Who Qualifies for Assistance from Indiana Adult Protective Services?

Adult Protective Services (APS) helps individuals in Indiana who are suspected of being abused or neglected. They investigate claims of adult abuse and provide assistance to victims, like social services and medical care.

Any adult who is endangered by another person’s abuse, neglect, or exploitation can qualify for APS assistance if they cannot protect themselves. In many cases, seniors and nursing home residents are the ones in need of the APS’s help. Unfortunately, some seniors in Indiana nursing homes are neglected and even physically abused. Family members and friends financially exploit many other victims. If you suspect someone vulnerable in your life is the victim of abuse, our team can help you report it to APS. They will conduct an independent investigation while our lawyers conduct our own. We can also use evidence from the APS investigation to help prove your civil claim against the perpetrator.

For a free review of your case with our Indianapolis elder abuse lawyers, call Wruck Paupore at (219) 322-1166.

Who Does the Adult Protective Services Provide Assistance to in Indiana?

The Indiana APS program is administered by the state Family and Social Services Administration and is intended to protect certain adults in danger of harm. Specifically, the ASP assists “endangered adults,” which is a legal definition rather than a subjective opinion. An endangered adult is a person who is 18 or older and incapable of protecting themselves from harm because of a mental, physical, or other disability. Further, they must have been harmed or threatened with harm through either abuse, neglect, or exploitation. Any adult in Indiana meeting this definition should qualify for the ASP’s help.

APS recognizes many conditions that can render an individual incapable of protecting themselves. Among the most common are dementia and intellectual disabilities. Others need protective services because they have a mental illness, or their functioning is reduced from excessive drug use or habitual drunkenness. Basically, most mental and physical disabilities will meet this standard.

APS has the power to investigate cases and take legal action when an endangered adult needs protection. As a state protective agency, the APS has access to numerous resources to help endangered adults, including social services, psychiatric and medical care, and other community services.

While the APS definition is purposefully broad, endangered adults tend to be seniors, especially those living in nursing homes. Elder abuse is a serious problem in Indiana and throughout the country, with nearly one out of every ten Americans over 60 falling victim to abuse. Strangers commit much of this elder abuse, but family, friends, and neighbors also perpetrate abuse. Our Indiana elder abuse attorneys can help you file a report with the APS if you suspect a loved one is being harmed or you are being threatened. While the APS investigates your case, we can explore your other legal options to compensate you for your damages.

What Does the Indiana Adult Protective Services Investigate?

The APS investigates suspected cases of abuse, neglect, and exploitation. The APS defines abuse as battery, which happens when a person intentionally touches someone in an insolent, angry, or rude manner. For example, physical and sexual abuse would qualify as battery. However, it is also considered battery to place bodily fluid or waste on someone, like spitting on them.

Neglect of an individual often takes many forms. Some caregivers do not provide adequate clothing, shelter, food, or medical treatment. The APS definition also includes self-neglect, when individuals cannot provide these things for themselves and should be reported.

Lastly, the APS will investigate reports of exploitation, which is the illegal use of another person’s labor, property, or services. Financial exploitation is common, especially among seniors falling prey to online and telephone scammers.

When Should a Report Be Filed with the Indiana Adult Protective Services?

It is completely natural to hesitate to file a report with an official agency. People often do not have concrete evidence of harm, just reasonable suspicions. They do not want to accuse someone falsely or get in trouble for filing a report that later turns out to be unfounded. Fortunately, you will not be criminally charged or civilly liable for filing a report with the APS in good faith.

In fact, you will only face consequences if you do not report suspected abuse or exploitation. Indiana is a “mandatory report” state under I.C. § 35-46-1-13, which means that each person in the state has a legal duty to report suspected neglect or abuse of another person to law enforcement or an APS unit. Failure to make a report when necessary can be charged as a Class B misdemeanor, so consult our team immediately if you have a legitimate belief that abuse is occurring.

The APS provides several methods for filing a report. You can make an online report here or call the state hotline at 1-800-992-6978. You can also visit an APS office near you if you prefer to file a report in person.

Your report will be confidential, so you need not fear that the abuser will discover your identity during the APS’s investigation. The APS does not share the names of involved parties or other information unless there is a court order or you consent to your name being disclosed. After the report is filed, an APS investigator might reach out to you for additional details but will not share details about the investigation with you. You might also need to speak with law enforcement if the state presses charges against the suspected abuser.

It is important to keep in mind that filing a report does not necessarily mean that the person will accept the APS’s assistance. If they have the capacity to make their own choices, the APS cannot force them to accept help, no matter how much they might need it.

Call Our Indiana Elder Abuse Lawyers Today for Help with Your Case

To have your case reviewed for free with our Indiana elder abuse attorneys, contact Wruck Paupore at (219) 322-1166.