Statutory Basis for APS
There are laws on both the federal and state level designed to protect vulnerable adults from abuse and neglect. On the federal level the "Older American's Act of 1965", also know as Public Law 89-73, contains provisions regarding protection of vulnerable adults under Title VII.. This Title was created under the 1992 amendments to the Act and addresses the following:
- Long Term Care Ombudsman under Title VII (previously under Title III). [Chapter 2]
- Elder abuse, neglect and exploitation prevention programs (previously part of Title III). [Chapter 3]
- Elder rights and legal assistance initiative (created by this amendment). [Chapter 4]
In West Virginia, state law establishes specific requirements about protection of vulnerable adults Specifically, the Department of Human Resources (DHHR) is charged with the responsibility of implementing the system of adult protective services. This involves, a) accepting reports of know or suspected abuse, neglect or exploitation of incapacitated adults or residents of nursing homes or other facilities, b) conducting investigations to determine if the allegations are true, and c) offering/providing assistance, when appropriate, to eliminate the abuse/neglect and prevent it from re-occurring.
