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§ 10225.304. Provision of services; access to records and persons

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 58. Older Adults Protective Services Act (Refs & Annos)
Chapter 3. Administration
35 P.S. § 10225.304
Formerly cited as PA ST 35 P.S. § 10214
§ 10225.304. Provision of services; access to records and persons
Currentness
(a) Availability of protective services.--The agency shall offer protective services under any of the following conditions:
(1) An older adult requests such services.
(2) Another interested person requests such services on behalf of an older adult.
(3) If, after investigation of a report, the agency determines the older adult is in need of such services.
(b) Consent by request.--Except as provided in section 307,1 an individual shall receive protective services voluntarily. In no event may protective services be provided under this chapter to any person who does not consent to such services or who, having consented, withdraws such consent, unless such services are ordered by a court, requested by a guardian of the older adult or provided under section 307. Nothing in this chapter shall prevent the agency from petitioning for the appointment of a guardian pursuant to Title 20 of the Pennsylvania Consolidated Statutes (relating to decedents, estates and fiduciaries).
(c) Interference with services.--If any person interferes with the provision of services or interferes with the right of an older adult to consent to provision of services, the agency may petition the court for an order enjoining such interference.
(d) Access to records.--The agency shall have access to all records relevant to:
(1) Investigations of reports under section 303.2
(2) Assessment of client need.
(3) Service planning when an older adult's need for protective services has been or is being established.
(4) The delivery of services arranged for under the service plan developed by the agency to respond to an older adult's assessed need for specific services.
(e) Access to persons.--The agency shall have access to older persons who have been reported to be in need of protective services in order to:
(1) Investigate reports under section 303 and Chapter 7.3
(2) Assess client need and develop a service plan for addressing needs determined.
(3) Provide for the delivery of services by the agency or other service provider arranged for under the service plan developed by the agency.
(f) Denial of access to persons.--If the agency is denied access to an older adult reported to be in need of protective services and access is necessary to complete the investigation or the client assessment and service plan, or the delivery of needed services in order to prevent further abuse, neglect, exploitation or abandonment of the older adult reported to be in need of protective services, the agency may petition the court for an order to require the appropriate access when either of the following conditions apply:
(1) The caretaker or a third party has interfered with the completion of the investigation or the client assessment and service plan or the delivery of services.
(2) The agency can demonstrate that the older adult reported to be in need of protective services is denying access because of coercion, extortion or justifiable fear of future abuse, neglect, or exploitation or abandonment.
(g) Access by consent.--The agency's access to confidential records held by other agencies or individuals and the agency's access to an older adult reported to be in need of protective services shall require the consent of the older adult or a court-appointed guardian except as provided for under this section or section 307.
(h) Denial of access to records.--If the agency is denied access to records necessary for the completion of a proper investigation of a report or a client assessment and service plan, or the delivery of needed services in order to prevent further abuse, neglect, exploitation or abandonment of the older adult reported to be in need of protective services, the agency may petition the court of common pleas for an order requiring the appropriate access when either of the following conditions apply:
(1) The older adult has provided written consent for any confidential records to be disclosed and the keeper of the records denies access.
(2) The agency can demonstrate that the older adult is denying access to records because of incompetence, coercion, extortion or justifiable fear of future abuse, neglect, exploitation or abandonment.

Credits

1987, Nov. 6, P.L. 381, No. 79, § 7 (35 P.S. § 10217). Renumbered as § 304 and amended by 1996, Dec. 18, P.L. 1125, No. 169, § 4, effective in 90 days. Amended 1997, June 9, P.L. 160, No. 13, § 2, effective in 180 days.

Footnotes

1
35 P.S. § 10225.307.
2
35 P.S. § 10225.303.
3
35 P.S. § 10225.701 et seq.
35 P.S. § 10225.304, PA ST 35 P.S. § 10225.304
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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