MB-AASA/AAA-HCS/DDD/RCS-01-35
MANAGEMENT BULLETIN
TO: Area Agency on Aging (AAA)
Directors
Home and Community
Services (HCS) Regional Administrators
SUBJECT: IMPLEMENTATION
OF SSB 5184 – ADDITIONAL NOTIFICATION BY APS
As a result of legislation during the 2001 session,
chapter 74.34 RCW has been modified to allow the department to share APS
investigation results with an agency/program employing the perpetrator of the
substantiated abuse, neglect, financial exploitation or abandonment.
Additionally, the department is now required to notify the perpetrator of the
outcome of these specific investigations.
This
Management Bulletin describes the procedures for notification of the employer
and the perpetrator. This notification
is in addition to all other notifications of investigation findings.
When
an employee, contractor or volunteer of an agency/program providing care to a
vulnerable adult is found to have abused, neglected, financially exploited or
abandoned their client:
1.
APS
will generate a written APSAS Outcome Report containing the name of the
vulnerable adult and perpetrator. Do not disclose the identity of the person
who made the report or any witnesses without the written permission of the
reporter or witness.
2.
After
the APS Program Manager or Supervisor reviews and approves the Outcome Report,
send it certified mail return receipt requested or fax it (see attached
Template #1) to a pre-identified contact person within the agency/program for
whom the perpetrator is employed, contracted or serving as a volunteer, as
follows:
a.
Effective
immediately, share Outcome Reports with
·
home
health agencies,
·
hospice
agencies,
·
home
care agencies.
b.
After
January 1, 2002, share Outcome Reports with
·
any
in-home services agency licensed under chapter 70.127 RCW,
·
programs
authorized under chapter 71A.12 RCW,
·
adult
day care or day health programs,
·
regional
support networks authorized under chapter 71.24 RCW,
·
other
licensed or certified agencies.
3.
File
a copy of the cover letter/fax transmittal sheet, Outcome Report and the
certified mail receipt/fax receipt in Section 2 of the APS file.
At
the same time an Outcome Report is shared with an employing agency/program per
#II above, the perpetrator of the substantiated abuse, neglect, financial
exploitation or abandonment shall be notified of the outcome of the
investigation, as follows:
1. Create a notification letter informing the perpetrator of the date of the incident and the substantiation of abuse, neglect, financial exploitation or abandonment. (See attached Template #2). The name of the vulnerable adult shall not be disclosed to the perpetrator.
2. After the APS Supervisor reviews and signs the letter, send it certified mail return receipt requested and regular mail to the perpetrator’s last known home address, with a cc to the agency/program. During the course of the investigation ascertain the home address of the perpetrator from the perpetrator or their agency/program employer.
3.
File a copy of
the letter and the certified mail receipt in Section 2 of the APS file. If either letter is returned undelivered,
file it in Section 2 of the APS file.
IV. Response to Notification
There may be occasions when the perpetrator provides new information
following the completion of an investigation (e.g., the perpetrator had refused
to be interviewed during the investigation).
If this happens:
1.
The APS
Investigator will consider new information submitted in writing by the
perpetrator in response to the initial notification letter. In consultation with the Supervisor, the APS
Investigator will determine whether or not the new information will alter the
outcome of the investigation.
2.
Within 10 calendar days of the receipt of written
information, the APS Supervisor will send a “second notification” letter (see
attached Template #3) to the perpetrator via certified mail return receipt
requested and regular mail with a cc to the agency/program. File
a copy of the letter and the certified mail receipt in Section 2 of the APS
file. If either letter is returned
undelivered, file it in Section 2 of the APS file.
3.
If the
disposition is changed to “unsubstantiated” or “insufficient evidence” as a
result of the new information, generate a revised Outcome Report, label it
“Amended” and send it with a cover letter (see attached Template #4) to whoever
received the initial investigation report.
Retain a copy of the Amended Outcome Report and cover letter in the APS
file.
Address
questions to: Lori Melchiori, Program
Manager
Home and Community Programs
Phone: (360) 725-2531
E-mail: melchl@dshs.wa.gov
_____________________________
Penny Black, Director
Home and Community Services
Division
Perpetrator notice letter
(Template #2)
Perpetrator second
notice letter (Template #3)
Amended Outcome Report
cover letter (Sample Template #4)
SampleTemplate #1
(Letterhead)
CONFIDENTIAL
Date
Dear ,
After conducting an investigation, the Department of Social and Health Services has determined that one of your [employees, contractors or volunteers] [abused, neglected, financially exploited, abandoned] a vulnerable adult on or about [date], per the definition of [abuse, neglect, financial exploitation, abandonment] in Chapter 74.34 RCW: “[insert appropriate subpart of the specific definition].”
As permitted in Chapter 74.34 RCW, the department is sharing
the attached copy of the investigation report with you. Please take appropriate measures to protect
your clients. Do not disclose the names
of the victim, reporter or witnesses without their permission. Please call me at [phone number] if you have
questions about this information.
Sincerely,
APS
Program Manager
Home
and Community Services
Attachment: APS Outcome Report
cc: APS File
(letterhead)
Certified and Regular Mail
Substantiated Perpetrator
Address
Dear ,
After conducting an investigation, the Department of Social
and Health Services has determined that you [abused, neglected, financially
exploited, abandoned] a vulnerable adult on or about [date]. Your actions met
the definition of [abuse, neglect, financial exploitation, abandonment] in
Chapter 74.34 RCW: “[insert appropriate subpart of the specific definition].”
As specified in Chapter 74.34 RCW, neither the name of the
victim nor the reporter will be disclosed.
You do not have the right to an administrative hearing to dispute these
findings.
If you have new information related to this matter that you
have not already shared with an Adult Protective Services investigator, feel
free to write a letter summarizing it.
Please indicate your letter is in reference to Case ID #[ ].
Send your letter to me at [APS Office address] within 10 calendar days
of the receipt of this letter.
Sincerely,
APS
Program Manager
Home
and Community Services
cc: APS file
[Employer
Agency/Program]
Template #3
(Letterhead)
[Date]
Perpetrator
Address
Dear ,
The new information contained in your letter dated [ ], did not change the results of
the investigation. The Department of
Social and Health Services has determined that on or about [date] you [abused,
neglected, financially exploited, abandoned] a vulnerable adult. Your actions met the definition of [abuse,
neglect, financial exploitation, abandonment] in Chapter 74.34 RCW: “[insert
appropriate subpart of the specific definition].”
As specified in Chapter 74.34 RCW, neither the name of the
victim nor the reporter will be disclosed.
You do not have a statutory right to an administrative hearing to
dispute these findings.
----OR----
The new information contained in your letter dated [ ], altered the results of our
investigation. Thank you for providing
clarification. The records of the
Department of Social and Health Services pertaining to this investigation no
longer indicate that you [abused, neglected, financially exploited, abandoned]
a vulnerable adult on or about [date].
Sincerely,
APS
Program Manager
Home
and Community Services
cc: APS File
[Employer
Agency/Program]
Sample Template #4
(Letterhead)
Date
Employer Agency/Program
Dear ,
New information provided by [name of employee] has altered
the conclusion of our Adult Protective Services investigation. The enclosed amended Outcome Report replaces
the Outcome Report previously sent to you.
It has been determined that there is insufficient evidence
to find that [name of employee] [abused, neglected, financially exploited,
abandoned] a vulnerable adult on or about [date].
-or- It has been determined that the allegation of [abuse,
neglect, financial exploitation, abandonment] of a vulnerable adult on or about
[date] is unsubstantiated.
Sincerely,
APS
Program Manager
Home
and Community Services
cc: APS File