Navigating the legal requirements applicable to adult protective services (APS) court proceedings can be challenging, given the expedited nature of the cases, the different types of orders the court may issue, and the varying legal standards and timelines that apply to each order. The urgent and often emergency-driven nature of APS cases adds further complexity to the process. That’s why we developed a new resource designed to assist county department of social services (DSS) directors, social workers, and attorneys—along with court officials and other professionals involved in APS —better understand the essential steps in a court proceeding to obtain an order for APS protective and emergency services.
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Tag: adult protective services
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New Resources for Protecting Vulnerable Adults in North Carolina
In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the abuse, neglect, or exploitation of vulnerable adults. Fifty-six counties across the state have addressed this problem through creating adult protection multidisciplinary teams (MDTs)—groups of professionals from different disciplines who work together to prevent and respond to abuse, neglect, and exploitation of disabled and/or older adults. An additional 38 North Carolina counties are currently working to form adult protection MDTs. The School of Government’s Adult Protection Network is excited to announce a redesigned Adult Protection Network website with new resources for those in the adult protection field, including new online trainings and an MDT Toolkit with template documents for adult protection MDTs.
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Human Trafficking: New SOG Resource Explaining Your Obligation to Make a Report and How the Agency Responds
January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor and the Chief Justice have both declared January Human Trafficking Awareness Month (see the Governor’s proclamation here and the Chief Justice’s proclamation here). The purpose of these declarations is both a recognition that human trafficking in the United States and North Carolina exists and to educate our citizens about this issue. Partnerships are required for a successful response to combat the crime of human trafficking, which involves both sex and labor trafficking. The national, state, and local responses involve the prevention of human trafficking, protection for victims and survivors, and the prosecution of traffickers.
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Apply Now for the Upcoming Adult Protection Multidisciplinary Team Workshop
Someone once told me that to get people really interested in a meeting you need to either make it free to attend or provide food. Well, thanks to funding from the North Carolina Judicial College, we are doing both for an upcoming workshop at the School of Government. It will be held March 2-3, 2023, and will bring together diverse stakeholders from around North Carolina to begin the process of forming and developing adult protection multidisciplinary teams (MDTs). Each team may send up to seven people to participate in the workshop. The application period is now open and runs through January 13, 2023. You can learn details about the workshop and apply here.
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Ongoing Support for Adult Protection Multidisciplinary Teams Now Available Through the School of Government Help Desk
Over the past few years, faculty and staff at the School of Government collaborated with public officials across the state to develop resources and tools related to the growth and development of adult protection multidisciplinary teams (MDTs). An adult protection MDT is a group of professionals in a geographic region who work together toward common goals related to preventing and responding to abuse, in any of its forms (physical, emotional, and sexual abuse; self-neglect and caretaker neglect; and exploitation, including financial exploitation).
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Will We See More APS Petitions During COVID-19? What GALs Need to Know
I previously published on this blog Guardian ad Litem Attorney Challenges in the Era of COVID-19, which explored the complications the current pandemic has posed for Guardians ad Litem (“GALs”) in Chapter 35A incompetency and guardianship proceedings. Given these challenges and other developments, GALs may see an increase in the number of Adult Protective Service (“APS”) petitions being filed under Chapter 108A. This could be good news for GALs and their clients in some situations; however, GALs also need to be aware of the potential risks that could go along with a rise in APS petitions.
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New SOG Bulletin! Human Trafficking of Minors and Young Adults: What Local Governments Need to Know
My colleague, Margaret Henderson, and I are excited to announce a new SOG resource – Human Trafficking of Minors and Young Adults: What Local Governments Need to Know. Youth are particularly vulnerable to traffickers. County and municipal staff in many departments have either spontaneous or deliberate interactions with youth that provide opportunities to lessen those vulnerabilities, identify indicators of trafficking, and intervene when appropriate. Download the bulletin on the School of Government’s website, here.
This 36-page bulletin is organized into three parts. Continue Reading
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Apply Now! Elder Abuse Workshop at the School of Government
Yesterday, the application period opened for a free workshop we will be hosting September 26-27, 2019 at the School of Government in Chapel Hill.* The purpose of the workshop is to bring together stakeholders from around North Carolina to create and grow multidisciplinary teams (MDTs) to address elder abuse in their respective communities. You can learn details about the workshop and apply here. Only teams will be accepted to attend the workshop. This post provides additional information to consider if you and others in your community are interested in forming a team and submitting an application. Continue Reading
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Administrative Inspection Warrants in Adult Protective Services Cases
The county department of social services (DSS) receives a report that a 65-year old woman, Mary, was injured by a family member who repeatedly hit her during a dispute that took place at Mary’s home. Mary lives with her adult daughter, Patricia, and son-in-law, Frank. The report includes a statement that Mary has been recently diagnosed with dementia and has not left the house in more than a month. After finding the necessary allegations to screen the report in as an adult protective services (APS) report, the case is assigned to an APS caseworker who commences an evaluation to investigate the report further and determine whether Mary is a disabled adult subject to abuse, neglect, or exploitation and in need of protective services. See G.S. 108A-103.
When the caseworker goes to visit Mary as part of the evaluation, Frank refuses to allow her in the home. The caseworker returns multiple times and each time is denied entry and access to Mary. The caseworker determines that it is not possible to complete the evaluation without meeting with Mary. Is there anything that she can do to gain access to the home and thus to Mary? Continue Reading