After a Report is Made

Elder Abuse

A trained Social Services Worker will respond within a specified time period depending on the severity of the case: within 24 hours for the most dangerous situations and within seven days for most others.

The worker will contact the victim and help determine what services or interventions are most appropriate to stop the abuse or neglect. Those services may include:

• case management
• in–home personal or other health care;
• homemaker chore services;
• adult day services;
• respite care for the caregiver;
• home delivered nutrition services
• financial or legal assistance and protections, such as representative payee, direct deposit, trusts, protective services, civil suit or criminal charges;
• counseling for the victim;
• referral to other community resources
• when needed, guardianship proceedings or nursing home placement;
• emergency responses for housing, food, physical and mental health services.

The law contains certain guarantees that protect the rights of eligible adults alleged to be in need of protective services.

The Missouri Department of Health and Senior Services (DHSS), Division of Senior Services and Regulation delivers home and community based Adult Protective Services (APS) with consideration to the following inherent rights:

• Self-Determination
• Protection
• Confidentiality
• Participate in Care Planning
• Receive Assistance
• Refuse Services
• Refuse Medical Treatment

Protective Services are provided on behalf of eligible adults who are unable to:

• manage their own affairs;
• carry out the activities of daily living; or
• protect themselves from abuse, neglect, or exploitation which may result in harm or a hazard to themselves or others.

The purpose of Adult Protective Services is to:

• promote independence;
• maximize client choice and provide for meaningful client input for preferences;
• provide quality alternatives to institutional care; and
  empower the older adult to attain or maintain optimal
  self-determination.

The older person has the right to accept or decline services.
As an adult, a competent older person may refuse an assessment and may refuse all services and interventions. This is called the client’s right to self–determination, upon which the Adult Protective Services program is based. No decisions are made about a competent adult without that adult’s involvement and consent. Every effort is made to keep the person in his or her home.

Where a client has dementia or another form of cognitive impairment, the division works to assess the situation and to provide services as needed. In some cases, the division petitions or facilitates someone petitioning the court for guardianship in order to insure that the client’s needs are met.

Guardianship and nursing home placement are always the last resort.

Guiding Principles for Long-Term Care Facility Residents
A facility resident has the right to:

• Be free from mental and physical abuse;
• Be informed of their medical condition;
• Select their own physician;
• Participate in planning their care;
• Refuse treatment;
• Voice grievances;
• Be treated with respect and dignity; and
• Have treatments provided in privacy.

The DHSS Section of Long-Term Care Regulation staff conducts investigations of reported abuse, neglect, and exploitation of individuals residing in long-term care facilities. Complaint investigations are handled in accordance with state statute, and all information obtained during investigations is handled in a confidential manner. Reports or complaints are generally initiated within 24 hours.