Older Adult Protective Services

Unexplained broken bones, untreated wounds, welts, signs of being tied up (wrists and ankles)

Bruises or burns, often in shapes or patterns, in various stages of healing

Difficulty walking due to unexplained injuries or medical condition

Lack of adequate food, clothing or shelter

Lack of necessary medical care

Lack of supervision resulting in imminent risk or dangers to self

Lack of hygiene or housekeeping causing individual to become sick

An older adult who is deserted by a caretaker.

Unpaid bills and lack of necessities when there is adequate income

Unusual withdrawals from accounts, bounced checks and forged signatures

Any person who believes that an older adult is being abused, neglected, exploited or abandoned may file a report 24 hours a day with any Area Agency on Aging or call the statewide elder abuse hotline at 1-800-490-8505.

Abuse reports can be made on behalf of an older adult whether the person lives in the community or in a care facility such as a nursing home, personal care home, hospital, etc.

Reporters may remain anonymous.

Reporters have legal protection from retaliation, discrimination and civil or criminal prosecution.

Employees and administrators of nursing homes, personal care homes, domiciliary care homes, adult day care centers and home health care are mandated by Act 13 of 1997 to immediately report any suspected abuse of a recipient of care to the Area Agency on Aging. If the abuse involves serious injury, sexual abuse or suspicious death, reporters must also call police and the Pennsylvania Department of Aging at (717) 265-7887. In addition, the reporter may also call the Pennsylvania Department of Health Nursing Home Complaint Line at 1-800-254-5164.

Failure to report as required by Act 13-1997 can result in administrative or criminal penalties.

The Older Adults Protective Services Act (OAPSA), mandatory abuse reporting requirements have been amended.  Effective February 9, 2003, facilities that provide services to individuals with mental retardation in residences licensed by the Pennsylvania Department of Public Welfare (DPW) or that are funded through a County Mental Retardation (MR) program shall not be required to report abuse if the recipient is under the age of 60 years.  Specifically this includes:
            1)  Community residential rehabilitation services;
            2)  Community homes and family living homes for individuals with mental retardation;
            3)  Intermediate care facilities for individuals with mental retardation, including State
                 and non-State operated facilities and homes; and,
            4)  State mental hospitals
 
Every report of abuse received by the Area Agency on Aging must be investigated to determine if the reported victim needs help to protect him/herself from abuse, neglect, exploitation or abandonment. Each report must be classified as emergency, priority or non-priority. Emergency reports are investigated immediately; non-priority reports are investigated within 72 hours.
 
Once the incident has been identified as protective and it has been determined that service provision is necessary the Area Agency on Aging in most cases must have the older adult's consent to provide protective services. Permission is not required if the services have been ordered by a court, requested by the older adult's court appointed guardian, or provided as part of an involuntary, emergency intervention court order because of imminent risk of death or serious physical injury.
 
All services offered to victims of abuse, neglect, exploitation or abandonment must be based on a comprehensive assessment of the victim's needs and described in a written service plan presented to the victim for his/her approval.
 
Finally, in the provision of protective services certain rights must be guaranteed. Those rights are as follows:

Victims have the right to be told that someone has reported that they might be the victim of abuse and need protective services.

Victims can refuse to accept services.

Victims have the right to legal counsel when the Area Agency on Aging attempts to obtain an emergency, involuntary intervention court order.

Victims have the right to a guarantee that all information concerning their case will be maintained confidential.

Alleged abusers have the right to be notified after substantiation of a report and given an opportunity to challenge the findings of the investigation.