West Virginia Bureau for Children and Families
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BCF Support Article

What rights does the adult victim have in Adult protective Service situations?

Category:
Adult Abuse and Neglect
Updated:
3/6/2003

While the department 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. An adult who has decision-making capacity, therefore, has the option of accepting or refusing intervention when services are offered. This right to refuse, however, relates to the case management component of Adult Protective Services and other supportive services. It does not apply to the Adult Protective Services investigation.

Research Links:
United State Constitution - West Virginia Constitution - West Virginia State Code