Family Services, Dept. of

Adult Protective Services

Chapter 1: General Provisions

Effective Date: 08/13/1998 to 11/04/2003

Rule Type: Superceded Rules & Regulations

Reference Number: 049.0002.1.08131998

RULES AND REGULATIONS

DEPARTMENT OF FAMILY SERVICES ADULT PROTECTIVE SERVICES

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These rules of the Department of Family Services are promulgated pursuant to mandate of Wyoming Statute (W.S.) 35-20-104(a)(ii).

Section 2. Purpose. These rules are adopted to implement the Department's responsibilities under the Adult Protective Services Act (W.S. 35-20-101 through 35-20-109).

Section 3. Severability. If any provision of these rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.

Section 4. Definitions.

(a) 'Abandonment' means leaving an adult who is disabled without financial support or the means or ability to obtain food, clothing, shelter or health care.

(b) 'Abuse' means the willful infliction of physical pain, injury, unreasonable confinement or deprivation, which conduct threatens the welfare and well-being of an adult who is disabled.

(c) 'Administrator' means the director of the Department of Family Services or designee.

(d) 'Adult Protection Team' means the formal organization of community citizens assembled to assist and coordinate adult protection activities with the Department's field office and other agencies and organizations that serve adults.

(e) 'Adult who is disabled' means any person eighteen (18) years of age or older who is unable unassisted to properly manage and take care of himself or his property as a result of the infirmities of advanced age, physical or mental disability or the use of alcohol or controlled substances.

(f) 'Ancillary guardian' means a guardian appointed by a court of another state for a ward who is currently a resident of this state.

(g) 'Caretaker' means any person or agency responsible for the day-to-day care of an adult who is disabled because of:

(i) A family relationship;

1. (ii) Voluntary assumption of responsibility for day-to-day care;
2. (iii) Court-ordered responsibility or placement;
3. (iv) Rendering services in an adult workshop, an adult residential program, community-based program or an institution.(h) “Caretaker neglect” occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision is not secured for the at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise.(i) “Casework” means investigating any referral of an adult thought to be disabled who is reportedly abused, neglected, abandoned or exploited, and referral to appropriate community agencies for needed services and emergency services as defined in Chapter 3 of these Rules.(j) “Collateral contact” means obtaining information concerning the living situation of the adult thought to be disabled from an individual who has knowledge of the situation but was not directly involved in referring the adult thought to be disabled to the Department for services.(k) “Conservator” means a person appointed by the court to have the custody and control of the property of a ward.(l) “Court” means the district court in the district where the adult thought to be disabled resides or is found.(m) “Department” means the Department of Family Services or its successor.(n) “Emergency services” means those services, including physical care and custody in a nonrestrictive environment necessary to maintain the vital functions and without which services the adult thought to be disabled would suffer irreparable harm or death.(o) “Exploitation” means taking advantage of an adult who is disabled or his/her physical or financial resources for personal or pecuniary profit by the use of undue influence, harassment, duress, deception, false representation or false pretenses.(p) “Guardian” means the person appointed by the court to have custody of the person of the ward. Guardianships may be limited to specific needs of the ward such as guardianship of person and/or property.(q) “Injunction” means a writ granted by a court of equity whereby one is required to do or refrain from doing a specified act.(r) “Lacks the capacity to consent” means the lack of sufficient understanding or ability to make or communicate responsible decisions concerning one’s self including one’s finances, health, care, food, clothing or shelter.(s) “Limited conservatorship” means a conservatorship in which the appointment by the court is limited in scope of duties or duration of appointment.

(t) “Mental disability” is defined as a condition causing mental dysfunction resulting in an inability to manage resources, carry out the activities of daily living, or protect oneself from neglect, abuse, exploitation or hazardous situations without assistance from others. Whether or not a mental dysfunction of this degree exists is subject to an evaluation by a licensed psychologist, psychiatrist or physician, if disputed.

(u) “Minor incident” means a classification of abuse which does not threaten the welfare or well-being of a disabled adult; or neglect which does not result in the deprivation of the minimum food, shelter, clothing, supervision, physical and mental health care, or other care necessary to maintain a disabled adult’s life or health, and does not result in a life-threatening situation.

(v) “Mistreatment” means an act or omission which threatens the health, safety or welfare of an at-risk adult, or which exposes the adult to a situation or condition that poses an imminent risk of death, or serious bodily injury to the adult.

(w) “Neglect” means the deprivation of the minimum food, shelter, clothing, supervision, physical and mental health care and other care necessary to maintain the life or health of an adult person who is disabled. The withholding of health care from an adult who is disabled is not neglect if:

(i) Treatment is given in good faith by a spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination; or

(ii) The withholding of health care is in accordance with a declaration executed pursuant to W. S. 35-22-101 through 35-22-109.

(x) “Person lacking competence” means an individual who is unable unassisted to properly manage and take care of one’s self or one’s property as a result of the infirmities of advanced age, mental disability, physical disability, disease, the use of alcohol or controlled substances.

(y) “Person lacking mental competence” means an individual who is unable unassisted to properly manage and take care of one’s self, or one’s property as a result of mental illness, mental deficiency or mental retardation.

(z) “Physical disability” means a physical condition that results in an inability to care for oneself’s daily personal needs or protect oneself from neglect, abuse, exploitation or hazardous conditions without the assistance of others.

(aa) “Protective services” means those services provided by the Department to assist adults who are disabled in order to prevent or terminate abuse, neglect, exploitation or abandonment until the adult who is disabled no longer needs those services, as defined by Department policy.

(bb) “Reporter” means any person who knows or has reasonable cause to believe an adult who is disabled is abused, neglected, exploited or abandoned.

(cc) “Self-neglect” is the result of an adult’s inability, due to physical and/or mental impairments or diminished capacity, to perform essential self-care tasks including: providing essential food, clothing, shelter, and medical care; obtaining goods and services necessary to maintain physical health, mental health, emotional well-being and general safety; and/or managing financial affairs.

(dd) “Ward” means a person who has been adjudicated incompetent or for whom a guardian has been appointed by a court of competent jurisdiction.

Section 5. Administrative Reviews. Any person who is a perpetrator, victim or legal guardian of a victim of abuse, neglect, exploitation or abandonment may request administrative review of Departmental action alleged to be contrary to law or the Department's policy. Such administrative review shall be conducted by the Department's field office manager. The field office manager's determination may be further contested by the individual requesting a fair hearing according to Departmental Administrative Rules.

Section 6. Adult Protection Teams.

(a) The field office of the Department may encourage and assist in the creation of adult protection teams within communities in a local jurisdiction.

(b) If the Department's field office manager elects not to chair the team meeting, the team may elect its own chairperson.

(c) Each adult protection team may develop a plan. Any such plan shall include procedures for selection of officers, scheduling of meetings, selection of cases, and public education projects. The Department may develop a model plan in order to assist the process of local team plans. Local plans shall be submitted to the Department's region manager or his/her designee for review and approval.

(d) The purpose of the team is to assist and coordinate adult protection activities with the Department's field office and other agencies and organizations that serve adults.

(e) Records of the team shall be confidential in accordance with the provision of W.S. 35-20-108. In order to facilitate services to a disabled adult, the Department is authorized to divulge case particulars to adult protective services' team members who sign a memorandum of understanding to protect the confidentiality of individual cases discussed at team meetings.