Adult Protective Services System

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The Office of Aging and Disability Services (OADS) is currently divided into two Chapters:  10-149 (formerly the Office of Elder Services) and 14-197 (formerly the Office of Adults with Cognitive and Physical Disability Services).  OADS is completing the process of combining these two former State agencies into one by eliminating use of 14-197 and creating a single comprehensive OADS Policy Manual under 10-149.  This rulemaking repeals the current 10-149 Chapter 1 and replaces is with 10-149, Chapter 2, Section 1:  Adult Protective Services System.  The rule also contains many formatting corrections, ensures use of gender-neutral language, and includes many clarifying edits.

In March 2020, the Legislature adopted Public Law Chapter 661, An Act to Strengthen Protections for Incapacitated and Dependent Adults from Abuse, Neglect, and Exploitation. This law expands the authority of Adult Protective Services (APS) to substantiate allegations against care workers who have been found under the APS Act to have Abused, Neglected, or Exploited Incapacitated or Dependent Adults. This law clarifies that APS substantiations are maintained within a registry. This law also changes the current language that limits registry entries to cases where the Abused, Neglected, or Exploited client is an adult with an intellectual disability or Autism Spectrum Disorder in favor of expanding the registry to include cases involving Incapacitated and Dependent Adults with other diagnoses. The goal of this law is to ensure that individuals who have been found to have Abused, Neglected, or Exploited Incapacitated or Dependent Adults are documented in a registry to prevent or limit their future employment in care roles.

Chapter 1 implements the goal of the law by: 1) setting forth the substantiation process for individuals who have Abused, Neglected, or Exploited Incapacitated or Dependent Adults; and 2) expanding registry entries to include cases involving Incapacitated and Dependent Adults with other diagnoses. Following enactment of the public law directing the rulemaking, the Associate Director of APS drafted the rule relying on stakeholder input, Department staff’s knowledge of the APS system, and the Administration’s guidance and vision for APS systems for this population.

The Department does not anticipate that this rule will have any impact on municipalities, counties, or small businesses.

Office: Aging and Disability Services

Public hearing: -

Meeting location:

Department of Health and Human Services

109 Capitol St

Augusta, ME 04330

Meeting link: https://mainestate.zoom.us/j/89436187868?pwd=MlRzUmUrY2hUL2g3bVB3aGxHK0NUdz09

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