Utah Admin. Code R510-302-6 - Adult Protective Services Intake Criteria
(1) Referrals may be submitted to the APS
Intake Office in any format from any person who has reason to believe that a
vulnerable adult has been abused, neglected, or exploited.
(2) Referrals shall be evaluated by APS
Intake to determine whether APS shall investigate the allegation.
(3) APS shall investigate referrals of
allegations of abuse, neglect, or exploitation of a vulnerable adult except as
follows:
(a) when the referral does not
involve an allegation that a vulnerable adult may have been or is being abused,
neglected or exploited;
(b) when
the referral does not identify a current abuse, neglect or exploitation but
anticipates that abuse, neglect or exploitation may occur;
(c) when the referral involves a vulnerable
adult on an Indian reservation, unless a written agreement between APS and
tribal authorities granting APS authority to investigate is in effect or the
referral shall be forwarded by Intake to federal or tribal
authorities;
(d) when the referral
involves an alleged incident in a long-term care facility involving an alleged
theft or alleged loss of a resident's money or personal property, the alleged
perpetrator is unknown, and the money or personal property has been replaced,
returned, or reimbursed by the facility;
(e) when the referral involves an alleged
financial scam or alleged consumer fraud;
(f) when the referral contains insufficient
information to either locate the alleged victim or reasonable attempts by APS
Intake to gather that information are unsuccessful; and
(g) when the alleged victim or alleged
perpetrator lived out of state during the time period when the abuse or neglect
occurred, or the alleged victim or alleged perpetrator lives out of state
during the time period of the investigation.
(4) APS shall notify:
(a) the Department of Health and Human
Services and the local Long-term Care Ombudsman when a referral involves a
long-term care facility;
(b) the
Division of Services for People with Disabilities (DSPD), when the referral
involves a person who receives services from DSPD; and
(c) the Department of Health and Human
Services, Office of Licensing, and Office of Quality and Design, if the
referral involves a DSPD who reside in a DHHS licensed provider facility or if
the incident occurred at a DHS licensed provider facility.
(5) APS may submit a referral that involves a
department employee or other potential conflict of interest to the department
Office of Quality and Design for review.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Referrals may be submitted to the APS Intake Office in any format from any person who has reason to believe that a vulnerable adult has been abused, neglected, or exploited.
(2) Referrals shall be evaluated by APS Intake to determine whether APS shall investigate the allegation.
(3) APS shall investigate referrals of allegations of abuse, neglect, or exploitation of a vulnerable adult except as follows:
(a) when the referral does not involve an allegation that a vulnerable adult may have been or is being abused, neglected or exploited;
(b) when the referral does not identify a current abuse, neglect or exploitation but anticipates that abuse, neglect or exploitation may occur;
(c) when the referral involves a vulnerable adult on an Indian reservation, unless a written agreement between APS and tribal authorities granting APS authority to investigate is in effect or the referral shall be forwarded by Intake to federal or tribal authorities;
(d) when the referral involves an alleged incident in a long-term care facility involving an alleged theft or alleged loss of a resident's money or personal property, the alleged perpetrator is unknown, and the money or personal property has been replaced, returned, or reimbursed by the facility;
(e) when the referral involves an alleged financial scam or alleged consumer fraud;
(f) when the referral contains insufficient information to either locate the alleged victim or reasonable attempts by APS Intake to gather that information are unsuccessful; and
(g) when the alleged victim or alleged perpetrator lived out of state during the time period when the abuse or neglect occurred, or the alleged victim or alleged perpetrator lives out of state during the time period of the investigation.
(4) APS shall notify:
(a) the Department of Health and Human Services and the local Long-term Care Ombudsman when a referral involves a long-term care facility;
(b) the Division of Services for People with Disabilities (DSPD), when the referral involves a person who receives services from DSPD; and
(c) the Department of Health and Human Services, Office of Licensing, and Office of Quality and Design, if the referral involves a DSPD who reside in a DHHS licensed provider facility or if the incident occurred at a DHS licensed provider facility.
(5) APS may submit a referral that involves a department employee or other potential conflict of interest to the department Office of Quality and Design for review.