PROTECTIVE SERVICES
What are Protective Services for Older Adults?
Protective Services are those activities authorized under Penna. Law Act 79 "Older Adult Protective Services Act" to detect, prevent, reduce, or eliminate abuse, neglect, exploitation, and abandonment of persons 60 years of age or older. Programs such as Protective Services have provided a basis for expanded relationships with the county's judicial, law enforcement, and legal systems. Grants with the County’s District Attorney’s Office and Temple University have provided a unique relationship in team problem solving to reduce risk to older Berks Countians. Agency staff participates on the Domestic Violence Task Force to develop educational programs for community groups.
There are three specific aspects to Protective Services:
1. Reporting
2. Investigation
3. Care Management
Who is eligible for Protective Services?
The following criteria must be met before a person can be served under Protective Services.
1. Age - The preson must be at least 60 years of age.
2. Incapacity - The person must not be able to perform or secure services that are necessary to maintain physical or mental health.
3. No Responsible Caregiver - If a person has a caregiver capable and willing to perform or secure services in a non-abusive manner, then that person may not be appropriate for Protective Services. The caregiver would be expected to protect the incapacitated adult.
4. Imminent Risk - There must be an imminent risk to the older person's health or property. Persons with less urgent needs should seek help through our care management system. Any case of physical or sexual abuse should be considered "imminent risk."
What constitutes the need for "Protective Services"?
Abuse
- Infliction of an injury, unreasonable confinement/imprisonment; intimidation or a punishment resulting in physical harm, pain, or mental anguish. The willful deprivation of goods/ services which are necessary for the person's physical or mental health. Sexual harassment, rape or abuse as defined in the Protection From Abuse Act.
Desertion - Desertion of an older adult by a caregiver. The willful failure without just cause by a responsible caregiver to provide for the care and protection of an older adult who is in need of protective services.
Exploitation - An act or course of conduct by a caregiver or other person against an older adult or an older adult's resources, without the informed consent of the older adult or with consent obtained by misrepresentation, coecion, or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the older adult.
Neglect - The failure to provide for oneself or the failure of a caregiver to provide goods or services essential to avoid a clear and serious threat to physical or mental health. An older adult who does not consent to the provision of protective services will not be found to be neglected solely on the grounds of environmental factors which are beyond the control of the older adult or the caregiver, such as inadequate housing, furnishings, income, clothing or medical care.
->DEFINITIONS OF ABUSE AND NEGLECT<-
How do I report a problem?
Call our office at 610-478-6500 and ask for the Intake Department.
A report can be made 24 hours a day, 365 days a year.
On weekends and evenings our answering service will contact the on call protective service worker.
What information would be helpful?
Name, address, phone # of the person needing services (Directions if difficult to locate).
Information about physical health, self care skills (dressing, bathing, cooking), mental abilities (thinking and reasoning), environment, finances, and any informal help (neighbors, family, friends).
What if the person is in an institution?
Reports concerning people living in nursing homes, personal care boarding homes, mental hospitals, or mental retardation facilities are also investigated by our Protective Services Department.
Do I have to make a report by law?
Act 79 provides for "Voluntary Reporting". However in December of 1997 The Older Adult Protective Service Act was amended by Act 13, naming "Mandatory Reporters".
Reporters who act in good faith are immune from civil or criminal liability.
Although it is helpful to have the name and number of the reporter, the reporter may remain anonymous.
->DEFINITION OF ACT 13 MANDATORY REPORTERS<-
What happens after a report is given?
The intake worker will prioritize the report into one of four categories:
* Emergency - Immediate response
* Priority - 24 hour response
* Non-priority - 72 hour response
* No Need For Protective Services - No response
What is an "Investigation?"
An investigation of a report is NOT A CRIMINAL INVESTIGATION. The Protective Service investigator determines whether the allegations of abuse can be substantiated. The goal of Protective Services is to reduce or eliminate the risk of neglect, abuse, or financial exploitation to the older person.