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§ 10210.304. Provision of 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. § 10210.304
§ 10210.304. Provision of services
Currentness
(a) Availability of protective services.--Once need is determined, an agency shall offer protective services if an adult requests services or an interested person requests services on behalf of an adult.
(b) Consent by request.--
(1) Except as provided in section 307,1 an adult shall only receive protective services voluntarily. In no event may protective services be provided under this chapter to an adult who refuses consent to the services or who, having consented, withdraws the consent, unless the services are ordered by a court or provided under section 307.
(2) Nothing in this chapter shall be construed to prevent an agency from petitioning for the appointment of a guardian pursuant to 20 Pa.C.S. (relating to decedents, estates and fiduciaries).
(c) Interference with services.--If any person interferes with the provision of services or the right of an adult to consent to provision of services, the agency may petition the court for an order enjoining the interference.
(d) Access to records.--An agency shall have access to all records relevant to:
(1) Investigations of reports under section 303.2
(2) Assessment of client need.
(3) Development of a service plan when an adult's need for protective services has been or is being established.
(4) Delivery of services arranged for under the service plan developed by the agency to respond to an adult's assessed need for specific services.
(e) Access to persons.--An agency shall have access to adults who have been reported to be in need of protective services in order to:
(1) Investigate reports under section 303 and Chapter 5.3
(2) Assess needs and develop a service plan for addressing them.
(3) Provide for the delivery of services by the agency or other service provider arranged for under the service plan.
(f) Denial of access to persons.--If the agency is denied access to an adult reported to be in need of protective services and access is necessary to complete the investigation or the assessment and service plan or the delivery of needed services in order to prevent further abuse, neglect, exploitation or abandonment of the adult, the agency may petition the court for an order to require the appropriate access when either of the following conditions apply:
(1) The caregiver or a third party has interfered with the completion of the investigation or the assessment and service plan or the delivery of services.
(2) The agency can demonstrate that the adult denies access because of coercion, extortion or justifiable fear of further abuse, neglect, exploitation or abandonment.
(g) Access by consent.--An agency's access to confidential records held by other entities or individuals or an adult reported to be in need of protective services shall require the consent of the 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 completion of a proper investigation of a report, assessment, service plan or the delivery of needed services in order to prevent further abuse, neglect, exploitation or abandonment of the 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 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 adult denies access to records because of incompetence, coercion, extortion or justifiable fear of future abuse, neglect, exploitation or abandonment.

Credits

2010, Oct. 7, P.L. 484, No. 70, § 304, effective in 6 months [April 7, 2011].

Footnotes

1
35 P.S. § 10210.307.
2
35 P.S. § 10210.303.
3
35 P.S. § 10210.501 et seq.
35 P.S. § 10210.304, PA ST 35 P.S. § 10210.304
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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