Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for Aging and Rehabilitative Services intends to consider amending 22VAC30-100, Adult Protective Services. The purpose of the proposed action is to review and to make needed amendments that (i) establish standards for local departments of social services for the provision of adult protective services (APS) investigations and post-investigation services; (ii) provide guidance on the imposition of civil penalties on mandated reporters who fail to report suspected adult abuse, neglect, or exploitation; (iii) outline important definitions used during the course of reporting adult abuse, neglect, and exploitation; APS investigations; and the provision of services to adults who may be victims; (iv) address the specific actions an APS worker must take in various situations; (v) ensure requirements adequately address the safety of the adult who is receiving services, while also balancing the adult's right to self-determination; and (vi) strengthen the requirements regarding workers' case documentation, including entering the case record into the state database, and eliminate language that may be redundant or confusing to workers. The proposed regulatory action seeks to assess all current regulation content; to clarify content that may be unclear, inconsistent, or obsolete; and to add new language that establishes a process to afford certain alleged perpetrators of adult abuse, neglect, or exploitation the opportunity to review the actions taken by a local department of social services.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Statutory Authority: §§ 51.5-131 and 51.5-148 of the Code of Virginia; 42 USC § 1397(3).

Public Comment Deadline: November 1, 2017.

Agency Contact: Paige L. McCleary, Adult Services Program Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7605, or email paige.mccleary@dars.virginia.gov.