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§ 10225.308. Individual rights

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. § 10225.308
Formerly cited as PA ST 35 P.S. § 10221
§ 10225.308. Individual rights
Currentness
(a) Rights of protective services clients.--The agency shall observe the following minimum requirements to safeguard the rights of an older adult who is reported to be in need of protective services:
(1) The agency shall discreetly notify the older person during the investigation that a report has been made and shall provide the person with a brief summary of the nature of the report.
(2) As provided under section 306(b)(3),1 the older adult may request, and the agency shall provide, additional information contained in the report.
(3) Any denial of services by the department or an authorized agency under this chapter may be appealed according to the provisions of the rules and regulations issued by the department under Article XXII-A of the act of April 9, 1929 (P.L. 177, No. 175),2 known as The Administrative Code of 1929.
(4) Nothing in this act shall limit the right of any older person to file a petition pursuant to the act of October 7, 1976 (P.L. 1090, No. 218),3 known as the Protection From Abuse Act.
(b) Rights of alleged abusers.--An individual who is alleged in a protective services report to be a perpetrator of the abuse, neglect, exploitation or abandonment of an older adult shall be entitled to the following if the report is substantiated by the agency:
(1) Such an individual shall be notified by the agency at the conclusion of the investigation of the report that allegations have been made and shall be given a brief summary of the allegations.
(2) As provided under section 306(b)(3), the alleged perpetrator may request, and the agency shall provide, additional information contained in the report.
(3) An alleged perpetrator is entitled to file an appeal with the department under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) to challenge the agency's finding resulting from the investigation of a report made under section 303.4

Credits

1987, Nov. 6, P.L. 381, No. 79, § 11 (35 P.S. § 10221). Renumbered as § 308 and amended by 1996, Dec. 18, P.L. 1125, No. 169, § 4, effective in 90 days.

Footnotes

1
35 P.S. § 10225.306.
2
71 P.S. § 581-1 et seq.
3
35 P.S. § 10181 et seq. (repealed); see 23 Pa.C.S.A § 6101 et seq.
4
35 P.S. § 10225.303.
35 P.S. § 10225.308, PA ST 35 P.S. § 10225.308
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document