Home Table of Contents

§ 10210.303. Investigations of reports of need for protective services

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 7, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 57. Adult Protective Services Act (Refs & Annos)
Chapter 3. Administration (Refs & Annos)
Effective: April 7, 2011
35 P.S. § 10210.303
§ 10210.303. Investigations of reports of need for protective services
Currentness
(a) Investigation.--
(1) An agency shall investigate each report made under section 302.1
(2) The investigation shall be initiated immediately for a priority report, and, to the extent feasible, the agency shall conduct a face-to-face interview with the reported adult in need of protective services.
(3) The investigation shall be initiated within 72 hours for a nonpriority report.
(4) The department shall adopt regulations providing for the methods of conducting investigations under this section and shall assure that steps are taken to avoid any conflict of interest between the investigator and service delivery functions.
(5) Reports and investigations conducted under this section shall comply with the provisions of Chapter 5, where applicable.
(b) Investigation involving licensed facilities.--
(1) A report concerning adults residing in a State-licensed facility shall be reported to the appropriate State licensing department and investigated under procedures developed by the department in consultation with the bureau responsible for the licensure of the facility.
(2) The protective services agency may seek judicial relief to require the facility to protect the health and safety of the adult when the licensed program is believed to continue to jeopardize the adult's health and safety through evidence of risk substantiated.
(c) Unsubstantiated reports.--If after investigation by the agency a report is unsubstantiated, the case shall be closed, and all information shall be maintained for a period of one year under procedures established by the department.
(d) Substantiated reports.--
(1) The agency shall provide for a timely assessment of the adult if a report is substantiated by the agency or if an assessment is necessary in order to determine whether the report is substantiated. An adult may refuse the assessment.
(2) Upon completion of the assessment, written findings shall be prepared that include recommended action. A service plan shall be developed and shall:
(i) Provide for the least restrictive alternative and encourage choice and continuity of care.
(ii) Assure that services and supports are provided in the most integrated setting.
(iii) Absent a court order, not include the relocation of the adult unless the adult consents.
(iv) Be written in plain language whenever possible and prepared in a manner which can be easily understood by an adult in need of protective services or that adult's appointed guardian.
(v) Be in writing and include a recommended course of action that may include the pursuit of civil or criminal remedies.
(3) If an adult who is found to be in need of protective services refuses an assessment or the development of a service plan, the agency may apply to the case the provisions of section 307.2

Credits

2010, Oct. 7, P.L. 484, No. 70, § 303, effective in 6 months [April 7, 2011].

Footnotes

1
35 P.S. § 10210.302.
2
35 P.S. § 10210.307.
35 P.S. § 10210.303, PA ST 35 P.S. § 10210.303
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document