West Virginia Bureau for Children and Families
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Page Modified: Tuesday, November 25, 2008

Eligibility

Adult Protective Services provided by the Department of Health and Human Resources involves two distinct phases. These are: a) investigation and assessment of risk and b) short-term case management. With the exception of age of the alleged victim, there is no eligibility criteria applied to the investigation phase.

Adult Protective Services

In order to be eligible to receive Adult Protective Services case management, the individual must meet all four (4) of the following criteria simultaneously. The determination as to whether these criteria are met or not, is made based on the information gathered and the conclusions drawn during the investigation phase of Adult Protective Service intervention. The four criteria are:

  1. The individual must be eighteen (18) years of age or older or if under the age of eighteen, must be legally emancipated.
  2. The adult must be functionally disabled due to his/her physical or mental disabilities.
  3. The adult is determined to have been neglected or abused or is in probable danger of being neglected or abused through action or inaction, intentional or unintentional, of his/her own volition or of the volition of another person.
  4. The adult is 1) excluding the perpetrator, alone or without an interested person(s) who is able and willing to provide the needed support/services to alleviate the underlying problem(s) or presenting problem(s) or 2) is in a care facility.

Whenever all four (4) of the criteria listed above are present, an Adult Protective Service situation will be substantiated and a case opened for Adult Protective Services. Case management under Adult Protective Services may be provided for up to six (6) months.

APS Preventive Services

In some situations, findings during the investigative phase of Adult Protective Services intervention indicate that, while all four (4) of the eligibility criteria are not met, it is probable that the situation will develop into a full Adult Protective Service situation without the provision of some intervention. In these instances, the adult may be eligible to receive case management from the Department of Health and Human Resources under APS Preventive Services. In order to be eligible to receive APS Preventive Services, the referral must come through the Adult Protective Services intake process and the individual must meet at least criteria "1" and criteria "2" of the four (4) Adult Protective Services eligibility criteria. The determination as to whether these criteria are met or not, is made based on the information gathered and the conclusions drawn during the investigation phase of Adult Protective Service intervention The criteria are:

  1. The individual must be eighteen (18) years of age or older or if under the age of eighteen, must be legally emancipated.
  2. The adult must be functionally disabled due to his/her physical or mental disabilities.
  3. The adult is determined to have been neglected or abused or is in probable danger of being neglected or abused through action or inaction, intentional or unintentional, of his/her own volition or of the volition of another person.
  4. The adult is 1) excluding the perpetrator, alone or without an interested person(s) who is able and willing to provide the needed support/services to alleviate the underlying problem(s) or presenting problem(s) or 2) is in a care facility.

Whenever at least the two (2) required criteria listed above are present, a case may be opened for APS Preventive Services. Case management under APS Preventive Services may be provided for up to three (3) months.

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