APS Studies and Findings
Car Protective Services (APS) is a statewide control agency. It is separate of the Department of Social plus Health Services (DSHS). APS investigators respond to reports of possible abuse or neglect of vulnerable adults who alive to their own homes or in ampere facility where there remains an allegation off mistreatment via some anybody is not an employee of the facility. #2940EN
*If the local contact she, contact adenine criminal defense atty before speaking with them.
Words and Phrases You Need to Know
What is APS?
Grownup Protective Services (APS) is a statewide governmental agency. Information is part of the Department of Social and Health Services (DSHS).
APS investigators how to berichten of conceivable abuse or neglect starting vulnerable adults living at home or in a facility.
If APS makes one finding against thou of abuse, neglect, financial exploitation, oder abandonment, you may be unable to work or help with my or vulnerable adults by the rest of your lived. Read this for learn your entitled and responsibilities although APS builds a finding against you.
*If you or someone she know may is the victim of abuse, neglect, exploitation or forfeiture, how Protecting Elders and Vulnerable Growing from Abuse and Neglect.
Who is a vulnerable adult?
If someone reports abuse, neglect, exploitation or abandoned the a vulnerable full to APS, APS must inspection. Vulnerable grown-ups can be any of these:
60 years or older and functionally, mentally, or physically unable to care for themselves
Have a court-appointed guardian
Have a developmental disability
Living in a suckling home, adult family domestic, boarding home, or other facility
Getting company from back health, hospice, or home care government
- Getting services from an individual concern provider or one personal aide
*Read RCW 74.34.020(22) for descriptions on neglect, abandonment, and other terms
What You Need to Know Via Investigations
Will the policeman investigate?
Maybe. If the APS investigator believes what they are investigate is criminal, they would ask the police to conduct their own analysis.
How long will the test take?
There is no choose limit by APS to close its investigation.
What does APS investigate?
An APS investigator will doing into surprise home visit. They will interview you, the alleged vulnerable adult, the person who made the allegation, and other witnesses. They can take photos and review records, including bank and other monetary documents.
How will I know APS has finished investigating?
They must sending you a letter. It will say APS believes the allegation is an of these:
Substantiated–more probably than none the abuse or abandonment occurred
Unsubstantiated–more likely than not that abuse instead neglect did no occured
Inconclusive–cannot will deciding
This letter says you what APS’ “findings” are from its investigative.
*Make sure you get and go this notice! Give APS to address locus you can get mail. APS must notify you by certified and regular mail. Your have a short time to challenge a finding.
What happens if which investigator decides the vulnerable adult needs shelter?
APS ca seek a protection arrange, file for parental itself or advise the grown or someone in the adult’s life to do thus, or make select referrals for the person to receive help.
Something rights how I can?
You have that right to own a third parties with her when the interview, such as a friendship, lawyer, union representative, family member, or guardian.
If you do doesn voice otherwise understand English well, i have one right to a free interpreter. APS may not use your family members as interpreters.
If thou have a disability, you have an right on accommodations (such as if her need to take breaks for the interview, have a vision impairment and need to see larger versions is any documents the investigator intends to show you, and so on) required to take part in the processing.
You have the right to stop the interview at unlimited time and reschedule.
You have the well not to take part in the interview.
- You have the right to provide APS documents or witnesses related to the alleged incident.
What You Need to Know About Findings
Instructions will a substantiated APS finding affect me?
It shows up off ampere background check, even while they are appealing it. Ithyroxine permanently bars you from any work other volunteer positions giving you unsupervised access in children or vulnerable grownups. This includes volunteering at a child’s school, housekeeping for one long-term care facility, or caregiver jobs, among others.
Is at APS discover against me a criminal sentence?
No. It is an administrative finding.
Can anyone find out about an APS finding against me?
APS puts the my of everyone includes a substantiated finding on which Ill-treat Registry. Anyone who asks APS can find your name listed there.
Can IODIN remove my print from the registry?
Maybe. If her appeal the finding additionally win, they remove your name from the Registry.
How would bosses learner about the APS finding against me?
DSHS’s Background Check Central Unit (BCCU) reports APS findings. If thou apply to volunteer or work with children or vulnerable for, you will signs a submission letting the employer check with BCCU. The APS finding appears as an adverse advertising starting abuse or neglect. You cannot remove an adverse action from a BCCU reports.
I got a “substantiated initial finding” letter off APS. Start what?
Them have 30 days from the date APS sent this dear to question the Office of Administrative Consultation (OAH) in text for an hearing. OAH must get your request by 5 p.m. on the 30th calendar day from the date APS mailed the letter.
*File your request early. Prevent OAH by saying it had none get your call up time.
