Pennsylvania's Adult Protective Services (APS) program is a state-run initiative to protect care-dependent adults with physical or mental impairments. The program's primary focus is on detecting, preventing, and addressing various forms of abuse, neglect, and exploitation among one of the state's most vulnerable populations. As you might expect, they take this job seriously, and the risks are high for anyone facing elder abuse accusations.

LLF Law Firm has helped many Pennsylvania residents overcome such investigations when on the receiving end of elder abuse allegations. Call our Criminal Defense Team today at 888-535-3686 or fill out our online form to get started.

How APS Allegations Arise

APS investigations often begin with reports from mandatory reporters, including healthcare professionals, social workers, and employees of care facilities. However, anyone with concerns about a care-dependent adult's condition can file a report if they suspect abuse or neglect. Typically, reporters are protected from any backlash or consequences of making a report and can remain anonymous. Reports occur when someone notices potential signs of abuse, such as:

• Unexplained physical injuries or signs of neglect.
• Financial exploitation, such as unusual withdrawals or missing funds.
• Emotional or verbal abuse.
• Failure or inability to provide necessary medical care, food, or shelter.

Pennsylvania's laws do not explicitly define elder abuse by age. Instead, the state criminalizes abuse of care-dependent individuals, regardless of whether they are younger adults with disabilities or older adults typically associated with elder abuse. APS investigates reports involving adults aged 18 to 59 within the state only if the case involves a care-dependent adult. The Pennsylvania Department of Aging separately operates the Older Adult Protective Services (OAPS) program to protect care-dependent adults over the age of 60 from elder abuse and neglect. If the individual is not care-dependent, allegations of abuse may instead fall under Pennsylvania's domestic violence laws.

If someone reported you to OAPS, the stakes are high. Even false reports are challenging to defend against if you don't understand the process of OAPS investigations or the risks involved.

What to Expect as a Defendant During OAPS Investigations

Allegations of elder abuse are serious, but they do not automatically result in punishment. If OAPS deems a report credible, they will initiate an investigation to gather more information. The process typically includes:

• Face-to-Face Interviews: OAPS investigators will meet with you, the alleged victim, and any witnesses to the alleged abuse.
• Observations and Documentation: Investigators thoroughly examine living conditions, looking for signs of neglect or abuse. They may also review medical records and financial statements to corroborate or refute the allegations.
• Criminal Referrals: If OAPS investigators suspect criminal activity, such as intentional harm or severe neglect, they may refer the case to law enforcement. Law enforcement can pursue criminal elder abuse charges, with misdemeanor and felony convictions both carrying the potential of years behind bars.

However, even before a proper investigation, OAPS categorizes cases as either priority (imminent danger requiring immediate action) or nonpriority (investigation within 72 hours). Depending on this classification, the intensity of your investigation into your conduct may vary significantly. In priority cases, OAPS can seek emergency court orders while the investigation is ongoing to protect adults from potential harm.

OAPS investigations often feel biased against the accused, as the primary goal of OAPS is to protect alleged victims. Defendants should expect intrusive questioning and even professional or reputational roadblocks as the investigation continues. However, despite these challenges, defendants in Pennsylvania retain the right to:

• Remain silent and only provide statements with legal counsel.
• Challenge findings or evidence during the investigation.
• Counter false and damaging court orders.

LLF Law Firm's Criminal Defense Team has years of experience defending against elder abuse accusations in Pennsylvania. Our attorneys will be at your side throughout the process, protecting your rights and defending your name. Call us today at 888-535-3686 or contact us through our website to get started on your defense.