Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General
responsibilities. An area agency on aging shall administer the
delivery of protective services under this chapter in its planning and service
area. The functions and responsibilities of the area agency on aging in
administering protective services include the following:
(1) The development and submission of a
protective services plan under subsection (b).
(2) The oversight of the delivery of
protective services for older adults, either directly or purchased under
contract with another agency, in compliance with the area agency's approved
protective services plan, this chapter and other applicable State and Federal
regulations or statutes. The plan shall assure that the agency will provide for
the receipt of reports of need for protective services, the conduct of
investigations of reports, the assessment of need and the development of
service plans throughout the period covered by the plan. The plan shall also
describe sources for specific services that may be required by older adults who
have been assessed as needing them, and policies pertaining to arranging for
specific services if and when needs for specific services exceed
supply.
(3) The coordination of the
protective services related activities of local agencies and organizations
having substantial contact with potential victims or perpetrators of abuse,
neglect, exploitation and abandonment. These agencies and organizations include
the following:
(i) Local domestic violence
agencies.
(ii) County assistance
offices.
(iii) Local mental
health/mental retardation programs.
(iv) County offices of children and
youth.
(v) Law enforcement
agencies.
(vi) Legal services
agencies.
(vii) Emergency medical
service agencies, hospital emergency rooms and social services staff.
(viii) Home health agencies.
(ix) Drug and alcohol prevention and
treatment organizations.
(x) Clergy
associations and councils of churches.
(4) The local extension of the Department's
ongoing campaign of public information and education about the need for, and
availability of, protective services for older adults.
(5) The collection and submission to the
Department of data on protective services activities. The data shall be
recorded and reports submitted as required by the Department. At a minimum, the
following information shall be included:
(i)
The number of substantiated and unsubstantiated reports.
(ii) The number of reports made in various
categories of need for protective services, such as physical abuse, financial
exploitation, neglect, abandonment and the like.
(iii) The demographic information on persons
reported to be in need of protective services and on alleged perpetrators of
abuse, neglect, exploitation and abandonment.
(iv) The origins of reports.
(v) The remedies and referrals.
(b)
Protective
services plan. The area agency on aging shall submit, on an annual
basis, its protective services plan to the Department. The protective services
plan shall contain, at a minimum, the following information:
(1) An explanation of the organizational
structure and staffing of the area agency's protective services functions,
including provisions for purchasing these services if applicable. For the
purpose of advising the agency on medically related issues encountered during
assessment and the development of service plans, the organizational structure
shall include the consultation services of a registered nurse or physician
licensed to practice in this Commonwealth.
(2) An explanation of how the area agency's
organizational structure and staffing of protective services will prevent a
conflict of interest between the investigation of reports received under this
chapter and the area agency's service delivery functions. The explanation shall
include assurances that the minimum criteria required under §
15.13 (relating to organization and
structure of protective services functions) will be met.
(3) A description of the local process for
delivering protective services to older adults who need them, including the
24-hour capability to receive reports, the investigation of reports and the
necessary actions arising from investigations. The description shall focus on
the specific local methodology to be implemented in activities for which this
chapter allows for local differences and flexibility. The description of the
plan for investigating reports shall include an explanation of steps to be
taken to assure the standby capability required under §
15.41(c) (relating
to reports required to be investigated). The description of the plan for
seeking emergency court orders shall include the agency's identification of the
providers of legal assistance who may be notified under §
15.71(b) (relating
to involuntary intervention by emergency court order) when the agency petitions
the court for emergency involuntary intervention.
(4) A description of local funding for
protective services which has, at the discretion of a county or local agency,
been placed under the administrative control of the area agency on aging. There
is no requirement by the Department that the area agency on aging obtain local
funding for its protective services plan budget.
(5) Documentation of applicable interagency
relations, interagency agreements, service referral mechanisms and the locus of
responsibility for cases with multi-service needs. The documentation shall
include assurances that the area agency on aging has taken steps to avoid
unnecessary duplication of existing efforts by other agencies which may carry
responsibilities for some protective services activities.
(6) A description of local methods to be used
to assure the privacy and confidentiality of older adults receiving protective
services as required under §§
15.101 -15.105 (relating to
confidentiality).
(7) A list of the
entities, public and private, identified by the area agency on aging as having
substantial contact with potential victims or perpetrators of abuse, neglect,
exploitation and abandonment.
(c)
Public awareness. The
area agency on aging shall conduct within its planning and service area an
ongoing campaign designed to inform and educate older adults, professionals and
the general public about the need for and availability of protective services
under this chapter. This ongoing campaign shall utilize materials and
methodology developed by the Department and supplemented by the area agency
with relevant information on the local protective services system. Special
emphasis shall be placed on informing the community on how to make reports and
request services.
(d)
Department approval required. An area agency on aging, which
has not received the Department's approval for its protective services plan may
not provide services under this chapter.
This section cited in 6 Pa. Code §
15.11 (relating to administrative
functions and responsibilities of the Department); 6 Pa. Code §
15.102 (relating to maintenance of
case files); and 6 Pa. Code §
15.112 (relating to uses of funding
authorized by the act).
