2008 Confidentiality of Reporter and APS Records | APS-5500-MANUAL
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Georgia Division of Aging Services |
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Chapter: |
2000 APS Reports and Opening Cases |
Effective Date: |
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Section Title: |
Confidentiality of Reporter and APS Records |
Reviewed or Updated in: |
MT 2019-04 |
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Section Number: |
2008 |
Previous Update: |
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Summary Statement
Adult Protective Services (APS) keeps report details and the names of persons who report abuse, neglect, and exploitation confidential. The information is not disclosed to APS clients, family members of APS clients, the public, or other agencies, except in accordance with O.C.G.A. § 30-5-7 and § 30-5-11.
Basic Considerations
Reasonable access to APS records shall be given to Prosecuting Attorneys; Law Enforcement; Agencies participating in joint investigation; Coroners or Medical Examiners; and Members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team (A/N/E MDT) established under O.C.G.A § 30-5-11. Reporter’s name and identifying information shall be redacted from records released to anyone other than law enforcement or the district attorney or pursuant to a court order for unredacted records.
Individuals who have made a report that has been accepted for investigation may request information from APS pertaining to the status of said investigation (i.e. whether the investigation is still open or has been closed). Once a request has been made APS will respond in writing within 5 business days. No information other than the investigation status shall be released.
Procedures
Request from Reporter for Case Status Information
When APS Central Intake (CI) receives a request for investigation status, from the reporter or reporting agency of a specific APS investigation, Central Intake shall immediately:
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provide verbal confirmation;
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document the request in the electronic data system;
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generate a letter indicating investigation status; and
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forward the letter and information regarding the request to designated APS staff for mailing.
Request made by A/N/E MDT Members
Caller shall be directed to address request to the APS representative on the A/N/E MDT. Central Intake will notify District Supervisor and/or District Manager of the request
Records Request by Subpoena or Court Order
All Subpoenas and Court Orders must be routed to the Associate General Counsel, no later than one business day from date of receipt. Refer to MAN 5600, section 1010.
Callers requesting copies of APS records shall be informed of APS confidentiality rules found within this policy section. If the caller persists, they shall be directed to the DHS Open Records Officer (Openrecords2@dhs.ga.gov) to make a formal request.
Request for Investigator’s name and contact information:
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The reporter or reporting agency who initiated an APS report shall be given the name and contact information of the APS Investigator assigned to said investigation;
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CI shall ask callers who have not previously made a report regarding the adult in question if they have information pertaining to A/N/E of a vulnerable adult. If yes, the caller shall be encouraged to make an A/N/E report. If the call does not wish to make a report CI will request the name and contact information of the caller. This information shall be passed on to the APS Investigator and the caller shall be contacted as a potential non-reporter collateral interview.
| All request shall be documented in the electronic case management system. |