APS is a county department that looks after and protects adults who are truly totally helpless. There is a very narrow definition of an individual who meets the criteria of needing protection from APS. This definition is not local; it’s defined by the State of North Carolina.
- They must be disabled and incapacitated (this includes substance abuse)
- There has to be an allegation of abuse/neglect/exploitation (filing of an APS report)
- The individual is in need of protection
Abuse is defined as willful infliction of physical or verbal pain. Only when an individual meets all three of these criteria will APS get involved. Typically, abuse can only occur by a caretaker. Abuse reports can be filed by calling 704-336-CARE. Also, be aware that APS does not do proactive abuse avoidance. For a report to accepted, the abuse must have already occurred.
Here is a list of things that APS can do once an APS report is filed and verified to meet the above criteria.
- Protective Measures:
- If necessary, APS can provide or arrange for services such as in-home care, medical treatment, or placement in an appropriate care facility.
- In cases where the person is found to be incapacitated and unable to make decisions, APS can pursue guardianship through the courts. A guardian may be appointed to make decisions on behalf of the individual, such as managing finances, healthcare, and living arrangements.
- Legal Action:
- If an individual’s well-being is at significant risk, APS may involve law enforcement or the courts to protect the person from harm. This may include removing the individual from a dangerous situation or obtaining restraining orders against abusers or exploiters.
- In cases where the individual refuses services but is determined to be incapacitated, APS may seek an involuntary intervention through court proceedings.
- Monitoring:
- APS will continue to monitor the case after protective services are implemented to ensure the individual’s safety and well-being. Regular follow-ups and adjustments to the service plan may be made as needed.
The aim of APS is to protect the individual while respecting their rights and autonomy to the greatest extent possible, balancing intervention with the least restrictive measures appropriate for their situation.