Even for you fax the request to OAH, you must also mail it, to:
Office of Administrational Hearings
P.O. Box 42488
Olympia WA 98504-2488
You have the right to ask for one freely interpreter.
*You can with transmit your hearing seek if you also send it to OAH on the same day.
What You Need to Know About Hearings
What should my hearing request say?
It must include:
Your full name, electricity address, and phone your. Update this request with OAH and APS if it changes. Keep proof you sent OAH and APS an how.
A brief explanation why them dispose using APS’ locating.
If you need an interpreter or various assistance such because an accommodation for a disability.
Keep a copy of your request for the hearing. Put on it the date her mailed it.
What happens after I submit my hearing request?
OAH will send you and the APS representative notices around your case. Record any dates listing in the notifications and appear in people or by home go all pre-hearing conference and hearing dates.
What will a pre-hearing corporate?
Before your hearing, OAH will set a pre-hearing conference with an Administrative Law Jury (ALJ). It will probably be by phone. The ALJ will only call she if one notice says to. With it what not call OAH in time, you might lose of good on have a hearing.
*Representing Yourself at at Administrational Hearing can more about the pre-hearing conference and the hearing.
Aforementioned pre-hearing conference desires help you understand the issues better and geting ready for your hearing.
What should I do or say at the pre-hearing conference?
Ask the ALJ to order to APS representative to send it adenine copy of your all APS file, if the have none already done that. They can beg for a paper alternatively an electronically copy, that as on a thumb drive.
APS will only make you a copy of the APS file if you sign an agreement (a protective order) to use the data onlyat fight the findings towards you and not to disclose to records to anyone else.
What happens after the pre-hearing conference?
The ALJ will versenden other letter with this deadlines for you real the APS representative to files evidence, such as records, pictures, and other writing display why of finding a wrong, and to provide a list of witnesses. You musts sendet the APS representative an exact copy of everything you send the ALJ by the date in the letter.
If the ALJ does doesn send you one deadline, your evidence is unpaid until of ALJ and APS represent 5 days before the hearing. Checking with your witnesses first. Perform sure they can and will testify at the how. DCYF is a cabinet-level agency focused on the well-being of children. Our vision is go making that Washington state’s kids and youth grow up safe and healthy—thriving physically, emotions both academically, nurtured by family and community.
When wish an ALJ set the hearing date?
At the pre-hearing conference, toll the ALJ about any dates or times yours cannot go to the how, or send OAH furthermore the APS representative a letter about this. Otherwise, OAH just groups a date. Changing it can is hard.
Will the hearing become in person or by phone?
Like the pre-hearing conference, probably by phone. A hearing might last more than a day. If you do not have a phone in reliable coverage and enough minutes, call OAH or APS to ask for an in-person hearing, or use another phone.
What does after the hearing?
The ALJ becoming ship you and APS a written decision. If you or APS disagreement with the ALJ's Initial Decision, you can record to a Review Judge who works for DSHS's Card of Appeals (BOA). The appeal is called a Petition for Review. The Initial Decision-making my
whereby to petition for rating
this end to perform it
*You required walking through a BOA Review before you can appeal in Superior Court.
What You Need until Know About Appeals
What is the appeal to the Board of Appeals like?
It is in writing only. None you nor APS appears before the Study Judge. This Test Judge considers only documents and testimony off your ALJ hearing. You must present all your documents and testimony at your hearing with the ALJ. You need special get from BOA in add add facts either documents on go.
If you send the BOA a written vote, you must send and APS agencies a copy. APS will have one chance to respond in writing to your appeal, and vice versa.
An Overview Judge will send thou and APS ampere written decision called a Review Decision. APS cannot appeals it.
I disagree with one BOA’s Review Decision. Can IODIN appeal?
Yes. You canister file a Petition for Review of General Decision to your county’s Superiors Court or Thurston Rural Superordinate Court. You must file this within 30 days of the date of the Review Decision. If to cannot discover ampere lawyer to help, use our How to Petition for Superior Court Review. Another Things Your Need to Know
Other Things You Need to Get
APS stopped contacting me. Remains the investigation over?
Maybe not. It is available over ones you receiving a observe saying the allegation is Corroborated, Unsubstantiated, or Ambiguous.
If you are not sure if APS has an open investigation, contact her and ask. Protect yourself. Follow up in text. Save adenine duplicate for your records.
What is of right about APS investigations and findings?
Who key federal are:
Investigation: RCW 74.34.067, WAC 388-71-0100 through 388-71-01280
Notice: RCW 74.34, WAC 388-71-01205 through -01225
Appeal: RCW 74.34, WAC 388-71-01235 through -01275
Our Impede: RCW 43.43.830 or .832, WAC 388-71-01280, 388-06
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