Below are five questions and answers about the state agency tasked with investigating abuse and neglect of Maine’s older adults.
What is Adult Protective Services?
Adult Protective Services operates under the Maine Department of Health and Human Services. According to state statute, the agency is required to “protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation.”
Incapacitated adults lack sufficient understanding or capacity to make their own decisions.
Meanwhile, dependent adults wholly or partially rely upon others for care or support, often due to a physical or mental condition.
The core duties of Adult Protective Services are to receive, investigate and determine the validity of reports of abuse, neglect and exploitation; take appropriate action by connecting people with services and referrals to other agencies; and petition for guardianship or a protective order, as appropriate.
Who can report to Adult Protective Services?
Mandated reporters are required to inform Adult Protective Services when they know or have reasonable cause to suspect that an incapacitated or dependent adult has been or is likely to be abused, neglected or exploited. Mandated reporters include doctors, social workers, law enforcement officials, clergy, and court-appointed guardians or conservators, among others.
Family members, friends and neighbors may also make reports if they have concerns. Reports can be made to the central intake line, 1-800-624-8404, or online.
Reports are then screened by the type of allegation, the severity of the allegation and whether they fall within the agency’s jurisdiction. A supervisor initiates an investigation by assigning it to a caseworker within one business day for priority cases and within five business days for non-priority cases.
If there’s an investigation, caseworkers typically interview the person who made the report, the alleged victim, the alleged perpetrator and others involved. They may gather documents such as medical records, photos, videos, court documents and police records. Investigations sometimes involve collaborating with law enforcement, the Maine Department of Health and Human Services’ division of licensing and certification, and others.
Adult Protective Services investigations are supposed to be completed within 30 days unless the caseworker requests and is granted an extension, according to DHHS spokesperson Lindsay Hammes.
What happens after Adult Protective Services substantiates a report?
When an Adult Protective Services investigation substantiates abuse, neglect or exploitation, the agency sends a letter to both the victim and the perpetrator, said Gina Googins, the associate director.
She added that all allegations of abuse, neglect or exploitation are also forwarded to the relevant district attorney’s office for possible prosecution. The agency will also notify law enforcement if there are allegations of a crime.
If the agency determines an incapacitated adult is being abused, neglected or exploited and lacks capacity to consent to protective services, the department can petition the probate court for guardianship or conservatorship, according to state statute.
How many reports does Adult Protective Services get annually?
The annual number of intake reports to Adult Protective Services has nearly doubled from about 9,900 in 2019 to about 18,500 last year.
In the first three months of this year, there have been 5,044 intakes.
Googins said the increase is largely due to more general awareness of which incidents should be reported.
How big is the agency?
There are five program administrators, 20 total supervisors, 57 caseworkers, 52 guardianship caseworkers and eight intake caseworkers within Adult Protective Services, according to Hammes, the DHHS spokeswoman.
The agency is currently interviewing for two Adult Protective Services supervisor positions, according to Hammes. As of May 15, there were three open caseworker positions.
