Unit 3: Investigation Process
Investigation Process
and Rights of Reporters and Accused
CONTENTS:
UNIT INTRODUCTION AND LEARNING OBJECTIVES |
It is clearly spelled out in the regulations that the alleged victim, reporter of alleged abuse and the alleged abuser have rights. Also, the steps to be taken in an investigation are described, as is the guarantee of access of Area Agencies on Aging to victims and records.
By the end of the Unit, you should be able to:
- Identify the rights and responsibilities of AAA in initiation and investigation.
- Identify the rights of the alleged perpetrator.
- Identify the rights of the alleged victim.
- Read the narrative section.
- Refer to Section 10225.303 and Section 10225.308.
- Review the case management flow chart.
- Take the Self Check Quiz.
- Check your answers to the Quiz at the end of the unit.
INVESTIGATION OF REPORTS (35 P.S. § 10225.303)
Every report that an AAA receives must be investigated to determine if the older person named in the report (victim) is in need of protective services (substantiated report) or is not in need of protective services (unsubstantiated report).
The Act guarantees access of AAAs to victims (35 P. S. § 10225.304(e)) and to victims’ records (35 P.S. § 10225.304(d)). If anyone interferes with access to the victim or to pertinent records, the AAA can request a court order requiring access (35 P.S. § 10225.304(f) and (h)).
If the investigation substantiates the need for protective services, a written client ‘needs assessment’ must be prepared and services must be offered. The older person has the right to refuse services (35 P.S. § 10225.304(b)).
In an emergency, the AAA can request a court order to provide protective services without the consent of an older person. For a situation to be deemed an emergency, there must be clear and convincing evidence that the older adult is at imminent risk of death or serious bodily harm if protective services are not provided (35 P.S. § 10225.307).
The following chart shows the process that occurs once a complaint of alleged abuse is taken.
Figure 1.
Case Management Flow Chart
Click on the image to see a larger version
RIGHTS OF ALLEGED VICTIMS (35 P.S. §10225.308(a))
OAPSA provides specific rights to victims of abuse. Victims can refuse to accept services offered by an AAA (35 P.S. § 10225.304(b)). A victim has the right to be told that someone has reported that he or she might be the victim of abuse, and need protective services to ensure safety and security. Victims may appeal to PDA any denial of services by an AAA.
RIGHTS OF ALLEGED PERPETRATORS (35 P.S. § 10225.308(b))
The alleged perpetrator or alleged abuser is entitled to be notified and given a summary of the allegations substantiated concerning him or her; see. R. v. Com., Dept. of Public Welfare, 636 A. 3d 142 (Pa. 1994, citing, Paul v. Davis, 424 U.S. 693, 96 S. Ct. 1155 (1976)).
An alleged abuser has the right to challenge the findings of an AAA’s investigation by filing an appeal with PDA. 6 Pa. Code Chapter 3 describes the informal appeal process and 1 Pa. Code Chapter 35 describes the formal appeal process.
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