Protecting Adult's Rights
Providing protective services to adults presents some special challenges for social workers in the Department of Health and Human Resources that are unique to this population. While DHHR is mandated by state law to assure the protection of vulnerable and incapacitated adults and facility residents, it is important to assure that the individual's rights, as guaranteed under the Fourteenth Amendment of the United States Constitution and the West Virginia Constitution, are not infringed upon unnecessarily.
Because of these considerations, a distinction must be made between the investigation phase of Adult Protective Services provided by DHHR and the case management phase of intervention. When a report of abuse, neglect or exploitation of an incapacitated adult or facility resident is received by the Department of Health and Human Resources, and scheduled for investigation, the investigation is mandatory and can not be refused by the alleged victim, caregiver or others. After the investigation is completed , however, an adult who has decision-making capacity has the option of accepting or refusing services that may be offered. This right to refuse relates to the case management component of Adult Protective Services and other supportive services that are offered after the initial investigation is completed. It does not apply to the Adult Protective Services investigation.
After completion of the Adult Protective Services investigation, Adult Protective Services provided by DHHR are primarily case management in nature and short-term. The APS social worker's role is two-fold. First, they will identify appropriate services and supports necessary to eliminate the abuse or neglect and prevent a re-occurrence. Second, they will link the adult and/or others with those supports and services. In carrying out these tasks, the social worker must balance the adult's need for assistance with the need to ensuring the highest degree of autonomy and self-determination possible for the adult. Meeting all these requirements frequently calls for maintaining a delicate and skillful balance.
