3008 Law Enforcement | APS-5500-MANUAL
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Georgia Division of Aging Services |
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Chapter: |
3000 Investigation and Assessment |
Effective Date: |
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Section Title: |
Law Enforcement |
Reviewed or Updated in: |
MT 2019-04 |
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Section Number: |
3008 |
Previous Update: |
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Summary Statement
When there is substantiation (preponderance of evidence that A/N/E is present), these facts shall immediately be sent via a written report to the appropriate Law Enforcement authority or District Attorney (which from here on shall be referred to as Law Enforcement). The Disabled Adult Abuse Report (DAAR) shall be sent if there is reasonable evidence of A/N/E anytime during APS involvement (Investigation and/or On-going Services) with a client. Adult Protective Services (APS) will also work closely and cooperatively with law enforcement to ensure the safety of both the APS client and worker.
Basic Considerations
All reports of A/N/E, with the exception of self-neglect/self-abuse, shall be forwarded to local law enforcement by the APS Case Manager upon receipt of a report. Substantiated reports of A/N/E, excluding self-neglect/self-abuse will also be reported to Law Enforcement along with case findings.
Confidentiality of APS records does not prohibit law enforcement from having access to APS records when conducting an investigation into any criminal offense in which a disabled adult or elder person is a victim.
Request by law enforcement for an APS record shall be sent on official letterhead to the reporting case manager.
Procedures
The Disabled Adult Abuse Report (DAAR) shall be used for reporting substantiated reports of A/N/E.
Completing the DAAR
Law Enforcement reports contain:
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the name of the client and basic identifying information (gender, age, dob, etc.)
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the name(s) of the APS case manager(s) for the case and contact information (note: if one CM investigates and another will provide on-going services, both names must appear on the report)
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the date/time period of the investigation
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the allegations at the time of APS intake
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the case manager’s findings
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attachments (e.g. copies of bank statements) that provide forensic evidence obtained during the investigation
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names of witnesses with contact information
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the case findings on closed cases (if the client has accepted services, etc.)
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the name of the APS Supervisor and contact information
Investigations
The report to Law Enforcement must be completed and sent to the appropriate law enforcement jurisdiction or District Attorney’s office as soon as the allegation is substantiated but no later than the same date the investigation is closed.
Determination of findings, relevant information from collaterals or documentation (i.e. medical or bank records) received after the DAAR has been sent shall be forwarded to law enforcement as an addendum of the initial report.
Supervisor Approval
The supervisor shall review and approve all reports before they are submitted to law enforcement.
Transmitting Reports to Law Enforcement
Local APS staff shall communicate with local law enforcement officials to identify who will receive the reports and to standardize the protocol for submission.
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Name and contact information for the individual who will be responsible for receiving the DAAR;
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Preferred method of submission (i.e. email, fax, postal mail or hand delivery);
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Protocol for acknowledging receipt of reports; and
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Protocol for providing follow-up to APS prior to case closure.
Documentation
A corresponding case note in the electronic record must include a statement that a report was made to Law Enforcement and attach an electronic copy of the report to that note.
Special Circumstances
In cases where both the Case Manager and Supervisor have a strong belief that legal actions are warranted, the Case Manager shall call in a police report to the local authorities and the case number given at that time should be included in the Law Enforcement report.
On those cases where the Case Manager has taken the additional measure to call in a police report, the Case Manager shall follow up by the close of the Investigation with Law Enforcement to see if legal action has been taken against the alleged perpetrator(s).
Request for assistance from law enforcement may also be made when:
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unable to make an immediate face-to-face contact with a client whose health and safety may be at imminent risk;
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restricted access to the client;
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the report indicates the presence of weapons in the home;
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aggressive and/or violent behavior by the client or the alleged perpetrator is indicated in the intake report; or
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any situation where harm is believed to imminent.
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