APS can do:
APS can:
- Investigate reports of abuse, neglect, and exploitation
- Arrange for protective services and connect vulnerable adults with community resources
- Petition a court for emergency protective orders in situations of immediate danger
- Refer cases to law enforcement for criminal investigation
- Petition for guardianship or conservatorship in some circumstances
APS generally cannot:
- Force a mentally competent adult to accept services they do not want
- Remove a person from their home without court authority except in emergency situations
- Provide ongoing case management or long term services directly in most states
Self-neglect and APS
Self-neglect — when a vulnerable adult fails to provide for their own basic needs — is one of the most complex and challenging situations APS deals with. Self-neglect cases often involve adults who are mentally competent and have the right to make their own decisions even if those decisions put them at risk.
APS must balance the individual’s right to self-determination with the need to protect their safety. In most cases APS can only intervene to the extent that the person accepts services voluntarily unless a court finds that the person lacks the mental capacity to make their own decisions.
Key terms to know
- Adult Protective Services — APS — a government agency that investigates reports of abuse, neglect, and exploitation of vulnerable adults
- Vulnerable adult — an older adult or adult with a disability who may be at risk of abuse, neglect, or exploitation
- Self-neglect — when a vulnerable adult fails to provide for their own basic needs
- Mandatory reporter — a person required by law to report suspected abuse of a vulnerable adult
- Financial exploitation — unauthorized use of a vulnerable adult’s money or assets
- Emergency protective services — immediate intervention to protect a vulnerable adult in imminent danger
- Self-determination — the right of a competent adult to make their own decisions even if others disagree with those decisions
Sources
- National Adult Protective Services Association — napsa-now.org
- Administration for Community Living — eldercare.acl.gov
- Centers for Disease Control and Prevention — Elder Abuse
- USA.gov — Elder Abuse
This article is for general informational purposes only and does not constitute legal advice. APS programs and procedures vary by state. Contact your local APS agency or call the Eldercare Locator at 1-800-677-1116 for information specific to your area.