Section 15.91. General

(a) Protective services. Protective services are activities, resources and supports provided to older adults under the act after the initiation of an investigation to prevent, reduce or eliminate abuse, neglect, exploitation and abandonment. Protective services activities include the following:

(1) Administering protective services plans.

(2) Receiving and maintaining records of reports of abuse.

(3) Conducting investigations of reported abuse.

(4) Conducting assessments and developing service plans.

(5) Petitioning the court.

(6) Providing emergency involuntary intervention.

(7) Arranging for available services needed to fulfill service plans, which may include, as appropriate, arranging for services for other household members to reduce, correct or eliminate abuse, neglect, exploitation or abandonment of an older adult. A partial listing of the services which may be made available to reduce, correct or eliminate abuse, neglect, exploitation or abandonment of an older adult is found in § 15.93(c) (relating to service plan).

(8) Purchasing, on a temporary basis, as provided under § 15.112 (relating to uses of funding authorized by the act), services determined by a service plan to be necessary to reduce, correct or eliminate abuse, neglect, exploitation or abandonment of an older adult when the services are not available within the existing resources of the agency or other appropriate provider.

(b) Availability of protective services. The agency shall offer protective services under one or more of the following conditions:

(1) An older adult requests the services.

(2) Another interested person requests the services on behalf of an older adult.

(3) If, after initiation of an investigation of a report, the agency determines the older adult needs the services.

(c) Informed consent required. The agency shall provide protective services only to older adults who give informed consent to the services. The consent shall be in writing when possible. If the older adult does not consent or, if after consenting, withdraws the consent, protective services may not be provided unless the provision of the services is allowable as a consent exemption.

(d) Consent exemptions. Protective services may be provided to older adults in need of protective services without consent only in the following situations:

(1) When ordered by a court under section 304 of the act (35 P. S. § 10225.304).

(2) When requested by an older adult’s court-appointed guardian.

(3) When provided under § 15.71 (relating to involuntary intervention by emergency court order).

(e) Interference with services. If a person interferes with the provision of services or interferes with the right of an older adult to consent to the provision of services, the agency may petition the court for an order enjoining the interference.

The provisions of this § 15.91 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2412. Immediately preceding text appears at serial pages (228915) to (228916).